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Morris City Zoning Code

ARTICLE XV

- B2 CENTRAL SHOPPING DISTRICT

Sec. 48-1026. - Purpose.

The B2 Central Shopping District regulations are designed to accommodate prime retail trade activities of city-wide and regional significance, located primarily within the core of the city downtown area. Regulations provide for a wide variety of related shopper type business establishments along with personal service and other complementary uses, characteristic of major shopping centers.

(Code 2012, § 17.39.010; Ord. of 9-28-1966, § 8(D)(part))

Sec. 48-1027. - Permitted uses.

(a)

Permitted uses in the B2 Central Shopping District are:

(1)

Any of the permitted uses in the B1 district;

(2)

Art galleries;

(3)

Bicycle sales and/or repair;

(4)

Blueprinting and document reproduction shops;

(5)

Book and stationery stores;

(6)

Butcher shops;

(7)

Catering establishments;

(8)

China and glassware stores;

(9)

Cigar, cigarette and tobacco stores;

(10)

Clothing and costume rental shops;

(11)

Cocktail lounges, bars and/or nightclubs, taverns;

(12)

Coin, philatelic, stamp and numismatic stores;

(13)

Currency exchanges;

(14)

Department stores;

(15)

Drive-through facilities;

(16)

Dry goods stores;

(17)

Fraternal, philanthropic, and eleemosynary institutions when located above the ground floor;

(18)

Floor covering, linoleum and tile stores;

(19)

Frozen food stores, including locker rental in conjunction therewith;

(20)

Furrier shops, including the incidental storage and conditioning of furs;

(21)

Gun shops;

(22)

Health clubs and personal training centers;

(23)

Home improvement stores;

(24)

Hotels, including dining and meeting rooms;

(25)

Internet cafes;

(26)

Laboratories, medical, dental or optical, when located above the first story or as accessory to a principal use occupying the first story;

(27)

Libraries, public or private;

(28)

Mail order service stores;

(29)

Microbrewery;

(30)

Motor vehicle parts and supply stores;

(31)

Office supply stores;

(32)

Pet stores;

(33)

Picture framing;

(34)

Police stations;

(35)

Post offices;

(36)

Radio and television broadcasting studios;

(37)

Residential structures existing on the effective date of the ordinance codified in this chapter;

(38)

Secondhand stores and rummage shops;

(39)

Sign stores;

(40)

Tanning salons;

(41)

Telegraph offices;

(42)

Tobacco shops;

(43)

Travel and ticket agencies;

(44)

Vending machines when located within an enclosed building.

(b)

Accessory uses customarily incidental to the above-permitted uses, including, but not limited to, the following:

(1)

Off-street parking;

(2)

Off-street loading;

(3)

Awnings and marquees, as regulated in section 48-1032;

(4)

Business signs, affixed against a building wall and not extending therefrom more than 12 inches, as regulated in section 48-1032;

(5)

Business signs, ground, one ground sign facing each street which identifies the name and address of the use occupying the lot and a bulletin area for advertising special features; provided the ground sign shall not project higher than 30 feet above the grade below it, shall not have a gross surface area of more than 100 square feet which is subtracted from the gross surface area permitted in section 48-1032(b), shall not be located within six feet of a driveway; and provided, further, that its location and lowest level shall be as approved by the planning commission as regulated in section 48-1032.

(Code 2012, § 17.39.020; Ord. of 9-28-1966, § 8(D)(1); Ord. No. 3976, § 17, 7-1-2013)

Sec. 48-1028. - Conditionally permitted uses.

(a)

Conditionally permitted uses in the B2 district are:

(1)

Other uses similar to permitted uses in this district;

(2)

Any of the conditionally permitted uses in the B1 district;

(3)

Bait shops;

(4)

Billiards and pool halls;

(5)

Churches, temples and synagogues;

(6)

Clubs or lodges, private, fraternal, or religious when located above the first floor;

(7)

Convents, monasteries, rectories or parsonages, as accessory to churches, temples and synagogues;

(8)

Dwelling units when located above the ground floor;

(9)

Garages, storage, or off-street parking lots or structures, commercial or municipal;

(10)

Meeting halls when located above the ground floor;

(11)

Newspaper offices and printing and publishing;

(12)

Restaurants, including live entertainment and dancing;

(13)

Restricted production and repair, limited to the following: needlework; clothing, such as custom manufacturing and alterations; jewelry from precious metals; watches; dentures; and optical lenses, when located above the ground floor;

(14)

Schools, commercial or trade, including those teaching music, dancing, business, commercial, or technical subjects when operations do not involve danger of fire and explosion, and objectionable noise, vibration, smoke, dust, odor, glare, heat, or other similar influences;

(15)

Business signs affixed against a building wall and extending therefrom more than 12 inches, provided such signs shall not extend more than 48 inches beyond the building wall, shall not be illuminated and shall have their lowest level not less than eight feet above the grade below it and their highest elevation not more than 12 feet above the grade below it;

(16)

Fire stations;

(17)

Funeral homes and parlors;

(18)

Massage therapist offices;

(19)

Meat markets;

(20)

Pawnshops;

(21)

Motion picture and drama theatres;

(22)

Residential hotels/motels;

(23)

Telephone exchange, relay, switching and transmitting facilities;

(24)

Utility substations;

(25)

Assisted living facilities;

(26)

Microblading.

(b)

Accessory uses customarily incidental to the above conditionally permitted uses, including, but not limited to, the following:

(1)

Off-street parking;

(2)

Off-street loading;

(3)

Drive-in facilities;

(4)

Awnings and marquees as regulated in section 48-1032.

(Code 2012, § 17.39.030; Ord. of 9-28-1966, § 8(D)(2); Ord. No. 2247, 1-26-1976; Ord. No. 2572, 7-26-1982; Ord. No. 3976, § 15, 7-1-2013; Ord. No. 4613, § 6, 2-5-2024)

Sec. 48-1029. - Building height.

There are no height limitations in the B2 district.

(Code 2012, § 17.39.040; Ord. of 9-28-1966, § 8(D)(3))

Sec. 48-1030. - Floor area ratio.

Floor area ratio in the B2 district shall not exceed 2½, except where public open areas as described in section 48-1031 are provided on the lot in excess of ten percent of the area of the lot, the floor area ratio may be increased by 0.5 for each additional five percent of the lot reserved as public open area.

(Code 2012, § 17.39.050; Ord. of 9-28-1966, § 8(D)(4))

Sec. 48-1031. - Yards and other open areas.

Yards and other open area requirements shall be:

(1)

Front: No yard requirements.

(2)

Side: No yard requirements, except if a yard is provided, it shall not be less than five feet in width.

(3)

Rear: No yard requirements, except where the rear lot line adjoins a residence district, a rear yard not less than 25 feet in depth shall be provided and be maintained as landscaped area.

(4)

Open areas: An area equivalent to ten percent of the area of the lot shall be maintained as public open area. Such open area shall:

a.

Have frontage on all or a part of a lot line adjoining a street, but not less than ten feet along such frontage;

b.

Be unobstructed from the ground to the sky, except an open area having a depth of not greaten than 25 feet in back of the lot line adjoining a street may be unobstructed from the ground to not less than the height of the floor of the second story of the building;

c.

Be paved for pedestrian use or landscaped.

(Code 2012, § 17.39.060; Ord. of 9-28-1966, § 8(D)(5))

Sec. 48-1032. - Awnings, marquees and signs.

Awnings, marquees and nonflashing illuminated business signs with no moving parts are permitted subject to applicable regulations set forth in other ordinances of the city and the following:

(1)

A sign in direct line of vision of any traffic signal shall not have red, green or amber illumination.

(2)

The gross surface area in square feet of all signs on a lot shall be not more than three times the number of linear feet in the length of the building wall facing the front lot line. On a corner or through lot, each lot line adjoining a street shall be considered a separate front lot line.

(3)

In a planned development, one ground sign facing each street which identifies the name and address of the shopping center and a bulletin area for advertising special features therein may be erected in addition to the signs affixed to the building walls. Such ground sign shall be not less than ten feet from any lot line and have a gross surface area of not more than 160 square feet which may be in addition to the maximum gross surface area as permitted in subsection (2) of this section.

(4)

A sign affixed flat against a building and not extending therefrom more than 12 inches shall not project higher than five feet above building height.

(5)

Signs may have a constant illumination, provided direct rays of light shall not beam upon an existing dwelling, nor into a residence district, or into a street. No rotating beam or beacon resembling an emergency light shall be used.

(6)

A sign whereon the tine and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature and are not more frequent than every ten seconds.

(7)

Fraternal, philanthropic, religious, and eleemosynary institutions may replace an existing sign, provided, the new sign shall be the same size as the sign it is replacing.

(8)

Awnings and marquees shall have a head room of not less than eight feet. A business sign may be painted on any awning but shall not be a part of a marquee.

(Code 2012, § 17.39.070; Ord. of 9-28-1966, § 8(D)(6))