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Lewiston City Zoning Code

B-2 GENERAL

BUSINESS DISTRICT

§ 152.150 PERMITTED USES.

   The following are permitted uses in the B-2 General Business District:
   (A)   Animal or pet shops;
   (B)   Antiques, gift or jewelry stores;
   (C)   Apparel, dry goods or department stores;
   (D)   Appliances, sewing machine sales and service, hardware, paint and wallpaper stores, and bicycle sales and repair;
   (E)   Art and school supply, book and stationery stores;
   (F)   Art, photographic, music and dance studios;
   (G)   Bakeries employing not more than four persons in the baking process;
   (H)   Banks, savings and loan associations, and loan and finance companies;
   (I)   Barber and beauty shops;
   (J)   Business, commercial or trade schools;
   (K)   Camera or photographic supply stores, hobby, toy or record stores, sporting goods stores or musical instrument stores;
   (L)   Clinics, for people only;
   (M)   Radio or television broadcasting or transmitting stations or studios, radio and television repair, when operated as an accessory to a retail sales establishment;
   (N)   Drug, variety and five and ten cent stores;
   (O)   Dry cleaning and laundry collection stations;
   (P)   Professional and other business offices; employment agencies;
   (Q)   Furniture store; carpet and rug stores;
   (R)   Grocery, fruit, vegetable, floral or meat stores, candy, ice cream, soft drink or confectionery stores, excluding drive-in type service;
   (S)   Leather goods and luggage, shoe stores and shoe repair service;
   (T)   Liquor stores and taverns;
   (U)   Medical supply stores;
   (V)   Newsstands;
   (W)   Laboratories;
   (X)   Physical culture and health clubs and gyms;
   (Y)   Pipe and tobacco shops;
   (Z)   Post offices;
   (AA)   Restaurants, tea rooms, delicatessens and cafés, excluding drive-in type service;
   (BB)   Self-service storage facilities;
   (CC)   Tailor shops;
   (DD)   Telephone booths (outside);
   (EE)   Theaters; and
   (FF)   Auto and farm implement dealership.
(Prior Code, § 910.01)

§ 152.151 CONDITIONAL USES.

   The following are conditional uses in the B-2 General Business District:
   (A)   Any business activity of the same general character as those listed in § 152.150 but not specifically permitted;
   (B)   Multiple dwellings, but only if a part of a planned concept in accordance with the Comprehensive Plan;
   (C)   Auto service stations;
   (D)   Farm supply stores;
   (E)   Veterinarian clinics;
   (F)   Residential apartment units; provided that the permit may only be granted for conversion of existing buildings. Also, in regard to renovation of street or ground floor areas, at least 50% or 1,000 square feet, whichever is smaller, must remain available for other business uses permitted in this District. The area remaining available for business use must be located at the street/store front area of the ground floor. Renovation plans must conform to all applicable state and local regulations for such use and must provide for adequate off-street parking; and
   (G)   Any manufacturing, production, processing, cleaning, storage, servicing, repair and testing of materials, goods or products similar to those listed in § 152.150 but not specifically permitted, which comply with the performance standards of this District.
(Prior Code, § 910.02)

§ 152.152 HEIGHT, YARD AND AREA REGULATIONS.

   (A)   Height regulations. Structures shall not exceed four stories or 45 feet in height, except that church spires, belfries, domes which do not contain useable space, water towers, chimneys or smoke stacks, cooling towers and elevated penthouses may be erected with no height limitations except airport requirements.
   (B)   Yard regulations and lot coverage regulations. None required except to provide off-street parking and loading, if required.
   (C)   Screening requirements. The screening requirements shown in § 152.137(F), regarding uses adjacent to residential areas, shall also apply to all B-2 users.
(Prior Code, § 910.03)

§ 152.153 GENERAL REGULATIONS.

   (A)   Lighting shall be directed away from public rights-of-way and residential districts.
   (B)   Any awning, canopy or marquee suspended from a building may extend over the public right-of-way ten feet and not closer than one foot to the curb line extended. Such structure shall be not less than seven feet from the sidewalk or ground grade level, and the owner of such structure shall be responsible for its structural safety.
   (C)   Signs protruding or extending over sidewalks or public rights-of-way shall be not less than seven feet above the sidewalk or ground level.
   (D)   No individual mailboxes may be erected or maintained within or adjacent to the right-of-way of Main Street or Fremont Street in the Downtown Business District defined as Main Street from its intersection on the west with Fremont Street, easterly to its intersection with Rice Street; and Fremont Street from its intersection with Harrison Street on the north to city alley south of First Street South.
(Prior Code, § 910.04)

§ 152.154 PARKING REGULATIONS.

   The required parking and loading spaces shall be provided on the premises of each use. No parking shall be allowed in any required yard except as a conditional use. Each parking space shall contain a minimum area of not less than 300 square feet including access drives, and a width of not less than nine feet, and a depth of not less than 20 feet. The minimum number of required off-street parking spaces for various uses shall be as follows:
   (A)   Automobile service station: four parking spaces plus two parking spaces for each service stall. Such parking spaces shall be in addition to gas pump service areas;
   (B)   Sales establishments for autos, trailers, boats and marine equipment, farm implements, garden supplies, building materials and auto repair services: six parking spaces plus one additional parking space for each 500 square feet of floor area over 1,000 square feet;
   (C)   Bowling alley: five parking spaces for each bowling lane;
   (D)   Drive-in restaurant: 20 parking spaces or one space for each 20 square feet of floor area whichever is greater;
   (E)   Motel: one parking space for each rental room or suite;
   (F)   Miniature golf course, archery range or golf driving range: ten parking spaces;
   (G)   Assembly or exhibition hall, auditorium, theater or sports arena: one parking space for each four seats, based on design capacity;
   (H)   Restaurant, café, night club, tavern or bar: one parking space for each 100 square feet of floor area;
   (I)   Skating rink or dance hall: one parking space for each 200 square feet of floor area;
   (J)   Other retail stores and service establishments: one parking space for each 100 square feet of floor area plus one space for each employee on the major shift or one space for each 350 feet of gross floor area within the building, whichever is greater; and
   (K)   Professional offices, medical and dental clinics, and animal hospitals: four parking spaces plus one parking space for each 500 square feet of floor area over 1,000 square feet.
(Prior Code, § 910.05)

§ 152.155 PERMITTED SIGNS REQUIRING A PERMIT.

   (A)   Wall signs and projecting signs.
      (1)   Individual establishments. Individual detached establishments or enterprises not clustered in a shopping center complex or in a multi-tenant office or industrial building may have wall signs and projecting signs on each wall; provided the aggregate area of such signs does not exceed 20% of the area of the wall supporting the signs.
      (2)   Clustered establishment. Attached establishments or enterprises clustered in a shopping center complex or in a multi-tenant office or industrial building may have wall signs and projecting signs subject to the following:
         (a)   Each establishment or enterprise may have such signs on each of its exterior walls; provided the aggregate area of such sign does not exceed 20% of the wall supporting the signs; and
         (b)   In lieu of division (A)(2)(a) above, the aggregate of the establishments or enterprises may have a wall or projecting sign on each wall identifying the tenants collectively, or identifying the complex or building; provided the area of each sign does not exceed 30% of the area of the wall supporting it, or 100 square feet, whichever is less.
   (B)   Freestanding signs.
      (1)   The gross surface area of any freestanding sign shall not exceed 80 square feet.
      (2)   Freestanding signs shall be limited to one for a lot of 100-foot frontage or less, and to only one for each additional 100 feet for lot frontage (i.e., lots with frontage of 150 feet shall only be allowed one freestanding sign; lots with 200 feet of frontage shall be allowed two signs). Corner lots or pie-shaped lots shall be assigned frontage pursuant to the section of the city code relating to special assessment of curb and gutter and street assessments.
      (3)   No freestanding sign shall project higher than ten feet above the highest point of any building on the lot.
   (C)   Roof signs. Each lot eligible for a freestanding sign may instead elect to have a roof sign for identification (in lieu of a freestanding identification sign); provided that the sign does not extend more than six feet above the roof line or exceed respective area limits.
   (D)   Canopy signs. Individual and clustered establishments may have canopy signs, to be considered a type of wall sign; provided the sign in all other respects is consistent with the provisions of this chapter for wall signs.
(Prior Code, § 910.06)

§ 152.156 PERFORMANCE STANDARDS FOR CONDITIONAL USES.

   In order to ensure compliance with the performance standards set forth below, the City Council may require the owner or operator to show adherence to the performance standards. Such investigations or tests as are required shall be carried out by an independent testing organization selected by the city. Such investigations or testing shall be ordered by the owner or operator. The cost of same shall be shared equally by the owner or operator and the city, unless the investigation or tests disclose non-compliance with the performance standards, in which situation the entire costs shall be paid by the owner or operator.
   (A)   Noise. At any property line, the sound pressure level of noise radiated from an industrial operation shall not exceed the values given in Table 1 herein. The sound pressure level shall be measured with a sound meter and an associated octave-band analyzer, both of which are manufactured to specifications published by the American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224, 10-1953, American Standards Association, Inc., New York, New York. Measurements shall be made using the flat network of the sound level meter.
Table 1
Frequency Band Cycles Per Second
Maximum Permitted Sound Level (Decibels)
Table 1
Frequency Band Cycles Per Second
Maximum Permitted Sound Level (Decibels)
20 - 75
72
76 - 150
67
151 - 300
59
301 - 600
52
601 - 1,200
46
1,201 - 2,400
40
2,401 - 4,800
34
Over 4,800
32
 
   (B)   Odors. No odors shall be detectable beyond the limits of the property.
   (C)   Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining property. Glare, whether direct or deflected, such as from floodlights, spotlights or high temperature processing, and as differentiated from general illumination, shall not be visible beyond the limits of the property.
   (D)   Vibration. No vibration shall be discernible at any property line to the human sense of feeling for an accumulated total of three or more minutes during any hour.
   (E)   Smoke. The Ringelman Smoke Chart, published by the United States Bureau of Mines, shall be used for measuring smoke at the point of emission. Smoke not darker than or more opaque than No. 4 on said chart may be emitted, except that smoke darker than or more opaque then No. 2 on said chart may not be emitted for periods longer than four minutes in any 30 minutes. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but an equivalent apparent opacity.
   (F)   Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.2 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500ºF and 50% excess air.
   (G)   Fumes and gases. Fumes or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic or corrosive. The values given in Table 1 (industrial hygiene standards - maximum allowable concentration for eight-hour day, five days per week), Table III (odor thresholds), Table IV (exposure to substances causing pain in the eyes) and Table I (exposure to substances causing injury to vegetation) in the latest revision of Chapter 5, “Physiological Effects”, that contains such tables, in the Air Pollution Abatement Manual, by the Manufacturing Chemists’ Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentrations or amounts. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit.
   (H)   Sewer and water. The design and construction of water supply facilities and treatment of all industrial sewage and waste shall comply with city and state health standards and requirements.
(Prior Code, § 910.07)