Pemberton City Zoning Code
ARTICLE V
Commercial and Public Districts
§ 210-16 Permitted and prohibited uses.
Commercial districts shall consist of two classes, Commercial and Highway Commercial, and in each class land may be used and buildings or structures may be erected, altered or used only for the following uses indicated for that class.
A.
In the Commercial District the following uses are permitted:
(1)
All those uses permitted in residential districts subject to all the provisions of this chapter, including § 210-7, governing such uses.
(2)
Stores, shops, business offices and all other buildings, structures and uses for the conduct of retail trade or general business, except those prohibited by § 210-22, and the following, which are specifically prohibited:
(a)
Any process of manufacture, assembly or treatment which is not clearly incidental to a retail business conducted on the premises, or which normally constitutes a nuisance by reason of noise, odor, dust or smoke or which constitutes an unusual fire hazard.
(b)
Slaughtering poultry and animals, rendering lard and other fats, meat smoking and the cooking of animal foods, whether or not the same is incidental to a retail business.
(c)
Laundries and dyeing and cleaning works.
(d)
The bulk storage of explosives and the storage of crude oil or any of its volatile products or other flammable liquids in aboveground tanks with unit capacity greater than 550 gallons.
(e)
Service stations, public garages, commercial warehouses, contractors' storage yards, junkyards, used auto lots, automobile wrecking yards, the storing, baling or treatment of junk and the storage of secondhand lumber.
(f)
Motels, hotels, trailers, tents, row houses and double houses.
(g)
Livery or boarding stables, training or boarding kennels.
(h)
Roller-skating rinks, bowling alleys, miniature golf courses and open-air theaters.
(i)
The dismantling or storage of wrecked, disabled or dismantled automobiles or airplanes or used parts thereof.
(j)
Sand and/or gravel pits.
(k)
All buildings, structures and uses prohibited in the industrial districts.
(l)
Stores or business establishments which have as one of the primary objects for sale human paraphernalia simulating male or female genitalia.
[Added 9-20-1982 by Ord. No. 3-1982]
(m)
Stores or business establishments which provide coin-operated machines in closed booths or stalls for the purpose of enabling the customer or patron to view movies, the main theme of which depicts sexual activity such as acts of human sexual intercourse, acts of fellatio or acts of cunnilingus.
[Added 9-20-1982 by Ord. No. 3-1982]
(n)
Stores or business establishments which provide coin-operated machines or admission fees, thereby enabling the customer or patron to view a live performance of a view of a human or humans engaging in or simulating sexual intercourse, engaging in or simulating acts of fellatio or engaging in or simulating acts of cunnilingus.
[Added 9-20-1982 by Ord. No. 3-1982]
(o)
Stores or business establishments, the majority of whose products being offered for sale or lease, consist of books, magazines or motion pictures wherein 25% of the contents of such books, magazines or motion pictures depict photographs of exposed human genitalia.
[Added 9-20-1982 by Ord. No. 3-1982]
(p)
Stores or business establishments wherein massages or body rubs are given or offered to members of the general public, except those in a hospital or licensed physician's office or those given by a licensed physician or physical therapist.
[Added 9-20-1982 by Ord. No. 3-1982]
(q)
Stores or business establishments in which are located five or more coin-operated amusement machines or devices. An amusement machine or device for the purposes herein are those commonly known as "pinball" or any other game of skill, specifically including video arcade games.
[Added 9-20-1982 by Ord. No. 3-1982]
(3)
House of worship.
[Added 2-23-2015 by Ord. No. 2015-1]
(4)
Private school.
[Added 2-23-2015 by Ord. No. 2015-1; amended 2-23-2015 by Ord. No. 2015-2]
B.
In the Highway Commercial District, the following uses are permitted:
C.
In the Public District, the following uses are permitted:
[Added 2-23-2015 by Ord. No. 2015-1]
§ 210-16.1 Permitted and prohibited uses in Public District.
[Added 2-23-2015 by Ord. No. 2015-2]
A.
In the Public District the following uses are permitted: public library; public park; public playground or other recreational area not conducted for profit; house of worship; community center and similar public recreation and civic use and entertainment centers, and public and private schools.
§ 210-17 Area, yard and bulk requirements.
A.
In the Commercial District, the following provisions shall apply:
(2)
No building or other structure other than a dwelling shall be erected on any lot with an area less than 7,500 square feet and a width of 75 feet measured at the street line.
(3)
No building or structure shall be erected less than 30 feet from the front property line of a new lot.
(4)
Sufficient off-street driveway and parking space shall be provided for each business use lot so that customers and employees can park their cars at least 10 feet inside the curbline.
(5)
On a corner lot all buildings must conform to the building lines on both streets.
B.
In the Highway Commercial Districts, the following provisions shall apply:
(2)
No building or other structure other than a dwelling shall be erected on any lot with an area less than 40,000 square feet and a width of less than 150 feet measured at the street line.
(3)
No structural or accessory building shall be erected less than 50 feet from the front property line of any lot.
(4)
Sufficient off-street driveway and parking space shall be provided for each business use lot so that customers and employees can park their cars at least 10 feet inside the curbline.
(5)
On a corner lot all buildings must conform to the building lines on both streets.
C.
House of worship, community center, and public and private schools. In the Commercial and Public District, the following standards apply:
[Added 2-23-2015 by Ord. No. 2015-1]
(1)
Minimum lot size: two acres.
(2)
Front yard setback: 40 feet.
(3)
Side yard setback: 75 feet.
(4)
Rear yard setback: 75 feet.
(5)
Maximum impervious coverage: 60%.
(6)
Maximum height: 40 feet. [NOTE: Steeple, spire, belfry, etc., height may be greater than 40 feet but shall not exceed a maximum height of 75 feet.]
(7)
Parking (off street): One space per three seats. [NOTE: One seat is equivalent to 22 inches of seating.]
(a)
The parking standard of one space per three seats is identified as an off-street parking standard. The actual off-street parking requirement shall be determined by documentation and testimony provided by the applicant, based upon the range of all attendance at uses and functions conducted at the facility.
(8)
Minimum side and rear yard perimeter buffer: 30 feet. [NOTE: Perimeter buffer shall be densely landscaped with an even mix of deciduous and evergreen trees and an even mix of evergreen and flowering shrubs. Deciduous trees shall be not less than two-and-one-half-inch caliper at the time of planting; evergreen trees shall be not less than eight to 10 feet in height at the time of planting; and shrubs shall be not less than four feet in height at the time of planting.]
(9)
Signs shall be externally illuminated from the ground. No internally illuminated signs permitted.
§ 210-17.1 Area, yard and bulk requirements in Public District.
[Added 2-23-2015 by Ord. No. 2015-2]
A.
In the Public District, the following provisions shall apply:
(1)
Minimum lot size: two acres.
(2)
Front yard setback: 40 feet.
(3)
Side yard setback: 75 feet.
(4)
Rear yard setback: 75 feet.
(5)
Maximum impervious coverage: 60%.
(6)
Maximum height: 40 feet. [NOTE: Steeple, spire, belfry, etc., height may be greater than 40 feet but shall not exceed a maximum height of 75 feet.]
(7)
Parking (off street): one space per three seats. [NOTE: One seat is equivalent to 22 inches of seating.]
(a)
The parking standard of one space per three seats is identified as an off-street parking guideline. The actual off-street parking requirement shall be determined by documentation and testimony provided by the applicant, based upon the full range of uses for all functions and attendance programmed for the facility.
(8)
Minimum side and rear yard perimeter buffer: 30 feet. [NOTE: Perimeter buffer shall be densely landscaped with an even mix of deciduous and evergreen trees and an even mix of evergreen and flowering shrubs. Deciduous trees shall be not less than two-and-one-half-inch caliper at the time of planting; evergreen trees shall be not less than eight to 10 feet in height at the time of planting; and shrubs shall be not less than four feet in height at the time of planting.]
(9)
Signs shall be externally illuminated from the ground. No internally illuminated signs permitted.