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Powell City Zoning Code

CHAPTER 17

48.- B-N NEIGHBORHOOD BUSINESS ZONE

Sec. 17.48.010.- Purpose.

The B-N Neighborhood Business Zone is intended for small sites in or near residential neighborhoods. The zone encourages the provision of small scale retail and service uses for nearby residential areas. Some uses which are not retail or service in nature are also allowed so a variety of uses may locate in existing buildings. Uses are restricted in size to promote a local orientation and to limit adverse impacts on nearby residential areas. Development is intended to be pedestrian-oriented and compatible with the scale of surrounding residential areas. Parking areas are restricted, since their appearance is generally out of character with the surrounding residential development and the desired orientation of the uses.

(Code 1992, § 17.31.010)

Sec. 17.48.020. - Location.

A.

B-N zones may be adjacent to any existing residential zone.

B.

The B-N zone shall be restricted in location to fronting an arterial or collector street.

(Code 1992, § 17.31.020)

Sec. 17.48.030. - Permitted uses.

The following uses are permitted in the B-N Neighborhood Business Zone, provided they do not exceed 4,000 square feet in gross floor area and are conducted wholly within an entirely enclosed building. Permitted uses include, but are not limited to:

A.

Full-service neighborhood grocery which provides a full range of goods and services, including, but not limited to, fresh produce and fresh meat and butcher services;

B.

Postal office;

C.

Restaurant, cafe and/or delicatessen (not including drive-ins or drive-up windows);

D.

Flower shop;

E.

Personal service shop (such as a barber or hair salon);

F.

Day-care nursery;

G.

Garden supply shop (provided there is no outdoor storage of tools or equipment);

H.

Hardware store (provided there is no outdoor storage or display of materials);

I.

Bakery, retail;

J.

Liquor sales, only as permitted by a restaurant liquor license and only in conjunction with a full-service neighborhood grocery or a family restaurant offering a wide range of menu choices and sit-down service with on-premises consumption. Any restaurant that serves alcoholic beverages shall be subject to but not limited to the following constraints:

1.

No gaming such as pool tables, cards, darts or similar activities;

2.

All customer areas must be open to all ages;

The intent of this subsection is to provide for family restaurants that may serve alcohol supplemental to meals, and prohibit any tavern, bar or sports-bar-like atmosphere;

K.

Limited banking services (provided there is no drive-up window).

(Code 1992, § 17.31.030)

Sec. 17.48.040. - Conditional uses.

In a B-N zone, the following uses are permitted only with conditional use permit approval:

A.

Dwelling units, attached or detached to the principal permitted use, only when not located on the ground floor along the street front and only when used as a residence for the caretaker or resident owner of a permitted use. The ground floor front of the structure shall be reserved for commercial or office uses;

B.

Professional offices;

C.

Permitted uses specified in B-N that exceed 4,000 square feet in gross floor area;

D.

Coffee stands with drive-up windows;

E.

The following uses when not conducted wholly within an entirely enclosed building:

1.

Flower sales;

2.

Day-care recreation areas;

3.

Outdoor seating at a restaurant, cafe, or delicatessen;

4.

Produce stalls;

F.

New structures;

G.

Remodel that results in more than a ten percent increase in the square footage of the existing structure;

H.

Gas stations.

(Code 1992, § 17.31.040)

Sec. 17.48.050. - Dimensional standards and parking.

It is the intent of the B-N zone to encourage structures to maintain a continuous store front along the street frontage, to provide adequate area for pedestrians and development of pedestrian-related activities, such as sidewalk cafes, and to provide adequate buffer to adjacent residential zones and uses. The required standards are as follows:

A.

Minimum setbacks:

1.

Front yard: ten feet, any variation of which shall be approved during design review;

2.

Side yard: none required except that on BN lots adjacent to residential uses or residential zoned properties an additional side yard shall be required during design review to provide ample buffer between commercial and residential uses;

3.

Rear yard: 30 feet, except that on BN lots adjacent to residential uses or residential zoned properties, additional rear yard shall be required during design review to provide ample buffer between commercial and residential uses.

B.

Minimum lot size: The minimum lot size for any development within a B-N zone shall be not less than 21,000 square feet.

C.

Maximum size: The maximum size of any single neighborhood business use shall not exceed 4,000 square feet in gross floor area unless conditional use permit approval is granted by the city. Multiple use development is strongly encouraged. Several uses may be combined in a single structure provided the other requirements of this section are met.

D.

Maximum height: 30 feet.

E.

Parking requirements: Conditionally approved residential uses shall provide two on-site parking spaces for each dwelling unit.

(Code 1992, § 17.31.050)

Sec. 17.48.060. - Conditional use procedure and criteria.

A.

The procedures for processing a conditional use permit shall apply and govern the issuance of a conditional use permit required under this chapter.

B.

The following criteria shall apply and govern the issuance of a conditional use permit under this chapter:

1.

The proposed development will not be materially detrimental to the surrounding properties or to the community as a whole;

2.

The proposed development is consistent with the city's comprehensive plan and all other applicable regulations of the city;

3.

The proposed development will be compatible with nearby residential uses;

4.

The proposed development is consistent with the public health, safety and welfare;

5.

There are adequate and legally binding regulations, conditions and control on all aspects of the proposed development that may impact surrounding properties and the community. Specifically, the proposed development shall be reviewed and conditioned if necessary for the following:

a.

Vehicle access shall be located and designed to utilize existing arterial streets, maintain continuous store fronts, minimize impacts to residential streets and properties, avoid safety hazards associated with sight distance and proximity to intersections, and minimize the number of access points while providing efficient and safe circulation for pedestrians and customers, delivery and emergency vehicles. Access points shared by adjacent commercial developments shall be utilized where possible;

b.

Traffic shall be analyzed to consider its impact on local residential streets and intersections. A traffic analysis may be required;

c.

Parking shall be shielded from view from adjacent property and streets through landscaping of sufficient capacity; and lighting shall be fixtures with the light source shielded from view;

d.

Loading facilities shall be provided at the rear of the building and shall be shielded from view;

e.

All operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of lighting, glare, noise, steam, odor, fumes, gases, smoke, vibration or electrical interference;

f.

Ample landscaped buffer shall be provided between commercial and residential uses and zones as deemed necessary to maintain privacy for the residential uses and protect the residences against light, noise, visual, odor and other impacts; and

g.

The architectural design of the development proposal shall be compatible with the low-scale, semi-rural residential character of the city, including facade material selection, window treatment, roof design, outdoor lighting fixtures, and other architectural detailing.

(Code 1992, § 17.31.060; Ord. No. 6-2015, 2015)