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Kirtland City Zoning Code

CHAPTER 1277

RETAIL BUSINESS DISTRICTS

§ 1277.01 PURPOSE.

   Retail Business Districts and their regulations are established to achieve, among others, the following purposes:
   (a)   To provide in appropriate and convenient locations retail business uses to serve residents, employees and visitors;
   (b)   To promote the economic development of the city;
   (c)   To protect adjacent residential and business properties by requiring adequate yards and landscaping of their common boundaries; and
   (d)   To promote the desirable and beneficial use of land based upon the Comprehensive Plan.
(Ord. 10-O-35, passed 7-12-2010)

§ 1277.02 USE REGULATIONS.

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in retail business districts only for the uses set forth in the schedules and use regulations of this Zoning Code.
   (a)   The main buildings and uses set forth in § 1277.03 shall be permitted by right as the principal building or use of a lot.
   (b)   Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features, and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission according to procedures and standards set forth in Chapter 1285. Only those uses so enumerated in § 1277.04 may be approved in the district.
   (c)   The accessory buildings and uses set forth in § 1277.05 shall be permitted as a subordinate building or use, which is clearly incident to and located on the same lot as the main building or use.
(Ord. 10-O-35, passed 7-12-2010)

§ 1277.03 PERMITTED USES.

   The following uses shall be permitted in Retail Business Districts:
   (a)   Retail goods and services entirely within enclosed buildings, including, but not limited to the following:
      (1)   Sale, serving and consumption of food and beverages;
      (2)   Video rental and sales;
      (3)   Beauty/barbershop;
      (4)   Convenience store;
      (5)   Computer sales and service;
      (6)   Office supplies;
      (7)   T.V., radio, appliance repair;
      (8)   Photographic supplies;
      (9)   Hobbies, crafts, gifts;
      (10)   Hardware, wallpaper, paint;
      (11)   Wearing apparel, shoes, hats;
      (12)   Groceries, meats, fruits, vegetables;
      (13)   Jewelry;
      (14)   Flowers;
      (15)   Furniture, appliances, floor coverings;
      (16)   Pharmaceuticals;
      (17)   Sporting goods;
      (18)   Fitness center;
      (19)   Bookstores;
      (20)   Antiques;
      (21)   Laundry and/or dry cleaning agency, provided no work shall be done on the premises for other outlets; and
      (22)   Self-service laundry.
   (b)   All permitted uses in Institutional and Office Districts, specifically those enumerated in § 1273.03, including any declaration of a similar use by the Planning and Zoning Commission. A declaration of a similar use shall require the approval of a conditional use permit pursuant to Chapter 1285.
   (c)   Day care center.
   (d)   Any other use declared to be a similar use by the Planning and Zoning Commission and approved as a conditional use pursuant to Chapter 1285.
(Ord. 10-O-35, passed 7-12-2010; Am. Ord. 24-O-40, passed 6-17-2024)

§ 1277.04 CONDITIONAL USES.

   The following uses may be permitted provided that each use meets the requirements and standards set forth in Chapter 1285, Conditional Uses:
   (a)   Outdoor serving and consumption and carry-out sales of food and beverages;
   (b)   Instructional or training facility;
   (c)   Outdoor sales of plant and landscape materials;
   (d)   Automotive service station;
   (e)   Sale of automobiles and recreational equipment;
   (f)   Veterinary hospitals;
   (g)   Public utility; and
   (h)   Any use similar to the above Conditional Uses, declared as such by the Planning and Zoning Commission, and approved as a Conditional Use pursuant to Chapter 1285.
(Ord. 10-O-35, passed 7-12-2010; Am. Ord. 24-O-40, passed 6-17-2024)

§ 1277.05 ACCESSORY USES.

   The following accessory uses shall be permitted in General Business Districts:
   (a)   Signs as permitted and as regulated in Chapter 1286;
   (b)   Off-street parking and loading as permitted and as regulated in Chapter 1288;
   (c)   Trash and material storage enclosed in a building or an approved structure or enclosure;
   (d)   Restaurant or snack bar within an office building or public building; and
   (e)   Any other use customarily incident to the operation of a permitted retail use or service.
(Ord. 10-O-35, passed 7-12-2010)

§ 1277.06 MINIMUM LOT AREA AND WIDTH REGULATIONS.

   (a)   Minimum lot area. The minimum lot area shall be not less than one acre.
   (b)   Minimum lot width. The minimum lot width, measured at the required setback, shall be not less than 100 feet.
(Ord. 10-O-35, passed 7-12-2010)

§ 1277.07 YARD REGULATIONS.

   Front, side and rear yards shall be provided on each lot occupied by a permitted use, conditional use or accessory use according to the following schedule:
Minimum Yard Dimensions (feet)
Building or Use
Front Yard
Side Yard
Rear Yard
From Center Line
From Lot Line
Adjoins Res. District
Adjoins Non-Res. District
Abuts Street (corner) (b)
Adjoins Res. District
Adjoins Non-Res. District
Minimum Yard Dimensions (feet)
Building or Use
Front Yard
Side Yard
Rear Yard
From Center Line
From Lot Line
Adjoins Res. District
Adjoins Non-Res. District
Abuts Street (corner) (b)
Adjoins Res. District
Adjoins Non-Res. District
Any permitted use
80
50
25
15
25
50
30
Conditional use
   Building
80
50
25
15
25
50
30
   Outdoor display
55
25
40
15
25
50
30
Parking Area
40
10
30
10
25
30
10
Loading Area
N/A(a)
N/A(a)
30
10
25
30
10
 
(a)   Not permitted in front yard.
(b)   From right-of-way.
(Ord. 10-O-35, passed 7-12-2010)

§ 1277.08 MAXIMUM LOT COVERAGE.

   The maximum area of the lot covered by main and accessory buildings shall not exceed 30 percent.
(Ord. 10-O-35, passed 7-12-2010)

§ 1277.09 LANDSCAPE REGULATIONS.

   (a)   Each lot occupied by a permitted or conditionally permitted use shall have not less than 30 percent of the lot landscaped.
   (b)   Landscapes shall be in accordance with the regulations as set forth in § 1284.04.
(Ord. 10-O-35, passed 7-12-2010; Am. Ord. 24-O-40, passed 6-17-2024)

§ 1277.10 HEIGHT REGULATIONS.

   (a)   Permitted buildings shall not exceed three stories and shall not exceed 35 feet in height.
   (b)   Chimneys, domes, elevator penthouses, skylights, ventilators or other necessary appurtenances may be erected to a height above the height limitation, but in no case shall such features exceed 20 feet above the maximum permitted height.
(Ord. 10-O-35, passed 7-12-2010)

§ 1277.11 SITE DESIGN STANDARDS.

   Each site shall be developed according to the design standards provided in Chapter 1284, Site Design Standards.
(Ord. 10-O-35, passed 7-12-2010)

§ 1277.12 DEVELOPMENT PLAN REQUIRED.

   Each zoning application for a new building or use, additions thereto, or a change in use shall include a development plan as provided in Chapter 1262, Administration, Enforcement and Penalty.
(Ord. 10-O-35, passed 7-12-2010)