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Thayne City Zoning Code

CHAPTER 6

COMMERCIAL AND INDUSTRIAL DISTRICTS

10-6A-1: PURPOSE:

The purpose of this district is to provide areas for community wholesale and retail and service activities on locations to conveniently serve the residents.
(1982 Code § 9.08.010)

10-6A-2: PERMITTED USES:

Within the Commercial District, no building, structure premises or land shall be used, except for one or more of the following uses:
Any authorized use in A-R-2 District.
Automobile and farm equipment supply/sales and automobile oriented service, repair facilities and automobile service stations.
Bakery, bank, barber shop, beauty parlor, book store, bar and tavern.
Business or professional office, optometrist or optician.
Car wash, motels, hotels and funeral homes.
Dairy products store, drug store, daycare center.
Dry cleaning agency, café, cafeteria.
Florist, gift shop, grocery, greenhouse.
Fuel sales office and public buildings and services.
Livestock and animals in conformance with the provisions of chapter 7 of this title.
Medical and dental clinics, meat processing and refrigeration.
Mobile home.
Parking structure.
Photographic shop, post office.
Public utilities and facilities, as well as maintenance of the same, providing they comply with the setback requirements.
Radio and television sales and repair shop.
Shoe repair shop and variety shop.
Single-family residences.
Tourist oriented service and repair facilities.
Welding shop.
Other related and similar uses; any lawful commercial use hereafter approved by the Planning and Zoning Commission and the Town Council.
(Ord. 129, 2-27-1984; amd. Ord. 167, 7-9-1990)

10-6A-3: SPECIAL PROVISIONS:

The above specified stores, shops or businesses shall be permitted under the following conditions:
A.   All uses shall he free from objectionable odor, dust, smoke, noise, vibration or other health and safety hazards.
(1982 Code § 9.08.030)

10-6A-4: LOT AND YARD REQUIREMENTS:

A.   Minimum Lot Area: Minimum lot area shall be designed and maintained at three (3) times the total building floor space area to provide for parking, loading, circulation and pedestrian walks.
B.   Minimum Floor Area: None required.
(1982 Code § 9.08.040)
C.   Front, Corner Yards: Front and corner yards shall be a minimum of fifty feet (50') if across the street from an A-R-1 or A-R-2 District.
D.   Rear, Side Yards: Rear and side yards if adjacent to an A-R-1 or A-R-2 District shall be a minimum of three (3) times the height of the building. In addition, a solid fence or wall not less than six feet (6') in height may be required on the boundary line, at the discretion of the Planning and Zoning Commission.
E.   All building drip lines must remain within the property. All snow removal or snow storage must remain within the property.
(Ord. 129, 2-27-1984)

10-6A-5: MAXIMUM BUILDING HEIGHT:

A.   Main Building: Thirty five feet (35').
B.   Accessory Building: Thirty five feet (35').
(1982 Code § 9.08.050)

10-6A-6: GENERAL REGULATIONS:

Use of land in this district shall also conform to all the requirements of chapter 7 of this title.
(1982 Code § 9.08.060)

10-6A-7: SPECIAL PROVISIONS:

A.   Storage: All storage and activities, except loading and unloading and automobile parking and refueling, shall be conducted entirely within a building.
B.   Maintenance Of Premises: No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be permitted which is discernible beyond the premises, except from normal movement of automobile traffic.
C.   On Street Parking: No on street parking in the C-2 District.
D.   Industrial Uses: No industrial uses in the C-2 District.
E.   Lighting: All lighting shall be indirect or shielded and so designed as to reflect away from adjoining residences. Parking lots must be safely lit during nighttime business hours.
F.   Accessory Uses and Buildings:
   1.   Storage buildings shall be permitted on the same lot with a primary commercial structure, or on an adjacent lot associated with the primary commercial structure.
   2.   Accessory buildings shall be situated not less than three (3) feet from all primary commercial structures.
   3.   Buildings shall contain no more than 900 square feet of floor area.
   4.   Cargo storage/shipping containers shall be permitted in the Commercial District C-1 according to the following criteria;
      a.   A cargo storage/shipping container shall be defined as any large box structure formerly used, or designed to be used, to store and/or haul cargo by rail, semi-truck, or ship.
      b.   A maximum of two (2) cargo storage/shipping containers per commercial lot shall be permitted. Cargo storage/shipping containers shall not be tacked, joined, or combined and shall not exceed a total of 640 square feet.
      c.   All cargo storage/shipping containers shall be new containers or one-time use containers.
      d.   Cargo storage/shipping containers shall not be permitted along street frontage and shall be situated behind the business establishment when possible and placed toward the rear of the lot.
      e.   Cargo storage/shipping containers shall be properly maintained and shall be painted to match the existing building structures. The area surrounding the container shall be free of weeds and debris.
      f.   If vandalism or graffiti occurs, the cargo storage/shipping container shall be repaired or repainted within thirty (30) calendar days. If such vandalism or graffiti occurs between November 1 and April 30, the container shall be repaired or repainted by May 31.
      g.   Cargo storage/shipping containers shall adhere to the minimum setbacks as prescribed for commercial district found in Section 10-6B-5.
      h.   Cargo storage/shipping containers which are moved to different locations on a regular basis shall be considered transient cargo storage/shipping containers and shall be under the same restrictions outlined in this Section.
      i.   Applicants for a cargo storage/shipping container shall obtain a building permit according to Section 9-1-1 of the Thayne Town Code.
(Ord. 240, 11-8-2006; amd. Ord. 391, - -2024)

10-6B-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF DISTRICT:

The objective in establishing the C-2 Commercial District is to encourage shopping facilities, which supply residential needs. Inasmuch as this zone is usually surrounded by dwellings, it shall be characterized by a harmonious grouping of stores, shops and professional buildings surrounded by lawns, trees and shrubs planted and maintained in harmony with the surrounding residential areas. The architecture, exterior and roofing of all buildings shall be harmonious with and similar or comparable in material, appearance and color to the predominant material, appearance and color of dwellings in the community, and particularly of those dwellings surrounding the development. Clean parking lots and attractively maintained business buildings shall also be characteristics of this district.
In order to accomplish the objectives and purposes of this article, the following regulations shall apply in the C-2 Commercial Zone.
(Ord. 240, 11-8-2006)

10-6B-2: PERMITTED AND CONDITIONAL USES:

Only the following shall be permitted or conditional uses in the C-2 Commercial District:
Any authorized use in C-1 District.
Antique shops.
Appliance sales, service and repair shops.
Art galleries, museums and athletic clubs.
Automobile supply shops.
Bakeries and confectionery; on site retail only.
Banks and financial institutions.
Bed and breakfasts, with a conditional use permit.
Book stores.
Camera and photo supply shops.
Cellular and wireless phone dealerships.
Cleaners, dry cleaners, and laundries.
Clothing stores.
Clubs and fraternal societies.
Computer sales, service and maintenance.
Copy centers.
Craft shops.
Dairy product stores.
Daycare centers.
Delicatessens.
Drug stores and pharmacies.
Dry goods stores.
Electronic device repair shops.
Florist shops.
Food catering services.
Furniture repair shops.
Garden supply stores.
Gift shops.
Hair salons, barbershops, beauty parlors.
Hobby supply stores.
Jewelry stores.
Laundry mats.
Music studios and other music related businesses.
Paint and wallpaper stores.
Pawnshops.
Pet shops.
Public utilities and facilities, as well as maintenance of the same, providing they comply with the setback requirements.
Professional business.
Restaurants, excluding the sale and/or offering of liquor, beer, wine.
Shoe sales and shoe repair shops.
Sporting goods stores.
Stationary stores.
Video outlets.
Stores selling or offering any combination of the aforementioned uses.
Other uses ruled by the Town Council to be similar to the above listed uses and in harmony with the objectives and characteristics of this district.
(Ord. 240, 11-8-2006)

10-6B-3: AREA REQUIREMENTS:

There shall be no minimum or maximum lot size requirements for any individual lot within the C-2 District, except as required for setback and off street parking space.
(Ord. 240, 11-8-2006)

10-6B-4: FRONTAGE WIDTH REQUIREMENTS:

There shall be no maximum or minimum frontage width requirements for any individual lot in the C-2 District.
(Ord. 240, 11-8-2006)

10-6B-5: LOCATION REQUIREMENTS:

   A.   Minimum Lot Area: Minimum lot area shall be designed and maintained at three (3) times the total building floor space area to provide for parking, loading, circulation and pedestrian walks.
   B.   Minimum Floor Area: None required.
(1982 Code § 9.08.040)
   C.   Front, Corner Yards: Front and corner yards shall be a minimum of fifty feet (50') if across the street from an A-R-1 or A-R-2 District.
   D.   Rear, Side Yards: Rear and side yards if adjacent to an A-R-1 or A-R-2 District shall be a minimum of three (3) times the height of the building. In addition, a solid fence or wall not less than six feet (6') in height may be required on the boundary line, at the discretion of the Planning and Zoning Commission.
   E.   All building drip lines must remain within the property. All snow removal or snow storage must remain within the property.
(Ord. 129, 2-27-1984)

10-6B-6: HEIGHT, SIGN REQUIREMENTS:

No building may be less than one story in height (that is, no basement only buildings are permitted). No building shall exceed a maximum height of thirty five feet (35') unless approved by the Planning and Zoning Commission. One freestanding sign per lot with a maximum footage of twenty feet (20') in height.
(Ord. 240, 11-8-2006)

10-6B-7: SPECIAL PROVISIONS:

   A.   Storage: All storage and activities, except loading and unloading and automobile parking and refueling, shall be conducted entirely within a building.
   B.   Maintenance Of Premises: No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be permitted which is discernible beyond the premises, except from normal movement of automobile traffic.
   C.   On Street Parking: No on street parking in the C-2 District.
   D.   Industrial Uses: No industrial uses in the C-2 District.
   E.   Lighting: All lighting shall be indirect or shielded and so designed as to reflect away from adjoining residences. Parking lots must be safely lit during nighttime business hours.
   F.   Accessory Uses and Buildings:
      1.   Storage buildings shall be permitted on the same lot with a primary commercial structure, or on an adjacent lot associated with the primary commercial structure.
      2.   Accessory buildings shall be situated not less than three (3) feet from all primary commercial structures.
      3.   Buildings shall contain no more than 900 square feet of floor area.
      4.   Cargo storage/shipping containers shall be permitted in the Commercial District C-2 according to the following criteria;
         a.   A cargo storage/shipping container shall be defined as any large box structure formerly used, or designed to be used, to store and/or haul cargo by rail, semi-truck, or ship.
         b.   A maximum of two (2) cargo storage/shipping containers per commercial lot shall be permitted. Cargo storage/shipping containers shall not be tacked, joined, or combined and shall not exceed a total of 640 square feet.
         c.   All cargo storage/shipping containers shall be new containers or one-time use containers.
         d.   Cargo storage/shipping containers shall not be permitted along street frontage and shall be situated behind the business establishment when possible and placed toward the rear of the lot.
         e.   Cargo storage/shipping containers shall be properly maintained and shall be painted to match the existing building structures. The area surrounding the container shall be free of weeds and debris.
         f.   If vandalism or graffiti occurs, the cargo storage/shipping container shall be repaired or repainted within thirty (30) calendar days. If such vandalism or graffiti occurs between November 1 and April 30, the container shall be repaired or repainted by May 31.
         g.   Cargo storage/shipping containers shall adhere to the minimum setbacks as prescribed for commercial district found in Section 10-6B-5.
         h.   Cargo storage/shipping containers which are moved to different locations on a regular basis shall be considered transient cargo storage/shipping containers and shall be under the same restrictions outlined in this Section.
         i.   Applicants for a cargo storage/shipping container shall obtain a building permit according to Section 9-1-1 of the Thayne Town Code.
(Ord. 240, 11-8-2006; amd. Ord. 391, - -2024)

10-6C-1: PURPOSE:

The purpose of this district is to provide areas where industries necessary and beneficial to the local economy may locate and operate.
(1982 Code § 9.09.010)

10-6C-2: PERMITTED USES:

Within the Industrial District, no building, structure, premises or land shall be used, except for one or more of the following uses:
Any authorized use in the C-2 District.
Agriculture, farming and ranching.
Any industrial, mining, manufacturing, processing, assembling, research, wholesale, retail or storage use which does not emit dust, smoke, fumes, gas, odors, or noise beyond the industrial boundaries.
Commercial storage unit.
Customary accessory uses and structures.
Public utilities and facilities, as well as maintenance of the same, providing they comply with the setback requirements.
(Ord. 129, 2-27-1984; amd. Ord. 167, 7-9-1990)

10-6C-3: LOT AND YARD REQUIREMENTS:

   A.   Minimum Lot Area: Minimum lot area shall be designed and maintained at three (3) times the total building floor space area to provide for parking, loading, circulation and pedestrian walks.
   B.   Minimum Floor Area: None required.
(1982 Code § 9.09.030)
   C.   Front, Corner Yards: Front and corner yards shall be a minimum of fifty feet (50') or 15.24 meters if across the street from an A-R-1 or an A-R-2 District. The first twenty five feet (25') or 7.62 meters adjacent to the street shall be landscaped.
   D.   Rear, Side Yards: Rear and side yards if adjacent to an A-R-1 or an A-R-2 District shall be a minimum of four (4) times the height of the building. In addition, a solid fence or wall not less than six feet (6') or 1.83 meters in height may be required on the district boundary line, at the discretion of the Planning and Zoning Commission.
(Ord. 129, 2-27-1984)

10-6C-4: MAXIMUM BUILDING HEIGHT:

   A.   Maximum Height: No building shall exceed a maximum height of thirty five feet (35') or 10.67 meters, unless approved by the Planning and Zoning Commission.
   B.   Distance To Adjoining District: When main or accessory buildings are placed within one hundred feet (100') or 30.5 meters of the boundary of any adjoining district, those buildings shall not exceed the height limit established for main or accessory buildings in that adjoining district.
(1982 Code § 9.09.040)

10-6C-5: GENERAL REGULATIONS:

Use of land in this district shall conform to all the requirements of chapter 7 of this title.
(1982 Code § 9.09.050)

10-6C-6: ACCESSORY USES AND BUILDINGS:

   A.   Storage buildings shall be permitted on the same lot with a primary commercial structure, or on an adjacent lot associated with the primary commercial structure.
   B.   Accessory buildings shall be situated not less than three (3) feet from all primary commercial structures.
   C.   Buildings shall contain no more than 900 square feet of floor area.
   D.   Cargo storage/shipping containers shall be permitted in the Industrial District I-1 according to the following criteria;
      1.   A cargo storage/shipping container shall be defined as any large box structure formerly used, or designed to be used, to store and/or haul cargo by rail, semi-truck, or ship.
      2.   A maximum of two (2) cargo storage/shipping containers per commercial lot shall be permitted. Cargo storage/shipping containers shall not be tacked, joined, or combined and shall not exceed a total of 640 square feet.
      3.   All cargo storage/shipping containers shall be new containers or one-time use containers.
      4.   Cargo storage/shipping containers shall not be permitted along street frontage and shall be situated behind the business establishment when possible and placed toward the rear of the lot.
      5.   Cargo storage/shipping containers shall be properly maintained and shall be painted to match the existing building structures. The area surrounding the container shall be free of weeds and debris.
      6.   If vandalism or graffiti occurs, the cargo storage/shipping container shall be repaired or repainted within thirty (30) calendar days. If such vandalism or graffiti occurs between November 1 and April 30, the container shall be repaired or repainted by May 31.
      7.   Cargo storage/shipping containers shall adhere to the minimum setbacks as prescribed for commercial district found in Section 10-6C-3.
      8.   Cargo storage/shipping containers which are moved to different locations on a regular basis shall be considered transient cargo storage/shipping containers and shall be under the same restrictions outlined in this Section.
      9.   Applicants for a cargo storage/shipping container shall obtain a building permit according to Section 9-1-1 of the Thayne Town Code.
(Ord. 391, - -2024)