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Pelham City Zoning Code

ARTICLE V

- NONRESIDENTIAL DISTRICTS

Sec. 5.01.- General regulations.

5.01.01. Area and dimensional regulations. Except as provided in article III General Regulations, the area and dimensional regulations set forth in the table 5-1 must be observed.

5.01.02. Uses.

A.

In each district, only the uses specifically listed in table 5-2 as "permitted by right," "conditional use" or "special exception" are allowed. For conditional uses, refer to section 13.07, Conditional uses. For special exceptions, refer to section 12.05, Special exceptions.

B.

Special events may be permitted in nonresidential districts in accordance with section 7.34, Special events.

Table 5-1. Area and Dimensional Regulations; Nonresidential Districts.

Maximum Height of Structures Minimum Yards (feet) Minimum Lot Area Minimum Lot Width
Stories Feet Front Rear Side Square Feet Feet
O-I 4 60 25 1 1 2 50
B-1 3 42 25 1 1 2 None
B-2 6 75 25 1 1 2 None
B-3 6 75 40 1 1 2 None
B-4 1 3 15 3 40 1 1 2 None
M-1 4 8 100 40 5 1 1 2 None
M-2 4 None None 50 1 1 2 none
1  Buffers are required along side and rear lot lines which adjoin a use of lesser intensity. Refer to section 10.01, Buffers.
2  The size of the lot must be adequate to allow for the building and setbacks, required parking and loading, driveways, landscaping, refuse collection facilities, and buffers.
3  If the facility has climate-controlled storage units and the entrance to each storage unit is from the inside of the building, then a height of two stories or 30 feet is allowed.
4  When abutting a residential district, any structure over 35 feet in height must be set back from the dwelling district an additional distance of one foot for each foot of structure height above 35 feet. Structure height may not exceed 100 feet.
5  For approved industrial parks, the minimum front yard along internal streets is 25 feet.

 

5.01.03. Parking regulations. Off-street parking and loading spaces must be provided in accordance with article IX, Parking and Loading.

5.01.04. Landscaping, buffers and screening. Landscaping, buffers and screening must be provided in accordance with article X, Landscaping and Buffers.

5.01.05. Sign regulations. Any signage must be in accordance with article VIII, Signs.

5.01.06. Other regulations.

A.

No vehicles of any kind and no merchandise or materials of any kind associated with a business may be parked or stored within city, county, or state rights-of-way.

B.

Each structure must have a service yard, or yards, adequate for the handling of wastes and garbage and the loading and unloading of vehicles. Such service yard must be paved, have access to a public street or alley, be located to the side or rear of the structure and be screened in accordance with section 10.02, Screening.

C.

Required parking spaces, parking aisles, and pedestrian areas may not be used in ways other than the intended designed uses for those areas.

D.

Outdoor storage, including within movable containers and accessory structures, is not permitted forward of the front building line. However, for previously developed properties in the M-1 and M-2 districts, outdoor storage forward of the front building may be considered by the board in accordance with section 12.05, Special exceptions.

E.

In O-I, B-1, B-2, B-3 and B-4 districts:

1.

All garbage and refuse service areas must be to the rear or side of the principal building or complex it serves, screened in accordance with section 10.02, Screening, and covered if a sewer drain is present.

2.

No storage trailers or temporary storage containers are allowed for storage.

3.

All utilities must be underground in.

4.

No outside storage of any kind is allowed, with the exception of sales and rental of automobiles, trucks, utility trailers, recreational vehicles, and light equipment and farm implements normally stored outside, where such uses are permitted.

Sec. 5.02. - O-I office and institutional district.

5.02.01. Intent. The O-I office and institutional district is provided for the orderly arrangement of institutional, clerical, and administrative space.

5.02.02. Additional regulations.

A.

Buildings in excess of 5,000 square feet of floor space and used exclusively for office purposes, may allocate up to 15 percent of such space for commercial and service establishments such as snack bars, gift or specialty shops, quick copy services, and similar uses. Any type of restaurant must be appropriate to an office building environment and primarily intended for service to the office building tenants, visitors, or patients.

B.

Prohibited uses.

1.

Business offices for retail or wholesale trade.

2.

Manufacturing, storage, handling, conveying, sales or disposal of merchandise or products.

3.

Repair garages or storage yards for materials, vehicles or equipment, warehouses, buildings and other facilities having commercial or industrial characteristics.

4.

Buildings used or intended to be used as detention, correctional, or penal institutions.

Sec. 5.03. - B-1 neighborhood business district.

5.03.01. Intent. To establish and preserve areas for those commercial facilities which are especially useful in close proximity to residential areas, while minimizing the undesirable impact of such uses on the neighborhoods which they serve.

5.03.02. Additional regulations.

A.

No drive-up or walk-up window service or service to customers in their vehicles.

B.

Repair garages for materials, vehicles or equipment, warehouses, buildings and other facilities having industrial characteristics are not permitted.

Sec. 5.04. - B-2 general business district.

5.04.01. Intent. To establish and preserve a retail business district convenient to the public and attractive for a wide range of retail uses.

Sec. 5.05. - B-3 warehouse business district.

5.05.01. Intent. To establish and preserve a warehouse business district which provides retail activity in support thereof.

5.05.02. Additional regulations.

A.

Warehouses are permitted in connection with or accessory to permitted uses. No building may be used for a warehouse unless at least ten percent of the total floor area is occupied by a permitted use. All warehouse buildings must be enclosed structures.

B.

Uses may not create any objectionable noise, vibrations, smoke, dust, odor, heat, glare, or pollutants.

Sec. 5.06. - B-4 mini-warehouse district.

5.06.01. Intent. To establish and preserve a mini-warehouse district convenient to the citizens of Pelham, but not in close proximity to impact residential areas.

Sec. 5.07. - M-1 light industrial district.

5.07.01. Intent. To establish and preserve areas for industrial and selected commercial uses that are compatible with light industry.

5.07.02. Additional regulations (when applicable).

A.

Each business must be located in permanent building.

B.

Uses may not be detrimental to property or to the health and safety beyond the district by reason or the emission of odor, dust, gas, fumes, smoke, noise, vibration or waste material.

C.

Industrial parks must be in accordance with section 7.20, Industrial parks.

D.

The repair or servicing of major vehicle, farm implement, and trailers, with damaged or inoperative items must be screened in a separate paved lot with a bituminous or concrete surface, all in accordance with section 7.36, Vehicle repair, major.

E.

Access by way of a major thoroughfare adequate and suitable for the accommodations of truck traffic is required.

F.

All parking areas and all maneuvering areas must be properly prepared using bituminous or concrete paving.

Sec. 5.08. - M-2 heavy industrial district.

5.08.01. Intent. To establish and preserve areas for industrial uses that are compatible with heavy industry.

5.08.02. Additional regulations (when applicable).

A.

Uses may not be detrimental to property or to the health and safety beyond the district by reason or the emission of odor, dust, gas, fumes, smoke, noise, vibration or waste material.

B.

Industrial parks must be in accordance with section 7.20, Industrial parks.

C.

Access by way of a major thoroughfare adequate and suitable for the accommodations of truck traffic is required.

Table 5-2. Use Regulations; Nonresidential Districts.

P: The use is permitted by right.

C: The use requires conditional use approval, see section 13.07.

SE: The use requires special exception approval, see section 12.05.

A blank cell indicates the use is prohibited.

O-I B-1 B-2 B-3 B-4 M-1 M-2
Residential Uses
Caretaker dwelling, accessory to a permitted use P P P P P P P
Upper-story dwellings P P P P
Commercial Uses
Adult novelty store, subject to Sec. 7.04 C C
Alternative Financial Services, subject to Sec. 7.05 C
Bakery, Minor and catering P P
Bank or financial Services P P P P
Brewpub P P P P P
Building material sales P P P P P
Broadcast studio P P P P P
Business and professional offices P P P P P P P
Business support service P P P P P
Car wash, subject to Sec. 7.08 P P P
CBD/Vape Shops, subject to Sec. 7.09 C
Commercial school P P P
Commissary P P P P
Construction service, Major P P
Construction service, Minor P P P P
Crematorium P
Day care and Nighttime centers, subject to Sec. 7.12 P P P
Donation center, subject to Sec. 7.13 C
Extended stay facility, subject to Sec. 7.14 P P P
Farmers market P P P P P
Funeral home P P P P P
Garden Center or Nursery SE P P P P
Gas Station, subject to Sec. 7.15 P P P
Gold and silver object dealers, subject to Sec. 7.16 C
Heavy equipment sales, rental or repair P P
Hotel P P P
Industrial school P P
Kennel, Enclosed, subject to Sec. 7.28 P P P P
Kennel, Unenclosed, subject to Sec. 7.28 C C P
Laundromat P P P
Lounge P
Maintenance service (landscaping, janitorial, exterminator) P P P
Manufactured home, RV and boat sales P P
Massage therapy, subject to Sec. 7.23 P P P
Mini warehouse, subject to Sec. 7.24 P
Motel P P P
Moving and storage sales, service and truck rental P
Outdoor storage as a principal use C
Outdoor storage as an accessory use P P P P P
Personal service (barber, beauty, shoe repair, etc.) P P
Pet services, enclosed, subject to Sec. 7.28 P P P
Pet services, unenclosed, subject to Sec. 7.28 P
Repair service (electronics, mechanical, appliances) P P P
Restaurant, Fast food P P P
Restaurant, Standard P P
Restaurant, Take-out/delivery only P P P
Retail, General - Enclosed P P
Retail, Unenclosed, including flea markets P
Seasonal businesses, subject to Sec. 7.30 P P P P P
Shopping center, subject to Sec. 7.31 P P P
Studio (dancing, music, art) P P
Tattoo and Body Art Establishments, subject to Sec. 7.35 C
Vehicle and equipment sales or rental, Major, subject to Sec. 7.25 P P
Vehicle and equipment sales or rental, Minor, subject to Sec. 7.25 P P P P
Vehicle repair, Major, subject to Sec. 7.36 P P P
Vehicle repair, Minor, subject to Sec. 7.15 P P P P P
Vending facility, Freestanding P P P
Wholesaling SE SE SE P
Entertainment and Recreation Uses
Adult Entertainment, subject to Sec. 7.04 C C
Drive-in theatre C
Entertainment, Indoor (motion picture theatre) P P P P P
Entertainment, Outdoor P P P P P
Recreation, Indoor P P P P P
Recreation, Outdoor P P P P P
Recreational vehicle park and campgrounds, subject to Sec. 7.29 C
Institutional Uses and Utilities
Ambulance service P P P
Assisted living and nursing care facilities, subject to Sec. 7.27 P P P
Cemetery, accessory to place of worship P P P
Cemetery, freestanding C C C C
Communal living facility SE SE SE
Hospital, subject to Sec. 7.19 P P P
Institutional uses, not otherwise listed P P P
Place of assembly, nonprofit P P P
Public facility P P P P P P P
Public utility facility, Major C C C C C C C
Public utility facility, Minor P P P P P P P
Recycling center P P P
Rehabilitation facility P P P
Substance abuse or psychiatric facility, In-patient SE SE SE
Substance abuse treatment facility, Outpatient P
Telecommunication tower, subject to Ch. 5.5, communications, of this Code SE SE SE SE SE SE SE
Industrial and Transportation Uses
Bakery, Major P P
Bottling plant P P
Borrow pit C P
Bus terminal P P
Food processing and packaging P P
Grain and feed storage P P
Heating fuel storage and warehousing P P
Junkyard, subject to Sec. 7.21 C
Landfill C
Manufacture of building materials P
Manufacture or storage of explosives C
Manufacturing, Heavy C
Manufacturing, Light P P
Meat and poultry processing C
Printing and publishing plant P
Railroad facilities P P
Recycling plant SE SE
Research and testing laboratories P P P P P
Resource extraction C
Resource production, foundries C
Storage or disposal of hazardous chemicals or wastes C
Warehousing and Distribution, Enclosed P P
Warehousing and Distribution, Unenclosed P