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Mitchell City Zoning Code

CHAPTER 6

COMMERCIAL DISTRICTS

10-6-1: CONDITIONS OF USE:

   A.   In order to provide an aesthetically pleasing atmosphere abutting the major streets and highways of the city and to protect property values in this zone, all permitted, conditional and accessory uses in the neighborhood shopping district (NS), central business district (CB), and highway oriented business district (HB) zone shall be subject to the following conditions:
      1.   Prior to issuance of a commercial (nonresidential) building permit, the owner shall submit to the building official a drawing or drawings showing the exterior views of the building, its position upon the property, location and sizes of parking areas, plans for ingress and egress from the property onto the street, proposed elevations and drainage plans for the building and property and proposed landscaping. The applicant's plans shall demonstrate compatibility with the existing structures and applicable design standards. (Ord. 2408, 10-1-2012)
      2.   The building official shall transmit these plans and drawings to the planning commission. The planning commission shall review and approve or disapprove the proposed plan. If disapproved, the planning commission shall inform the owner or applicant of the revisions necessary for approval. The owner or applicant may resubmit the plan for review upon making the required changes, and the planning commission shall then review and approve or disapprove the revised plan at its next meeting. (Ord. 2408, 10-1-2012; amd. Ord. 2512, 4-6-2015)
      3.   Upon approval of the proposed plans, the building permit may be issued, and the owner shall construct and improve the property in accordance with the approved plans. Any changes which the owner desires to make after initial approval shall be submitted to the commission for its review and shall be subject to approval by the commission. (Ord. 2408, 10-1-2012)
      4.   For the purpose of this section, upon the delivery to the planning commission of the documents required by subsection A1 of this section, the planning commission shall set a meeting to review the documents within five (5) business days. A quorum is needed for the review of these documents. Of those who attend, a simple majority may approve or disapprove the plans or make recommendations for change. Any additional hearings required for further review shall be scheduled within five (5) business days, unless the time frame is waived by the applicant. (Ord. 2408, 10-1-2012; amd. Ord. 2512, 4-6-2015)

10-6A-1: INTENT:

To establish areas or business facilities that transition with close proximity to residential areas, while minimizing any undesirable impact of such uses in the neighborhood which they serve. (Ord. 2408, 10-1-2012)

10-6A-2: PERMITTED USES:

Alcohol sales, off-sale.
Assembly hall.
Assisted living.
Bakery.
Bed and breakfast.
Boarding house.
Boarding school.
Business service.
Childcare, preschool, nursery.
Coffeehouse.
Community garden.
Community residence.
Congregate care.
Convenience store.
Educational institution.
Electric vehicle charging stations (restricted, public and rapid charging).
Financial institutions.
Funeral home, mortuary.
Grocery store.
Historic site.
Hospice residential facility.
Lodging house.
Manufactured home community.
Multi-family dwellings.
Nursing home.
Office professional building.
Open space.
Parking facility.
Parks and playgrounds.
Personal health services.
Personal service facility.
Private club.
Public service.
Recreational indoor facility.
Religious institution.
Residential care.
Retail services and trade (footprint of principal structure 5,000 square feet or less).
Roadside stand.
Student housing (off campus).
Supportive living.
Temporary or emergency shelter. (Ord. 2408, 10-1-2012; amd. Ord. 2454, 11-4-2013; Ord. 2512, 4-6-2015)

10-6A-3: CONDITIONAL USES:

Alcohol sales (on-sale).
Automotive detailing shop.
Automotive repair.
Car wash, self-service.
Fuel dispensing station.
Fuel service station.
Outside storage.
Self-service storage facility if located along a collector or arterial public right of way. (Ord. 2408, 10-1-2012; amd. Ord. 2512, 4-6-2015; Ord. O2025-10, 8-18-2025)

10-6A-4: ACCESSORY USES:

Accessory buildings/uses.
Residential dwelling if accessory to the commercial activity and the residence of the proprietor. (Ord. 2408, 10-1-2012)

10-6A-5: DENSITY, AREA AND HEIGHT REGULATIONS:

 
Neighborhood
Shopping
District NS
Minimum
Lot Area
Minimum
Lot Width
Minimum
Front Yard
Minimum
Rear Yard
Minimum
Side Yard
Minimum
Side Yard
Corner Lot
Maximum
Zoning Lot
Coverage1
Maximum
Height
6,000 sq. ft.
60'
30'
20'
3'
20'
70%
21/2 stories or 35'
 
Note:
   1.    Structures may cover all of the zoning lot, except for required yards and parking and loading spaces and applicable landscaping requirements set forth in this code.
   A.   Accessory Buildings:
      1.   An accessory building shall not be permitted in any required front yard and no separate accessory building shall be erected within three feet (3') of any principal building's line.
      2.   Accessory buildings shall be at least three feet (3') from zoning lot lines of adjoining lots, footage to be measured from the overhang building line.
      3.   On a corner lot they shall conform to the setback requirements on the side street, except in the case of an accessory structure door parallel to the alley, the minimum yard requirement setback shall not be less than sixteen feet (16'). (Ord. 2408, 10-1-2012)

10-6B-1: INTENT:

This district is intended to provide locations of controlled and related highway access with a wide variety of retail, service, professional and commercial uses that may require large land areas, extensive retail operations, and outdoor display of merchandise. (Ord. 2408, 10-1-2012)

10-6B-2: PERMITTED USES:

Agricultural sales and service.
Alcohol sales (on- and off-sale).
Assembling and packaging.
Assembly halls.
Automotive dealerships, sales.
Automotive detailing shop.
Automotive parts/supply retail.
Automotive repairs, service and leasing.
Bakery.
Beverage bottling.
Boat sales.
Bowling alleys.
Brewpub (microbrewery).
Business services.
Campgrounds.
Car wash, industrial and self-service.
Childcare, preschool, nursery.
Coffeehouse.
Community center.
Contractor's storage yard.
Convenience store.
Custom manufacturing.
Educational institution.
Electric vehicle charging stations (restricted, public and rapid charging).
Financial institutions.
Fireworks sales (only outside the city limits).
Fuel dispensing station.
Fuel service station.
Funeral parlor, mortuary.
Garden center.
Greenhouse/nursery.
Grocery store (market).
Historic site.
Hospital.
Indoor crop production.
Indoor recreation facility.
Laboratories; research and support.
Landscaping business.
Locker/butcher.
Lumberyard.
Off premises sign, limited in total sign area of three hundred (300) square feet per side and of which only two (2) sides shall be used for advertising purpose.
Open space.
Outdoor recreation facility.
Outdoor sales.
Outside storage.
Park and playground.
Parking facilities.
Personal health facility.
Personal service establishments.
Printing plants.
Printing shops.
Private club.
Processing, light.
Professional and/or office buildings.
Public service facility.
Racetrack.
Radio and television studio.
Religious institution.
Retail sales and trade.
Retail warehouse.
Roadside stand.
Service centers.
Shopping centers.
Sign store.
Storage garage.
Theater.
Truck stop.
Wholesale merchandising and wholesale retail. (Ord. 2408, 10-1-2012; amd. Ord. 2454, 11-4-2013; Ord. 2512, 4-6-2015; Ord. O2022-17, 11-14-2022)

10-6B-3: CONDITIONAL USES:

Agricultural equipment and supplies establishments.
Animal boarding.
Animal hospital (animal clinic).
Animal shelter.
Crematorium.
Fabrication.
Large wind energy system.
Light manufacturing if related to commercial use or product provided within the HB district.
Multi-family dwellings.
Off premises signs over three hundred (300) square feet to a maximum of six hundred (600) square feet.
Self-service storage facility buildings with varying compartment sizes, fifty (50) to four hundred (400) square feet, for household and commercial storage.
Telecommunications towers.
Truck terminal.
Utility station. (Ord. 2408, 10-1-2012)

10-6B-4: ACCESSORY USES:

Accessory buildings/uses.
Residential dwelling if accessory to the commercial activity and the residence of the proprietor. (Ord. 2408, 10-1-2012)

10-6B-5: DENSITY, AREA AND HEIGHT REGULATIONS:

 
Highway
Oriented
Business
District HB
Minimum
Lot Area
Minimum
Lot Width
Minimum
Front Yard
Minimum
Rear Yard
Minimum
Side Yard
Minimum
Side Yard
Corner Lot
Maximum
Zoning Lot
Coverage1
Maximum
Height
6,000 sq. ft.
60'
30'
0'
0'
0'
0%
4 stories or 65'
 
Note:
   1.    Structures may cover all of the zoning lot, except for required yards and parking and loading spaces and applicable landscaping requirements set forth in this code.
   A.   Accessory Buildings:
      1.   An accessory building shall not be permitted in any required front yard and no separate accessory building shall be erected within three feet (3') of any principal building's line.
      2.   Accessory buildings shall be at least three feet (3') from zoning lot lines of adjoining lots, footage to be measured from the overhang building line.
      3.   On a corner lot they shall conform to the setback requirements on the side street, except in the case of an accessory structure door parallel to the alley, the minimum yard requirement setback shall not be less than sixteen feet (16'). (Ord. 2408, 10-1-2012)

10-6C-1: INTENT:

This district is intended to support a cohesive commercial center with a high priority on retail trade, personal service, institutional, governmental, and entertainment uses. Integrating new uses with existing businesses is encouraged. The historic district is with a portion of this district; therefore consideration of historic compatibility is encouraged. Outside storage is discouraged. (Ord. 2408, 10-1-2012)

10-6C-2: PERMITTED USES:

Alcohol sales (on- and off-sale).
Assembling and packaging.
Assembly hall.
Assisted living.
Auto parts sales.
Bakery.
Boarding house.
Bowling alley.
Brewpub (microbrewery).
Business services.
Childcare, preschool, nursery.
Coffeehouse.
Community center.
Convenience store.
Custom manufacturing (if in conjunction to a retail use).
Educational institutions.
Electric vehicle charging stations (restricted, public and rapid charging).
Financial institutions.
Funeral home and mortuary.
Grocery store.
Historic site.
Hospice residential care.
Hotel.
Laboratories research and support.
Locker/butcher.
Lodging house.
Open space.
Parking facilities.
Parks and playgrounds.
Personal health services.
Personal services.
Preschool, nursery school/childcare.
Printing plant.
Printing shop.
Private club.
Professional offices.
Public service facility.
Radio and television stations.
Recreation indoor facility.
Religious institutions.
Residential care.
Retail services and trade.
Roadside stand.
Service center, with the exception of small engine and motorized vehicle repair.
Shopping center.
Single-family or multi-family dwellings; only when constructed or occupied above the ground floor and within the same building as the other principal use or parcel.
Substance abuse facility.
Supportive living.
Telecommunication towers not exceeding one hundred fifteen feet (115') in height.
Theater.
Utility station. (Ord. 2408, 10-1-2012; amd. Ord. 2454, 11-4-2013; Ord. 2512, 4-6-2015)

10-6C-3: CONDITIONAL USES:

Animal hospital.
Automotive detailing shop.
Automotive repair.
Automotive sales.
Boarding school.
Car wash, self-service.
Fuel dispensing stations.
Fuel service stations.
Indoor crop production.
Light manufacturing of products to be sold at retail on the same premises. The retail space must be accessible from the street.
Outdoor sales.
Outside storage.
Self-service storage units.
Service centers for small engine or motorized engine repair.
Storage garage.
Student housing off campus.
Wholesale merchandising and wholesale trade and retail. (Ord. 2408, 10-1-2012; amd. Ord. 2512, 4-6-2015; Ord. O2022-17, 11-14-2022)

10-6C-4: ACCESSORY USES:

Accessory buildings/uses. (Ord. 2408, 10-1-2012)

10-6C-5: DENSITY, AREA, AND HEIGHT REGULATIONS:

 
Central Business District CB
Minimum Lot Area
Minimum Lot Width
Minimum Front Yard
Minimum Rear Yard
Minimum Side Yard
Minimum Side Yard Corner Lot
Maximum Zoning Lot Coverage1
Maximum Height
0 sq. ft.
0'
0'
0'
0'
0'
0%
80'
 
Note:
   1.    Structures may cover all of the zoning lot, except for required yards and parking and loading spaces and applicable landscaping requirements set forth in this code.
   A.   Accessory Buildings:
      1.   An accessory building shall not be permitted in any required front yard and no separate accessory building shall be erected within three feet (3') of any principal building's line.
      2.   Accessory buildings shall be at least three feet (3') from zoning lot lines of adjoining lots, footage to be measured from the overhang building line.
      3.   On a corner lot they shall conform to the setback requirements on the side street, except in the case of an accessory structure door parallel to the alley, the minimum yard requirement setback shall not be less than sixteen feet (16'). (Ord. 2408, 10-1-2012)