Strafford City Zoning Code
ARTICLE XIII
Commercial and Manufacturing Zoning Regulations
Section 400.540 "NC" Neighborhood Commercial District.
[Ord. No. 659 §1, 5-2-2011; Ord. No. 769 §1, 6-20-2016; Ord. No. 1024, 1-2-2024]
A.
Statement Of Intent. This district is intended to provide for individual or small groups of retail and customer service establishments benefiting local residential neighborhoods. It is intended that "NC" Districts be connected to public water and sewer service and be located along collectors or higher classification streets. Uses should be limited to those which do not generate substantially increased traffic in the neighborhood.
C.
Conditional Uses Requiring Board Of Aldermen Approval.
1.
See Section 400.563, Table A, and Section 400.564(C).
2.
See Section 400.564(B) for requirements and limitations regarding conditional use permits.
F.
Use Limitations.
1.
All activities and permitted uses except off-street parking and loading facilities, and those permitted with conditional use permits shall be conducted entirely within a completely enclosed building.
2.
No non-residential permitted use shall have a gross floor area greater than seven thousand five hundred (7,500) square feet.
3.
Except for accessory residential dwelling units within a mixed-use building, no accessory use shall have a gross floor area (excluding garage) exceeding four thousand (4,000) square feet.
4.
No use shall be allowed unless connected to public water and sewer.
G.
Bulk And Intensity Of Use Restrictions.
Area | Setback | ||||
|---|---|---|---|---|---|
Lot Area | Height | Lot Frontage | Front Yard From Property Line | Side Yard From Property Line | Rear Yard From Property Line |
No minimum | 2½ story | 70 feet | 35 feet | None, except where adjoining "R" District, then 15 feet each side | 10 feet |
1.
Maximum structural coverage of lot (including accessory buildings), fifty percent (50%).
H.
Open Space Requirements.
1.
Minimum Open Space. Not less than thirty percent (30%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by structures, parking areas, driveways and internal streets.
2.
Maximum Impervious Surface. The combined area occupied by all permitted and accessory structures, paved parking areas and any other surfaces which reduce and prevent absorption shall not exceed seventy percent (70%) of the total area.
I.
Exception to Setback Requirements.
1.
The area within the City limits of Strafford bordered by Missouri Highway 125, Old Route 66 and Interstate Highway 44 are hereby declared an overlay zone where the minimum front yard is twenty-five (25) feet, where Highway Commercial District exists or upon future rezoning to Highway Commercial District.
J.
Design Requirements.
1.
A site plan showing the overall concept of the proposed use must be submitted and approved by the City Administrator. See Appendix A.
2.
A landscape plan meeting all requirements in effect in the Zoning Regulations at the time of applications for permits shall be included with the site plan.
3.
All structures in the "NC" Zoning District shall be constructed in a complementary nature of the most restrictive residential zoning district abutting the property. All materials, surface textures and colors should be compatible with the residential district it is intended to complement. If no residential development abuts the property, materials and colors shall be similar to the closest residential development to the proposed site. The following criteria will be considered in determining compatibility.
4.
Trash and/or recycling receptacle areas shall be landscaped and screened in accordance to landscape plans.
5.
Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment, including that which may be roof-mounted, shall be screened from public view.
Section 400.545 "GC" General Commercial District.
[Ord. No. 659 §1, 5-2-2011; Ord. No. 701 §1, 10-15-2012; Ord. No. 1024, 1-2-2024]
A.
Statement Of Intent. This district is intended to provide for the orderly and attractive grouping at appropriate locations of commercial activities of a more general retail and wholesale nature, and service facilities serving a larger community trade area. All uses in the "GC" General Commercial District shall be connected to public water and sewer services.
C.
Conditional Uses Requiring Board Of Aldermen Approval.
1.
See Section 400.563, Table A, and Section 400.564(C).
2.
See Section 400.564(B) for requirements and limitations regarding conditional use permits.
G.
Bulk And Intensity Of Use Restrictions.
Area | Setback (from Property Line) | |||||
|---|---|---|---|---|---|---|
Lot Area | Lot Width | Building Maximum Height (Principal/Accessory) | Structural Lot Coverage (including Accessory Buildings) | Front Yard | Side Yard | Rear Yard |
No minimum | No minimum | 45 feet/25 feet | 45% maximum | 50 feet | None, unless adjacent to a more restrictive district, then 25 feet on the side(s) adjacent to the more restrictive district. | 10 feet, unless adjacent to a more restrictive district, then 25 feet. |
H.
Open Space Requirements.
1.
Minimum Open Space. Not less than thirty percent (30%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by structures, parking areas, driveways and internal streets.
2.
Maximum Impervious Surface. The combined area occupied by all permitted and accessory structures, paved parking area and any other surfaces which reduce and prevent absorption shall not exceed seventy percent (70%) of the total area.
I.
Exception To Setback And Open Space Requirements. See Section 400.564(D).
J.
Design Requirements.
1.
A site plan, showing the overall concept of the proposed use must be submitted and approved by the City Administrator. See Appendix A.
2.
A landscape plan meeting all requirements in effect in the Zoning Regulations at the time of application for permits shall be included with the site plan.
3.
Trash and/or recycling receptacle areas shall be landscaped and screened in accordance to landscape plans.
4.
Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment, including that which may be roof-mounted, shall be screened from public view.
Section 400.550 "HC" Highway Commercial District.
[Ord. No. 659 §1, 5-2-2011; Ord. No. 769 §1, 6-20-2016; Ord. No. 1024, 1-2-2024]
A.
Statement Of Intent. The Highway Commercial ("HC") District is designed to accommodate commercial activities that draw business primarily from and provide services primarily to Interstate Highway 44 and Missouri State Highway 125 and OO corridors.
C.
Conditional Uses Requiring Board of Aldermen Approval.
1.
See Section 400.563, Table A, and Section 400.564(C).
2.
See Section 400.564(B) for requirements and limitations regarding conditional use permits.
G.
Bulk And Intensity Of Use Restrictions.
Area | Setback (from Property Line | |||||
|---|---|---|---|---|---|---|
Lot Area | Lot Width | Building Maximum Height (Principal/Accessory) | Structural Lot Coverage (including Accessory Buildings) | Front Yard | Side Yard | Rear Yard |
No minimum | No minimum | 45 feet/25 feet | 45% maximum | 50 feet | None, unless adjacent to a more restrictive district, then 25 feet on the side(s) adjacent to the more restrictive district. | 10 feet, unless adjacent to a more restrictive district, then 25 feet. |
H.
Open Space Requirements.
1.
Minimum Open Space. Not less than thirty percent (30%) of the total lot area shall be devoted to open space including required yards and bufferyards. Open space shall not include areas covered by structures, parking areas, driveways and internal streets.
2.
Maximum Impervious Surface. The combined area occupied by all permitted and accessory structures, paved parking area and any other surfaces which reduce and prevent absorption shall not exceed seventy percent (70%) of the total area.
I.
Exception To Setback Requirements.
1.
The area within the City limits of Strafford bordered by Missouri Highway 125, Old Route 66 and Interstate Highway 44 are hereby declared an overlay zone where the minimum front yard is twenty-five (25) feet, where Highway Commercial District Exists or upon future rezoning to Highway Commercial District.
J.
Design Standards.
1.
A site plan showing the overall concept of the proposed use must be submitted and approved by the City Administrator. See Appendix A.
2.
A landscape plan meeting all requirements in effect in the Zoning Regulations at the time of application for permits shall be included with the site plan.
3.
Trash and/or recycling receptacle areas shall be landscaped and screened in accordance to landscape plans.
4.
Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment, including that which may be roof-mounted, shall be screened from public view.
Section 400.555 "M-1" Light Manufacturing or Industrial District.
[Ord. No. 659 §1, 5-2-2011; Ord. No. 893, 11-2-2020]
A.
Statement of Intent. The "M-1" District is designed to accommodate those industrial establishments which are either free of objectionable influences in their operation and appearance or which can readily obviate or control any objectionable features which may otherwise result from the manufacturing processes by installation of appropriate abatement devices.
D.
Accessory Uses. Any uses and structures customarily accessory and incidental to a principal permitted use, except for uses not otherwise permitted in an "M-1" District.
E.
Conditional Uses Requiring Board of Aldermen Authorization. When authorized by the Board of Aldermen, subject to Article XIII, any use permitted in the "M-2" District as a principal use when necessary and incidental to a use permitted in an "M-1" District, subject to such conditions and requirements as may, in the opinion of the Board, be necessary to protect adjacent property and prevent conditions of which may become objectionable or offensive.
G.
Prohibited Uses.
1.
Any use in Section 400.563, Table A, which is first only permitted in the "M-2" District, except as provided in Section 400.555(E), Conditional Uses Requiring Board of Aldermen Authorization.
2.
No use shall be permitted or authorized to be established or maintained which, when conducted in compliance with the provisions of the regulations and any additional conditions or requirements prescribed by the Board, is or may become hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or waste.
3.
Dwelling and residence of any kind, including motels or trailer parks and schools, hospitals, clinics and other institutions for human care, except where incidental to a permitted principal use; provided, however, that any of the aforesaid uses legally existing in the "M-1" District at the time of adoption of the regulations, or any amendment thereto, shall not be classified as a non-conforming use as defined in Article IX.
4.
Any use which produces more than one thousand five hundred (1,500) gallons of wastewater per day without being connected to a public sewer system.
H.
Area Requirements.
Lot (No Minimum) | Lot Front | Front Depth | Side Width (One Side/Both Sides) | Rear Depth |
|---|---|---|---|---|
Non-residential (not served by public sewer) | 100 feet | 35 feet | None, except where adjoining "R" District. If adjoining "R" District, see Section 400.563. | 35 feet |
Non-residential (served by public sewer) | 50 feet | 35 feet | None, except where adjoining "R" District. If adjoining "R" District, see Section 400.563. | 35 feet |
Lot Coverage: A building, structure, or use allowed in the "M-1" District may occupy all that portion of a lot except for the area(s) required for buffers, landscaping, setbacks, off-street parking, off-street loading and unloading, fire lanes, easements, and/or access roads. |
Section 400.560 "M-2" General Manufacturing or Industrial District.
[Ord. No. 659 §1, 5-2-2011; Ord. No. 893, 11-2-2020]
A.
Statement of Intent. "M-2" District uses tend to be basic or primary manufacturing or industrial industries which often produce vibration, smoke, noise, odor, glare, dust and other effects that travel off-site, necessitating the need for greater setback and yard requirements, especially when adjacent to residential areas.
D.
Accessory Uses.
1.
Accessory uses and structures permitted and as regulated in the "M-1" District except as hereinafter modified.
2.
Other uses and structures customarily accessory and incidental to a permitted principal use, except of a type, which is permitted only subject to Board authorization.
3.
Any other use when an incidental and necessary accessory use to a permitted principal use, when authorized by the Board subject to such conditions and requirements as may, in the opinion of the Board, be necessary to protect adjacent property and prevent conditions which may become noxious or offensive.
E.
Required Conditions.
1.
The requirement that certain business, services, outdoor storage, or processing activities be conducted within a completely enclosed building, with a required screen or fence, with additional setback distances, or any combination thereof in the "M-2" District, shall be subject to the applicable limitations set forth in Article XIII, Section 400.563, Subsections (A)(1) through (4) and/or Subsection (B), Table A.
F.
Prohibited Uses.
1.
Dwellings and residences of any kind, including motels and trailer parks and schools, hospitals, clinics and other institutions for human care, except where incidental to a permitted principal use (such as a night watchman); provided, however, that any of the aforesaid uses legally existing in the "M-2" District at the time of adoption of the regulations, or any amendment thereto, shall not be classified as a non-conforming use as defined in Article IX.
2.
No use shall be permitted or authorized to be established or maintained which, when conducted in compliance with the provisions of the regulations and any additional conditions or requirements prescribed by the Board, is or may become hazardous, noxious or offensive due to the emission of odor, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste.
3.
Any use which produces more than one thousand five hundred (1,500) gallons of wastewater per day without being connected to a public sewer system.
G.
Area Requirements.
Lot (No Minimum Size) | Lot Front | Front Depth | Side Width (One Side/Both Sides) | Rear Depth |
|---|---|---|---|---|
Non-residential (not served by public sewer) | 100 feet | 50 feet | None, except where adjoining "R" District. If adjoining "R" District, see Section 400.563(A)(4) | 50 feet except where joining "R" District, then 300 feet |
Non-residential (served by public sewer) | 50 feet | 50 feet | None, except where adjoining "R" District. If adjoining "R" District, see Section 400.563(A)(4) | 50 feet except where joining "R" District, then 300 feet |
Lot Coverage: A building, structure, or use allowed in the "M-2" District may occupy all that portion of a lot except for the area(s) required for buffers, landscaping, setbacks, off-street parking, off-street loading and unloading, fire lanes, drive aisles, easements, and/or access roads. |
Section 400.563 Permitted, Accessory, And Temporary Use Tables.
[Ord. No. 1024, 1-2-2024; Ord. No. 1032, 3-4-2024; Ord. No. 1042, 7-1-2024; Ord. No. 1047, 8-5-2024]
A.
Purpose.
1.
The Permitted and Conditional Use Table of this Section (Table A) provides a tabular summary of the permitted and conditional land use types allowed within the Neighborhood Commercial "NC," General Commercial "GC," Highway Commercial "HC," Light Manufacturing or Industrial District "M-1," and General Manufacturing or Industrial District "M-2" Zoning Districts.
2.
The Accessory Use Table of this Section (Table B) provides a tabular summary of the accessory land use types allowed within these same districts.
3.
The Temporary Use Table of this Section (Table C) provides a tabular summary of the temporary land use types allowed within these same districts.
4.
In the event of a conflict between the use regulations of this Section and those found in the text of the zoning district regulations, the text of the zoning district regulations shall prevail.
B.
Table Use Classifications.
1.
Principal, Conditional, Accessory And Temporary Uses. For all principal, conditional, accessory, and temporary structures and uses within these districts, no building, land, or premises shall be used, boat and no building or structure shall be hereafter erected or altered except as listed in Table A, B, or C unless otherwise provided for in these regulations.
a.
Permitted (By-Right) Uses. Uses identified in a zoning district column of Table A with a "P" are "permitted by-right" and shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the "supplemental regulations" column and all other requirements of this Chapter.
b.
Conditional Uses. Uses identified in a zoning district column of Table A with a "C" as "conditional uses" shall be permitted in such zoning district following Board of Aldermen authorization per Section 400.564(B), subject to any additional regulations as may be indicated in the "supplemental regulations" column and all other requirements of this Chapter. All conditional uses shall require the receipt of a conditional use permit prior to the issuance of a building permit. A conditional use permit may be obtained through the procedures and complying with the performance standards set forth in Article IV of this Title (see Sections 400.185 through 400.195 and Sections 400.210 through 400.215).
c.
Accessory Uses. Uses identified in a zoning district column of Table B with an "A" as "accessory use" shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the "supplemental regulations" column and all other requirements of this Chapter.
d.
Temporary Uses. Uses identified in a zoning district column in Table C with an "T" as "temporary use" shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the "supplemental regulations" column and all other requirements of this Chapter.
e.
Downtown Overlay District. The Downtown Overlay District (DOD) is defined as the area described in Section 400.564(D) and Exhibits 1, 2 and 3 with the intent to allow for reduced building setbacks.
f.
Unlisted Uses. Uses not listed in Table A, B, or C or without a letter in the corresponding zoning column in these tables have been determined to either not be appropriate in this district, incompatible with certain existing uses, or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this Code. Amendments to this Chapter shall follow the provisions of Chapter 400, Article V, Amendments.
g.
Supplemental Regulations. The last column of Tables A, B, and C entitled "supplemental regulations" references additional supplemental requirements categorized by land use. Information in this column refers to specific sections found in this Chapter. Additional requirements, beyond those listed in the supplemental regulations column, may be required at the discretion of the City.
Table of Principal and Accessory Uses | |
Use is permitted by right: | P |
Use permitted as a conditional use: | C |
Use permitted as an accessory use: | A |
Use permitted as a temporary use: | T |
Use not permitted: | <blank> |
Table A - Permitted and Conditional Uses | ||||||
|---|---|---|---|---|---|---|
Zoning District | Commercial | Industrial & Manufacturing | Supplemental Regulations | |||
"NC" | "GC" | "HC" | "M-1" | "M-2" | ||
RESIDENTIAL USES | ||||||
Household Living | ||||||
Mixed-Use Building (Commercial and Residential Uses) | P | P | P | For accessory dwelling units in mixed-use buildings, see Section 400.564(A), Accessory Residential Dwelling Uses. | ||
Multi-Family Use | C | C | C | |||
Residential Group Homes | P | |||||
Skilled Nursing Facility | P | P | P | |||
PUBLIC/INSTITUTIONAL USES | ||||||
Adult and Child Care | ||||||
Group Child Care Center | P | P | C | For family child care centers, see Section 400.145 for home business permits. | ||
Day Care Center - Adult | P | P | C | For day care homes for adults, see Section 400.145 for home business permits. | ||
Community Services | ||||||
Assembly or Lodge Hall for Organizations | C | P | P | |||
Cemetery or Mausoleum | See "R-1" Conditional Uses (Section 400.525(D). | |||||
Churches, Places of Worship, and Religious Institutions | P | P | P | |||
Funeral Home or Mortuary | P | P | P | For "M-1" and "M-2" uses, see Supplementary Regulations (Section 400.564(C)). | ||
Health Care Facilities (including medical and health care clinics ambulance services, medical laboratories, diagnostic imaging centers, home health care services, and urgent care centers) | C | P | P | |||
Hospital | C | |||||
Law Enforcement, Fire Stations, and Other Emergency Vehicle Services | C | P | P | |||
Public Parks and Playgrounds | P | P | P | |||
Public Governmental Buildings (owned and/or operated by a Federal, State, or local government, or special district) | P | P | P | |||
Schools | C | C | C | Includes schools for 1st through 12th grade, kindergartens, and preschools for children over the age of 4. | ||
Utilities and Communications | ||||||
Communication Antenna or Tower as a Principal Use | C | C | See Article XXI, Telecommunications Towers. Also see Supplementary Regulations (Section 400.564(C) for "M-1" and "M-2" uses. | |||
Public Utilities | C | C | C | P | P | |
COMMERCIAL USES | ||||||
Agricultural and Animal-Related | ||||||
Animal Hospitals (when conducted wholly within an enclosed building) | P | P | P | No overnight boarding of animals except those recovering from surgery. Also see Kennel. | ||
Garden Centers, Commercial Greenhouses, and Nurseries, Retail and Wholesale | P | P | Noise mitigation requirements shall apply. See Supplementary Regulations (Section 400.564(E)) or the use must be located a minimum of 100 feet from any "R" District. | |||
Animal Boarding Facilities (kennels) | P indoors; C outdoors* | P indoors; C outdoors* | P | Noise mitigation requirements shall apply. See Supplementary Regulations (Section 400.564(E)) OR the use must be located a minimum of 200 feet from any "R" District. *In "GC" and "HC," animal boarding facilities are conditional if use occurs outdoor (e.g., dogs can access outdoors from pen or spend extended periods outside). Dogs must be kept indoors at animal boarding facilities between the hours of 8:00 P.M. and 8:00 A.M. | ||
Pet Stores and Pet Grooming | P | P | P | Noise mitigation requirements shall apply. See Supplementary Regulations (Section 400.564(E)) OR the use must be located a minimum of 50 feet from any "R" District. | ||
Food and Beverage Service | ||||||
Restaurants and Cafes | P* | P* | P* | P | For permitted uses in "M-1," see Supplementary Regulations in Section 400.564(C). Drive-in and drive-through lanes are prohibited in "NC." *Noise mitigation requirements shall apply. See Supplementary Regulations (Section 400.564(E)) OR the use must be located a minimum of 200 feet from any "R" District. | |
Guest Accommodations | ||||||
Bed and Breakfast | P | C | ||||
Hotels and Motels | P | P | ||||
Travel Trailer Park | P | Use requires a minimum size of 5 acres. Noise mitigation requirements shall apply. See Supplementary Regulations (Section 400.564(E)) OR the use must be located a minimum of 100 feet from any "R" District. | ||||
Office | ||||||
Banks, Credit Unions, and Finance Institutions (including those with automatic teller machines and drive-through facilities) | P | P | P | For permitted uses in "M-1," see Supplementary Regulations in Section 400.564(C). | ||
Commercial or Trade School | P | P | ||||
Laboratories (experimental, film, or testing) | P | For permitted uses in "M-1," see Supplementary Regulations in Section 400.564(C). | ||||
Offices, Professional | P | P | P | |||
Office, General | P | P | P | |||
Personal Services | ||||||
Consumer Management and Support Services | P | P | This category includes travel agencies, security system monitoring and installation, tree and landscaping services, pest control, pool management, event planning, interior design, and carpet and upholstery cleaning services. | |||
Personal Goods and Services, General | P | P | P | This category includes health and personal care services, including cosmetics, beauty supplies, health supplements, optical goods, beauty parlors, barbershops, dry cleaning, laundromats and laundry pick up, shoe repair, tailors, licensed massage facilities, spas, and nail salons. | ||
Self-Service Storage Facilities (mini-warehouse storage) | C | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | ||
Recreation and Entertainment | ||||||
Recreational Uses (operated within a fully enclosed building, when operated for pecuniary profit) | C | P | P | This category includes bowling alleys, gymnasiums, gym/fitness centers and studios, skating rink, indoor archery and firing ranges, miniature golf course, billiard halls, or other similar places of amusement or entertainment occurring indoors. Noise mitigation requirements shall apply. See Supplementary Regulations (Section 400.564(E)) OR the use must be located a minimum of 200 feet from any "R" District. | ||
Recreational Uses (predominantly located outdoors when operated for pecuniary profit) | C | This category includes commercial baseball fields, batting cages, outdoor swimming pools, golf driving ranges, livery stables and riding academies, amusement parks, the utilization of manned or remote-control motorized vehicles, or recreational uses including water slides or other similar places of amusement or entertainment occurring outdoors. | ||||
Theater, Indoor | P | P | ||||
Theater, Drive In | C | |||||
Retail, General | ||||||
Air Conditioning, Carpenter Shops, Electrical, Heating, Plumbing, and Roofing Supplies, Sales, and Services | P | P | Use shall occur only in an enclosed building in "HC"; Any dust-related nuisance shall be fully mitigated in all zoning districts. For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Automobile and Truck Washes (including automated and self-service car washes where the customer provides the labor, the use of conveyers, blowers, and steam cleaning) | P | P | ||||
Automotive Parts and Accessories Stores | P | P | ||||
Brewing or Distilling of Liquors and Alcohol Beverages (including microbreweries and wineries) | C | P | P | Brewing and distilling limited to beer and wine in "GC" and "HC." For permitted and conditional uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||
Clothing and Clothing Accessory stores (including shoes, jewelry, and luggage) | P | P | P | |||
Consumer Goods Rental Services | P | P | This category includes home health equipment and formal wear. Outdoor display of equipment for rent limited to 15% of the GFA of building. | |||
Department, General Merchandise, Discount, and Variety Stores | P | P | ||||
Drug Stores and Pharmacies | P* | P | P | *Drive-in and drive-through lanes are prohibited in "NC." | ||
Grocery Stores | P | P | P | Maximum gross floor area of 7,500 square feet in "NC." | ||
Furniture Upholstering | P | P | P | For permitted uses in "M-1," see Supplementary Regulations in Section 400.564(C). | ||
Gun Shops and Indoor Firing Ranges | C | C | ||||
Home Furnishing, Floor Covering, Furniture Stores, and Kitchen and Bath Stores, Interior Decoration, Paint, Wallpaper, and Paper Hanging | P | P | ||||
Household Appliance and Electronics Stores (including cameras, cell phones, computers, and prerecorded music and movies stores) | P | P | ||||
Mobile Home/Manufactured Home Sales | P | Outdoor display of mobile home/manufactured homes. Office and sales transaction areas shall be located within an enclosed building. | ||||
Outdoor Power Equipment Stores | P | |||||
Retail Lumberyard (including millwork only when incidental) | P | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | ||
Specialty Food Stores | P | P | P | This category includes bakery, meat market, fish and seafood, fruit and vegetable, confectionary and nut, and other specialty food stores. Outdoor display areas (not under roof) limited to 15% of GFA of building; Outdoor display areas must be located not less than 100 feet from residentially zoned area. | ||
Sporting Goods, Hobby and Book Stores (including toy, game, and musical instruments) | P | P | P | |||
Videography, Photo, Music, and Art Studios | P | P | ||||
Miscellaneous Retailers (such as florists, office supplies and stationery, gift, and souvenirs, antiques, art dealers, and pet supply stores) | P | P | P | |||
Transportation, Vehicles and Equipment Maintenance | ||||||
Automobile and Other Motor Vehicle and Water Craft Repairs, Sales, Rentals, and Services | P | P | P | P | Repair and sales include body and fender repair, rebuilding, painting, muffler service, battery, tire sales and installation, wheel and brake shops, and similar repair and service activities, EXCEPT salvage and dismantling. Except for display and sales, all activities shall be conducted within a completely enclosed building. Noise mitigation requirements shall apply. See Supplementary Regulations (Section 400.564(E)) OR the use must be located a minimum of 100 feet from any "R" District. For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |
Fuel Service Stations (including emergency towing and repair services of not more than 5 automobiles, accessory convenience stores, and accessory restaurant facilities) | C | P | P | Fuel service stations of less than 1.5 acres shall not provide truck parking in association with this use, whether on the same lot or on an adjacent lot. See Truck Stop. Noise mitigation requirements shall apply. See Supplementary Regulations (Section 400.564(E)) OR the use must be located a minimum of 200 feet from any "R" District AND/OR 100 feet from any dwelling unit. For permitted uses in "M-1," see Supplementary Regulations in Section 400.564(C). | ||
Truck Stops | C | P | P | See Definitions in Section 400.070. When comprised of a minimum of 1.5 contiguous acres, truck stops may allow for associated truck parking, on the same lot or adjacent lot(s). See Fuel Service Station. For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | ||
Bicycle Sales, Repairs, and Rentals | P | P | P | Repairs in enclosed buildings only. Outdoor display limited based on 15% of GFA of building. | ||
Heavy Vehicle and Outdoor Equipment Sales, Rental, and Servicing | P | |||||
Parking Areas (including garages, but not including outdoor storage of wrecked or otherwise damaged or immobilized vehicles) | P | |||||
Postal and Mail Services (including couriers, express delivery, U.S. Postal Service facilities, and printing, publishing, or copy and lithographing shops) | C | P | P | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). |
Local Messengers and Delivery | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Wrecking or Towing Business | P | P | For permitted and conditional uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Rail Transportation and Related Support Activities, Freight Trucking, School and Employee Bus Transportation, Charter Buses, Support Activities for Road Transportation, Freight Transportation Arrangement, and Packing and Crating | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Trucking and Motor Freight Station or Terminal | P | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | ||
Carting, Express or Hauling Establishments (including storage of vehicles) | P | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | ||
Automobile Salvage Yards, Junk and Scrap Processing Yards, and Recyclable Material Processing | C | For conditional uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Vehicle Storage Areas | P | P | P | P | P | On-site or immediately adjacent lots with vehicle storage areas shall comply with Section 400.750(B) (Vehicle Storage Areas). Vehicle storage areas on non-adjacent lots are not allowed. |
INDUSTRIAL USES | ||||||
Commercial Services | ||||||
General Contractor's Office | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Storage and Rental of Equipment Commonly Used by Contractors | P | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | ||
Manufacturing, General (for uses not listed elsewhere in Table A) | ||||||
Manufacturing, Processing or Fabrication (provided use is not noxious, vibrating, or noise beyond confines, no emissions of dust, fumes, gas, odor, smoke or other particulate matter, or flammable ingredients) | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Manufacturing, Processing or Fabrication of Products from Previously Prepared Materials (which result in a final product or parts for a final product, including: sheet metal, welding or other metal working shop, excluding presses over 20 tons rated capacity, drop hammers, and other noise producing machine operated tools) | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Manufacturing, Processing or Fabrication (which may be noxious or offensive by reason of the emission of odor, dust or particulate matter, volatile organic compounds, smoke, gas, noise or vibration) | C | For conditional uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Manufacturing, Processing, or Fabrication Operations Involving Flammable Ingredients (e.g., acetone, alcohol, flammable aerosols and/or solvents) | C | For conditional uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Specific Manufacturing Uses | ||||||
Abrasive Product Manufacturing and Cut Stone and Stone Product Manufacturing | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Building Material Sales Yards (of which the following may be accessory: concrete mixing, lumberyards including incidental mill work, and open yards for storage) | P – Not including concrete mixing. | P | P | Concrete mixing not allowed in "HC." Noise mitigation requirements shall apply. See Supplementary Regulations (Section 400.564(E)) OR the use must be located a minimum of 200 feet from any "R" District. For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | ||
Butter Manufacturing/Creamery and Milk Processing/Bottling Plant | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Carpet and Rag Cleaning (provided necessary equipment is installed and operated for the effective precipitation or recovery of dust) | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Clay and Glass Product Manufacturing | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Dry Cleaning and/or Laundry Plants | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Dye and Pigment Manufacturing | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Fabric and Textile Mill Products, and Apparel Knitting and Sewing | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Fertilizer, Compost Manufacture or Storage | C | For conditional uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Floor Covering Manufacturing (such as linoleum, vinyl, and similar resilient flooring products) (For Carpet/Rugs, see Fabric and Textile Mill Products) | C | For conditional uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Foundry, Casting Lightweight, Non-Ferrous Metal or Electric Foundry (not causing noxious fumes or odors) | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Fruit and Vegetable Canning | C | For conditional uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Grain and Oil Seed Milling Flour Mills | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Heating, Cooling and Air Purification Equipment Manufacturing | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Ice Manufacturing and Cold Storage Plant | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Inflammable Liquid (underground storage only) | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Machine Shops, Tool and Die Shops and Similar Establishments | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Meat Packing (excluding stockyards or slaughterhouses) | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Metal Heat Treating, Metal Coating and Engraving, Electroplating, Plating, Polishing, Anodizing, and Coloring | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Paint and Coating Manufacturing | C | For conditional uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Post-Harvest Crop Activities | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Printing Ink Manufacturing | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Sawmill and Woodworking | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Pot Metal, Welding, or other Metal Working Shop (with presses over 20 tons rated capacity, drop hammers, and other noise producing machine operated tools) | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Steel, Aluminum, and Non-Ferrous Metal Manufacturing; Metalworking Machinery Manufacturing | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Small Electrical and Household Appliance Manufacturing | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Soap Manufacturing | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Wood Product Manufacturing and Veneer, Plywood, and Engineered Wood Product Manufacturing | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Vinegar Manufacturing, Yeast Manufacturing, Sugar Refining (except the refining of sugar beets) | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Wholesale Trade | ||||||
Warehouse Storage for the Sale and Distribution of Durable and Nondurable Wholesale Goods | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | |||
Grain Elevators | P | For permitted uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Above-Ground Storage of Bulk Oil, Gas, Explosives and Similar Materials | C | For conditional uses in "M-2," see Supplementary Regulations in Section 400.564(C). | ||||
Storage and Sale of Feed for Livestock and Plant Seeds | P | P | P | For permitted uses in "M-1" and "M-2," see Supplementary Regulations in Section 400.564(C). | ||
Table B - Accessory Uses | ||||||
|---|---|---|---|---|---|---|
"NC" | "GC" | "HC" | "M-1" | "M-2" | Supplementary Regulations | |
Accessory Residential Dwelling Units within a Mixed-Use Building | A | A | See Supplementary Regulations Section 400.564(A). | |||
Drive-Up Facility | A | A | A | |||
Car or Truck Household Facilities Accessory to Other Principal Use | A | A | A | |||
Drive-Through Lanes | A | A | A | A | ||
Home Occupations | ||||||
Exterior, Directional and Other Incidental Signs | A | A | A | A | A | Signs shall comply with existing sign regulations at the time any building or occupancy permits are received. |
Table C - Temporary Uses | ||||||
|---|---|---|---|---|---|---|
"NC" | "GC" | "HC" | "M-1" | "M-2" | Supplementary Regulations | |
Storage Containers and Storage Trailers | T | T | T | T | T | See Section 400.564(F), Supplementary Regulations — Storage Trailers and Storage Containers. |
Temporary Construction Office or Yard | T | T | T | T | T | |
Temporary Real Estate Sales/Leasing Office | T | T | T | T | T | |
Temporary/Seasonal Sales Events | T | T | T | T | ||
Section 400.564 Supplementary Regulations.
[Ord. No. 893, 11-2-2020; Ord. No. 1024, 1-2-2024; Ord. No. 1047, 8-5-2024]
A.
Accessory Residential Dwelling Units.
1.
Accessory residential dwelling units within a mixed-use building that also provides space for retail, customer service, and office establishments, are allowed with the following conditions:
a.
The dwelling units must be within a mixed-use building on the same property.
b.
The mixed-use building may be partitioned through a condominium process, consistent with applicable State laws, to allow dwelling units, commercial retail and/or services, and office space (as allowed in the "NC" Zoning District), and shared common areas within the building to be rented, leased, or owned separately.
c.
There shall be at least six thousand (6,000) square feet of lot area per unit for the first two (2) accessory dwelling units and at least one thousand eight hundred (1,800) square feet of lot area per accessory dwelling unit thereafter. By way of example, a mixed-use building with four (4) accessory dwelling units shall have at least fifteen thousand six hundred (15,600) square feet of lot area.
d.
Parking for accessory dwelling units shall be provided in a manner consistent with Article XVII, Parking.
e.
Applicable building code requirements for residential and commercial uses shall be met.
B.
Conditional Uses Requiring Board Of Aldermen Authorization. Requirements and limitations regarding conditional use permits shall be based on the following considerations:
1.
Size of the structure, amount of traffic generated, and number of employees associated with the use.
2.
Impact of the use on the character of the surrounding neighborhood.
3.
Impact of the use on the surrounding natural environment.
4.
Operating hours of proposed use.
5.
Any other conditions deemed necessary by the Board.
C.
"M-1" and "M-2" Permitted and Conditional Uses.
1.
All "M-1" District uses shall be free of objectionable nuisances in their operation and appearance or readily obviate or control any objectionable features which may otherwise result from the manufacturing processes by installation of appropriate abatement devices. This includes any vibration, smoke, noise, odor, glare, dust, refuse matter or waste, and other effects that may travel off site.
2.
"M-2" District uses which produce vibration, smoke, noise, odor, glare, dust, refuse matter or waste, and other effects that travel off premises are subject to additional mitigation or abatement, including greater setback and yard requirements, screening and fencing requirements, the issuance of a conditional use permit per Section 400.185, or any combination thereof.
3.
All principal and accessory structures and uses within "M-1" and "M-2" Districts on lots which adjoin any "R" Residential Zoning District ("R-1," "R-2," or "R-3") shall adhere to the following:
a.
Principal structures shall not be located less than two hundred (200) feet from an "R" District.
b.
Accessory structures and uses customarily used for night operations shall not be located less than two hundred (200) feet of any "R" District.
c.
If no night operations customarily occur, accessory structures and uses shall be at least one hundred (100) feet from an "R" District.
4.
Conditional Uses Requiring Aldermen Authorization. Any conditional use listed in the "M-2" category in Table A shall be prohibited, unless located not less than six hundred (600) feet from any "R" District, and not less than two hundred (200) feet from any other district except an "M-1" District; and unless authorized by the Board, subject to such conditions and requirements as may in the opinion of the Board be necessary to protect adjacent property and prevent conditions which may become noxious or offensive.
5.
Development Standards.
a.
Except for "building material sales yards" and uses listed under the sales category in Table A, no retail sales or service shall be permitted except when incidental or accessory to a permitted use or except when specifically permitted pursuant to this Article. Further, the portion of the building or structure used for such retail sales or service shall not exceed twenty percent (20%) of the total square footage of the building or structure.
b.
No building shall be used for residential purposes, except a watchman may reside on the premises.
D.
Downtown Overlay District.
1.
Area. The land within the following boundaries shall constitute the "Downtown Overlay District" (DOD):
a.
Downtown Overlay District – Sub Area 1: The City blocks bordered by Pine Street, Washington Street, Old Route 66 and Highway 125 and also along the north side of Pine Street between Washington Street and Highway 12. (See Exhibit 1);
b.
Downtown Overlay District – Sub Area 2: The City blocks bordered by Old Orchard Street, McCabe Street (and by extension along the township line between Townships 29 and 30 of Range 20), Highway 125 and Old Route 66 (See Exhibit 2 – Overlay Zone Map 2); and
c.
Downtown Overlay District – Sub Area 3: The City blocks bordered by Washington Street, Commercial Street, Jefferson Street and Olive Street (See Exhibit 3 –Overlay Zone Map 3).
Exhibit 1 – Overlay Zoning Map  |
Exhibit 2 – Overlay Zone Map 2  |
Exhibit 3 – Overlay Zone Map 3  |
2.
Zoning Exemptions Within The Downtown Overlay District. Existing and proposed principal buildings within the following subareas in the Downtown Overlay District shall adhere to the following provisions:
a.
Downtown Overlay District – Sub Area 1:
(1)
Zoning Exemptions. Without regard to the underlying "GC" Zoning District, existing and proposed principal buildings within Sub Area 1 shall be exempt from the "GC" zoning requirements contained in Section 400.545 relating to building setbacks, open space requirements, and Article XVI, Landscaping, Bufferyard and Open Space Requirements.
b.
Downtown Overlay District – Sub Area 2:
(1)
Zoning Exemptions. Where General Commercial ("GC") Zoning District exists or upon future rezoning to the General Commercial ("GC") Zoning District, existing and proposed principal buildings within Sub Area 2 shall adhere to a minimum front yard of twenty-five (25) feet, minimum open space shall not be less than ten percent (10%), and lots shall be exempt from Article XVI, Landscaping, Bufferyard and Open Space.
c.
Downtown Overlay District – Sub Area 3:
(1)
Zoning Exemptions. Where General Commercial ("GC") Zoning District exists or upon future rezoning to the General Commercial ("GC") Zoning District, existing and proposed principal buildings within Sub Area 3 shall adhere to a minimum front yard of twenty-five (25) feet, minimum open space shall not be less than ten percent (10%), and lots shall be exempt from Article XVI, Landscaping, Bufferyard and Open Space Requirements.
E.
Mitigation Of Noise For Specified Uses.
1.
Specified commercial uses in the "NC," "GC," and "HC" Zoning Districts in proximity to residential zoning districts ("R-1," "R-2," "R-3," and "R-MHC") known to generate excessive and repetitive noise may negatively impact the use and enjoyment of residential property. To mitigate these impacts, these uses shall utilize either of the following alternatives:
a.
Prior to the issuance of an occupancy permit, uses identified in Section 400.563, Table A or Table B, as being subject to noise mitigation provisions of this Subsection shall demonstrate to the City Administrator that noise-related nuisances that may impact any "R" District is sufficiently attenuated by a noise barrier such as a sound wall or berm, sound or acoustic barrier, or other architectural soundproofing device or technique on the interior or exterior of the building. The noise barrier shall be certified by a qualified acoustic engineer or architect; or
F.
Site Storage In Storage Trailers And Storage Containers.
1.
In Non-Residential Zoning Districts.
a.
Except as provided in Subsection (F)(3), there shall be no use or placement of storage containers or storage trailers in non-residential zoning districts except in association with an approved building permit.
b.
The intent of storage containers or storage trailers when associated with a building permit is for the storage of tools or building supplies for a construction project, or storage of personal property of the owner or tenant of a building which is being remodeled during the course of a project on a lot for which a building permit has been issued. Upon the expiration of the building permit (or any extension thereof), such container or trailer shall be promptly removed.
c.
The City Administrator or designee may authorize the placement of a container or trailer on property other than the property where the construction project is located upon determining that the location is necessary and reasonable under the circumstances.
d.
When use of storage containers and storage trailers is authorized, they shall be regulated as follows:
(1)
No storage container or storage trailer shall be located within public street right-of-way or within any utility or drainage easement.
(2)
Storage trailers and storage containers shall be in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
2.
In Residential Districts.
a.
Except as provided in Subsection (F)(2)(b) and Subsection (F)(3), there shall be no use or placement of storage containers in residential zoning districts except for the purpose of short-term storage or in association with an approved building permit. By way of example, this may include but not necessarily be limited to home repairs, home additions, or occupants moving into or out of the residential unit or structure. When allowed, storage containers shall be regulated as follows:
(1)
No more than two (2) storage containers shall be located on a property at any one (1) time.
(2)
Storage containers may be located on a property for an initial period of thirty (30) consecutive days. After this initial period, the City Administrator may allow for an additional thirty (30) day period upon request.
(3)
No property shall be permitted to have a storage container for more than two (2) thirty (30) day periods in any twelve (12) month period.
(4)
Storage containers shall be placed on a paved surface and meet all other requirements for parking of motor vehicles on residentially zoned lots.
(5)
No storage container shall be located within a public street right-of-way or be placed within any utility or drainage easement.
(6)
Storage containers shall be in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
b.
When use of storage containers and storage trailers is authorized, they shall be regulated as follows:
(1)
No storage container or storage trailer shall be within a public street right-of-way or within any utility or drainage easement.
(2)
Storage trailers and storage containers shall be in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
3.
Construction Projects Not Requiring A Building Permit. Storage containers and storage trailers are permitted on any lot for twenty-one (21) consecutive days. A fourteen (14) day extension may be granted by the City Administrator, or designee, upon written request by the owner in conjunction with construction projects not requiring building permits subject to the restrictions, requirements and limitations as described in Section 400.564(F)(1) for Non-Residential Zoning Districts above.