Macon County Unincorporated
City Zoning Code
City Zoning Code
BUSINESS DISTRICTS
§ 155.135 B1 - NEIGHBORHOOD SHOPPING DISTRICT.
(A) Purpose. The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section, are the regulations in the B1 – Neighborhood Shopping District.
(B) Use regulations. A building or premises shall be used only for any or a combination of the following purposes.
(1) Permitted uses.
(a) Public buildings;
(b) Dwelling units above the first floor and lodging rooms;
(c) Banks;
(d) Display room for merchandise to be sold at wholesale where merchandise sold is stored elsewhere;
(e) Dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, dry cleaning and pressing, and bakery with sale of bakery products on the premises, and other uses of a similar character, provided that no use permitted in this division (B)(1)(e) shall employ more than five persons in a single shift on the premises, not including employees whose principal duties are off the premises or temporary seasonal employees;
(f) Automotive service station, provided that the storage of all fuel shall be below the surface of the ground and provided further that propane, butane, or similar hydrocarbon products shall not be sold or stored on the premises;
(g) Office and office buildings;
(h) Personal service uses including barber shops, beauty parlors, photographic or artist studios, messengers, taxicabs, newspaper, or telegraphic, receiving stations, restaurants, and other personal services uses of similar character;
(i) Telephone business offices;
(j) Retail store including package liquor stores, provided that in connection with the store, there shall be no slaughtering of animals or poultry on the premises, and that no tavern or similar place of entertainment or amusement shall be permitted;
(k) Laundromat;
(l) Florist shop or greenhouse;
(m) Accessory building and uses incidental to permitted uses which would be permitted in this classification if conducted as primary uses, including advertising signs which relate to the business carried on by the occupant or occupants of the lot; and
(n) Billboards and signs not included within division (B)(1)(m) above, so long as the same are located more than 100 feet from the nearest R District and are in conformity with height, area, and front and side yard requirements.
(2) Special uses. Motel or tourist home.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.136 B2 - COMMERCIAL DISTRICT.
(A) Purpose. The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the regulations in the B2 – Commercial District.
(B) Use regulations. A building or premises shall be used only for any or a combination of the following purposes.
(1) Permitted uses.
(a) Any use permitted in the B1 – Neighborhood Shopping District;
(b) Billboard, when located at least 50 feet from any R District;
(c) Automobile or trailer display and sales when wholly enclosed;
(d) Business, commercial, or private school;
(e) When located not less than 100 feet from any R District:
1. Bowling alley;
2. Drive-in restaurant;
3. Taverns; and
4. Other similar places of entertainment or amusement.
(f) Dancing or music academy;
(g) Farm implement display or sales room;
(h) Frozen food locker;
(i) Hotel;
(j) Milk distributing station;
(k) Motel or tourist home;
(l) Public and private storage or parking garages;
(m) Radio or television broadcasting station or studio;
(n) Theater;
(o) Undertaking establishment;
(p) Veterinarian or animal hospital, kennels, or riding academy, providing that no building, kennel, or exercise runway shall be no closer than 100 feet to any R District;
(q) Used car sales or storage lot when located at least 50 feet from any R District;
(r) When not employing more than ten persons on the premises and located more than 100 feet from any front or side lot line in any R District:
1. Dyeing and cleaning establishment or laundry;
2. Painting, electrical, or plumbing shop;
3. Printing shop;
4. Tire sales and service, including vulcanizing;
5. Upholstering shop not involving furniture manufacturing;
6. Gasoline service stations including repairs, but specifically excluding auto body repair work;
7. Any other general service or repair establishment of similar character; and
8. Accessory building or use customarily incidental to the above uses.
(2) Special uses.
(a) Drive-in theaters;
(b) Outdoor sales lots;
(c) Churches;
(d) Wholesale establishment;
(e) Automotive service center;
(f) Warehousing; and
(g) Two-family and multiple-family dwelling units.
(1) Front yard: 35 feet;
(2) Side yards: either yard – 5 feet; aggregate – 12 feet for buildings under three stories; each yard eight feet for three-story buildings; and
(3) Lot area:
(a) For one-family, 20,000 square feet;
(b) For two-family, 10,000 square feet per family; and
(c) For multiple-family dwelling, 5,000 square feet per family.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.137 B3 - PLANNED SHOPPING CENTER DISTRICT.
(A) Purpose. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the B3 – Planned Shopping Center District. The district shall be laid out and developed as a unit according to an approved plan as provided below in order to accomplish its purpose to provide for modern retail shopping facilities of integrated design in appropriate locations to serve residential neighborhoods.
(B) Use regulations. A building or premises shall be used only for the retail sales of merchandise, services, parking areas, and similar facilities ordinarily accepted as shopping center uses. No building shall be designed, constructed, structurally altered or used for dwelling purposes, except to provide, within the buildings allowed, facilities for a custodian, caretaker, or watchman employed on the premises.
(C) Height and area regulations. The height and area regulations set forth in §§ 155.183 and 155.184 shall be observed; provided, however, that a part of the shopping center containing a ground floor area of not more than 10,000 square feet may be erected to a height of six stories or 90 feet when located not less than 150 feet from all property lines and when specifically approved as to arrangement and design, as specified hereinafter, and provided further that the aggregate ground area occupied by building shall not exceed 25% of the total area of the shopping center site.
(D) Parking and loading regulations. Off-street parking area shall be provided in the ratio of not less than three square feet of parking area for each square foot of the floor area, the floor area to be determined as provided in §§ 155.195 through 155.201. Loading spaces shall be provided in accordance with requirements for the B1 – Neighborhood Shopping District prescribed in §§ 155.195 through 155.201.
(E) Procedure. The owner or owners of a tract of land which comprises three acres or more may submit to the County Board, by filing with the Administrative Officer a plan for the use and development of the tract for the purpose of and meeting the requirements set forth in this section. The plan shall be accompanied by evidence concerning the feasibility of the project and its effects on surrounding property and other physical conditions which plan and supporting evidence shall include each of the following:
(1) A site plan defining the areas to be developed for buildings, the areas to be developed for parking, the location of pedestrian and vehicular circulation and the points of ingress and egress, including access streets where required, the location and height of walls, the provisions of spaces for loading, the location, size and number of signs and adjustments to be made in relation to abutting land uses and zoning districts;
(2) A report on the market to be served, the types and amount of service needed, general economic justification;
(3) A traffic survey prepared by qualified experts indicating the effect of the proposed shopping center on adjacent streets and also indicating the anticipated points of origin and direction and the amount of traffic flow to and from the shopping center; and
(4) A statement of financial responsibility to assure construction of the planned shopping center, including landscaping in accordance with the plan and the requirements of this section.
(F) Review and approval.
(1) Before any action thereon, the proposed planned shopping center plan, and the petition to establish the same, together with the required statements and supplementary information shall be referred by the Administrative Officer to the Board of Appeals for study and report for public hearing, all of which shall proceed in accordance with and be governed by the provisions of § 155.025 as if the same were a proposed variation. In no event shall the Board of Appeals favorably recommend or the County Board approve the plan unless the approval is accompanied by findings that:
(a) The shopping center shall be laid out and developed as a unit in accordance with an integrated over-all design;
(b) The location and arrangement of buildings, parking areas, walks, lighting, and appurtenant facilities shall be adjusted to the surrounding land uses, and any part of the shopping center site not used for buildings or other structures or for parking, loading, or access ways shall be improved with grass, trees, shrubs, or pedestrian walks;
(c) No merchandise, materials, or equipment shall be stored in any open areas within the shopping center site; nor shall the open spaces be used for the display, advertising, or sale of merchandise other than for seasonal exhibits. The intent of this division (F)(1)(c) is that no storage, display, or advertising of merchandise shall be allowed in the open area of the center which will constitute a hazard or deteriorate the general aesthetic quality of the center; and
(d) All roads, parking and loading areas, and walks shall be suitably graded and drained and paved with hard surface material meeting applicable specifications of the County Superintendent of Highways. Suitable lighting shall be provided for all facilities operated after sundown.
(2) Reasonable additional requirements as to landscaping, lighting, signs, and other advertising devices, screening, access ways, and building setbacks may be imposed by the Board of Appeals or County Board for the protection of adjoining residential property.
(G) Delay in construction. In the event that construction of the shopping center is not begun within two years of the date of approval by the County Board, the district shall revert to the same classifications of zoning existing prior to the approval of the B3 District and the zoning regulations of the prior district shall thereupon be in full force and effect.
(Ord. O-95-2-12, passed 2-9-2012)