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Sturgeon City Zoning Code

ARTICLE V

"B-1" Central Business District

Section 405.250 Use Regulations. [1]

A. 
Permitted Uses. In District "B-1," no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except for one (1) or more of the following uses; which shall concern retail or service establishments exclusively without curb service:
1. 
Any use permitted in District "R-3"; and any conditional use allowed in District "R-3," it being the intent to provide that any conditional use in District "R-3" is a permitted use in District "B-1."
2. 
Identification or advertising signs, subject to the following conditions:
a. 
The sign is painted on or flush mounted to the wall of a building. No detached sign or billboard shall be permitted in District "B-1."
b. 
An advertising sign shall advertise only services, articles, or products that are offered within the building to which such sign is attached.
c. 
The sign shall not extend above the outside walls of the building to which it is attached; provided, however, that if the building has a mansard-style roof, the sign shall not extend above the top of the most vertical portion of the roof.
d. 
A sign shall not extend more than one (1) foot from the face of the wall to which it is attached; except that a business can print or paint an identifying sign or logo on a canopy or awning which otherwise extends beyond the wall of the building. With the exception of such canopy or awning identification signs, any sign which projects above a sidewalk shall have a clearance of at least eight (8) feet between the lowest portion of the sign and the sidewalk.
3. 
Assembly halls.
4. 
Automobile parking lots for passenger cars only.
5. 
Bakeries, not employing more than five (5) persons each.
6. 
Banks.
7. 
Barber and beauty shops.
8. 
Businesses licensed by the State and City to sell malt liquor (intoxicating beer), non-intoxicating beer, intoxicating liquor, and/or light wine by the package or by the drink, provided no businesses shall sell malt liquor, non-intoxicating beer, intoxicating liquor and/or light wine by the package or by the drink within one hundred (100) feet of any school, church or other building regularly used as a place of religious worship, unless there is obtained the consent in writing of the Board of Directors of the school, or the consent in writing of the majority of the managing board of the church or place of worship. This one-hundred-foot restriction shall not apply when a school, church or place of worship shall be established within one hundred (100) feet of any existing business already licensed to sell malt liquor, non-intoxicating beer, intoxicating liquor and/or light wine by the package or by the drink. Such one-hundred-foot distance shall be measured from the closest point in a straight line between the buildings.
9. 
Bowling alleys.
10. 
Cleaning, pressing and dyeing establishments.
11. 
Billiard halls and game arcades.
12. 
Bus passenger stations.
13. 
Clinics (medical or dental).
14. 
Dance halls.
15. 
Filling stations; provided all storage tanks for gasoline shall be below the surface of the ground, and no opening for the filling or emptying of such gasoline storage tanks shall be within one hundred (100) feet of any use permitted in District "R-1," "R-2," or "R-3."
16. 
Frozen food lockers for individual or family use.
17. 
Garages, public.
18. 
Ice delivery stations for storage and sale of ice at retail only.
19. 
Lodge halls.
20. 
Mortuaries.
21. 
Newspaper publishing plants.
22. 
Offices, business or professional.
23. 
Photographic service shops.
24. 
Plumbing shops; provided no material or equipment is stored in the front or side yards.
25. 
Printing, photocopying, and/or blue-printing shops.
26. 
Radio and television shops or studios.
27. 
Restaurants, cafes, cafeterias and nightclubs.
28. 
Shoe repair shops.
29. 
Shops for custom work or the manufacture of articles, to be sold at retail only, on the premises; provided that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
30. 
Stores, shops and markets for retail trades; provided merchandise is not displayed, stored or offered for sale on the premises outside of a building within the required front yard or upon a sidewalk, except for special sidewalk sales which occur on fewer than twenty (20) days per calendar year.
31. 
Telephone exchanges.
32. 
Theaters.
33. 
Wholesale sales offices and sample rooms.
34. 
Ambulance services.
35. 
Accessory uses customarily incident to any of the above uses, including air-conditioning, ice and refrigerating plants purely incidental to a main activity permitted on the premises, when operated by electricity or gas.
36. 
Car washes.
37. 
Storage unit facilities.
B. 
Conditional Use. The following uses shall be permitted in District "B-1" only after the issuance of a conditional use permit.
1. 
Light Manufacturing. In addition to other information required to be submitted as a part of the application for issuance of a conditional use permit, an applicant for a conditional use in District "B-1" shall submit plans or information concerning the operation of the proposed use, including:
a. 
Number of employees;
b. 
Sufficiency of and site location of parking, fencing, storage, and handling of materials and products;
c. 
Method and frequency of shipping operations;
d. 
Generation and emission of noise, vibrations, odors, dust, smoke, gases or other effects of operations which may be noxious, unwholesome, unhealthy or offensive; and
e. 
Exterior appearances of all structures, fences and the site.
2. 
Limitations relating to the above-listed items may be made a part of any stipulated conditions, if a conditional use permit is granted.
[1]
Editor's Note: Ord. No. 649 § 1, adopted 10-24-2005, amended this Section as adopted 4-28-2003 by Ord. No. 614 § 1. Subsequent amendments to this Section are noted in the history at the top of this Chapter.

Section 405.260 Height, Yard And Area Regulations.

A. 
In District "B-1," the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted upon any lot shall be as follows; provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of District "R-3":
1. 
Height. Buildings or structures shall not exceed one hundred (100) feet and shall not exceed eight (8) stories; except that, where a District "B-1" joins a District "R-3" within the same block, the height shall be decreased to forty-five (45) feet or three (3) stories within that block.
2. 
Rear Yards. The depth of the rear yard shall be at least twenty percent (20%) of the depth of the lot, but such depth need not be more than twenty (20) feet; except that on a corner lot no rear yard is required within fifty (50) feet of a side street, unless the rear line adjoins a District "R-1" to "R-3," inclusive.
3. 
Front Yards. The business structure may be built on the property line; provided that, where established buildings in this district within the same block have front yards of less depth, the depth shall be such as will conform to the established front building line.
4. 
Side Yards. No side yard required; except that, in the case of a corner lot, there shall be a side yard adjacent to the side street of not less than ten (10) feet, and where a side line of a lot in this district abuts upon the side line of a lot in Districts "R-1" to "R-3," inclusive, a side yard of not less than five (5) feet shall be provided.
5. 
Width Of Lot. The minimum width of a lot shall be fifty (50) feet at the building line, if used exclusively for uses enumerated in Districts "R-1" to "R-3," inclusive; except as otherwise provided in District "R-1." For other uses the width may be less.
6. 
Lot Area Per Family. Same as District "R-3."