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Thornton City Zoning Code

CHAPTER 11

5 Business Districts

§ 11-5A-1 Purpose.

[1983 Code]
The business districts set forth herein are established to protect public health, to promote public safety, comfort, convenience and the general welfare; and, to protect the economic base of the Village and the value of property. These general purposes include, among others, the following specific objectives:
A. 
To promote the most desirable use of land in accordance with a well considered plan so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the Village.
B. 
To place in separate districts those businesses which may create noise, odors, hazards, unsightliness or which may generate excessive traffic.
C. 
To permit selected business uses in districts where adjacency to or inclusion in a residential area has sufficient elements of service or convenience to such areas to offset the disadvantage.
D. 
To encourage the grouping in appropriate locations of compatible business uses which will tend to draw trade that is mutually interchangeable and so promote public convenience and business prosperity and contribute to the alleviation of traffic and pedestrian congestion.
E. 
To promote for the establishment of off-street parking facilities, permitted and required, so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.

§ 11-5B-1 Scope of regulations.

[1983 Code; amended 12-4-2006]
The regulations set forth in this section or set forth elsewhere in this title, when referred to in this chapter, are the district regulations in the B2, Limited Retail and Services.

§ 11-5B-2 Permitted uses.

[1983 Code; 11-7-1994; amended 12-4-2006]
No building or land shall be used and no building shall be erected, structurally altered or enlarged unless otherwise provided in this Title, except for the following and, for which, a prior tentative development plan is submitted as required in § 11-9-5.
A. 
Retail Services Uses.
Antique shops
Appliance sales and service, e.g., radio, video recorder, sewing machines, televisions, vacuum cleaners
Art and school supply stores
Art galleries and studios
Bakery shops, including baking on premises for retail use only and sold on site
Banks and financial institutions
Barber shops
Beauty shops
Bicycle sales, rental and repair
Book or stationery stores
Camera and photographic supply stores
Candy and ice cream shops
Carpet, rug, floor tile and linoleum stores
Catering establishments if operated with indoor table seating and serving
China tableware and glassware stores
Chiropody, chiropractic, therapeutic massage or similar personal service shops
Clothes pressing establishments
Coin, collectible card and philatelic stores
Custom dressmaking and millinery shops
Department stores
Drug stores and pharmacies
Dry goods or notion stores
Florist shops and conservatories
Food stores: grocery stores, meat markets, bakeries, candy and ice cream shops, delicatessens, pizzerias and frozen food stores, including locker rental in conjunction therewith
Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use
Furrier shops, including the incidental storage and conditioning of furs
Garden supply and seed stores
Gift and card shops
Hardware stores
Hobby shops, for retail of items to be assembled or used away from the premises
Interior decorating shops, including upholstering and making of draperies, slip covers and other similar articles, when conducted as part of the retail operation and secondary to the principal use
Jewelry stores, including watch sales and repair
Laundries, automatic, self-service type or hand; provided that each laundry machine shall not exceed 50 pounds' capacity each
Leather goods and luggage stores
Liquor stores, package goods only
Locksmith shops
Medical and dental clinics and offices, including ancillary laboratories
Musical instrument stores, including minor repair, and music conservatories/instruction
Newsstands
Office supply stores, including office machine sales
Paint and wallpaper stores
Photographer and portrait studios, including developing and processing
Public utility collection offices
Restaurants, tearooms or cafes (excluding drive-thru or curb service)
Schools; music, dance or business
Sewing machine stores, household machine only
Shoe and hat repair stores
Shoe stores
Sporting goods stores
Tailor shops
Tobacco shops
Toy shops
Transportation or amusement ticket sales offices
Travel bureaus
Wearing apparel shops
Variety stores
Videotape/disc sales and rentals
B. 
One single-family owner-occupied dwelling unit above the first floor, other than those located in a hotel or motel.
C. 
Offices, business and professional.
D. 
Miscellaneous Uses.
Clubs and lodges (nonprofit), fraternal and veteran organizations
Signs, as classified and regulated in Chapter 11-8 of this Title
E. 
Uses incidental to principal permitted uses.
Accessory uses
Home occupations
Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

§ 11-5B-3 Conditions of use.

[1983 Code; amended 12-4-2006]
All uses permitted in this District (except R District uses) shall be retail or service establishments dealing directly with consumers and shall be subject to the following conditions:
A. 
The sale of foodstuffs or articles intended for human consumption shall be conducted wholly within an enclosed building.
B. 
Establishments of the "drive-thru" type, offering goods or services directly to customers waiting in parked motor vehicles, are not permitted.
C. 
There shall be no manufacture, processing or treatment of products other than those which are clearly incidental and essential to the retail business conducted on the same premises.
D. 
Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes. No merchandise, materials or equipment shall be stored or displayed for sale in an open area, unless specifically permitted by the President and Board of Appeals, as provided in § 11-10-6C of this Title.

§ 11-5B-4 Off-street parking and loading facilities.

[1983 Code]
Automobile parking and loading facilities shall be provided as required or permitted in Chapter 11-7 of this Title.

§ 11-5B-5 Minimum lot sizes.

[1983 Code]
Every zoning lot for a building hereafter erected or enlarged shall comply with the lot size requirements of the R District. Buildings containing mixed residential and business uses shall be located on a lot having an area of not less than 2,000 square feet per dwelling unit.

§ 11-5B-6 Yards. [1]

[1983 Code; amended 12-4-2006]
A. 
Transitional Yards. Where a B2 District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:
1. 
When lots in a B2 District front on a street and at least 80% of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to the said lots in the business district.
2. 
In a B2 District, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this Title for a residential use on the adjacent property in the residential district.
3. 
In a B2 District, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth, but may begin at a height of 15 feet or one story above grade, whichever is lower.
4. 
In a B2 District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in length to the minimum front yard required by this Title on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district.
5. 
Transitional yards shall be unobstructed from lowest level to sky except as allowed in § 11-2-4A of this Title.
B. 
Residential Rear Yards. In the B2 District, a rear yard shall be provided for residential uses located above the first floor; such yard to be not less than 30 feet in depth and to begin at a level no higher than that of the finished floor of the lowest residential unit. Required rear yards shall be unobstructed from the lowest level to the sky except as allowed in § 11-2-4 of this Title.
[1]
Editor’s Note: Former § 11-5B-6, Floor area ratio, was repealed 12-4-2006. This chapter also provided for the renumbering of former §§ 11-5B-7 and 11-5B-8 as §§ 11-5B-6 and 11-5B-7, respectively.

§ 11-5B-7 Building height.

[1983 Code; amended 12-4-2006]
No building shall exceed two stories or 35 feet in height, except as otherwise provided in § 11-2-4A of this Title.

§ 11-5C-1 Scope of regulations.

[1983 Code]
The regulations set forth in this section or set forth elsewhere in this Title, when referred to in this chapter, are the district regulations in the B3 General Business District.

§ 11-5C-2 Permitted uses.

[1983 Code; amended 12-4-2006]
A. 
No building or land shall be used and no building shall be erected, structurally altered or enlarged unless otherwise provided in this Title, except for the following uses conducted in accordance with the conditions stipulated in § 11-5C-3 of this chapter and, for which, a prior tentative development plan is submitted as required in § 11-9-5.
B. 
In B3 General Business and Services District, the following uses are permitted:
Any use permitted in the B2, Limited Retail and Services District, unless otherwise set forth or superseded hereinafter
Air conditioning and heating sales and service
Amusement establishments, bowling alleys, pool halls, dance halls, skating rinks and other similar places of recreation when conducted wholly with a completely enclosed building
Auction rooms
Auditoriums
Automotive repair as defined in § 11-1-3
Automobile sales
Automobile service stations, as defined in § 11-1-3
Building material sales, when conducted wholly within a building
Business colleges or schools, operated as business enterprises
Caskets, showrooms and casket supplies
Clothing, custom made and/or alterations for retail trade only
Drive-thru businesses, where persons are served in automobiles such as banks, restaurants, refreshment stands, catering establishments and the like
Dry-cleaning establishments when employing facilities for the cleaning and pressing of dry goods for retail trade only, conducted on the premises, and when using carbon tetrachloride, perchlorethylene or similar, noninflammable solvents approved by the Fire Department
Employment agencies
Greenhouses, retail
Hospitals or sanitariums (except animal hospitals)
Hotels and motels
Household appliance stores and repair shops
Laboratories-medical, dental, research, experimental and testing (excluding the use of animals), provided there is no danger from fire or explosion, nor any offensive noise, smoke, dust, odors, heat, glare, vibration, biological hazard, or other objectionable condition that extends beyond the confines of the premises upon which the use is located
Laundries
Mirror, glass cutting and glazing shops
Monument sales
Motor vehicle, new and/or used, sales and/or service, including water craft
Orthopedic, medical and surgical appliances, but not including the assembly or manufacture of such articles
Parking lots, open and other than accessory, (e.g., commuter parking), for private passenger automobiles and subject to the provisions of Chapter 11-7 of this Title
Pawn Shops
Pest control services
Pet shops, but not including animal hospitals
Photograph developing and processing shops
Physical culture and health services, gymnasiums, swimming pools, reducing salons, masseurs, public baths
Picture framing establishments when conducted for retail trade on the premises only
Plumbing showrooms
Post offices
Printing, lithographing, mimeographing, photostating and digital copying and other similar custom services establishments
Processing or assembly, limited to the following; provided that space occupied in a building does not exceed 6,250 square feet of total floor and basement space, not including stairwells or elevator shafts; and, provided such processing or assembly can be conducted without noise, vibration, odor, dust or any other condition which might be disturbing to occupants of adjacent buildings. When manufacturing operations of the same or similar products demand space exceeding 6,250 square feet, they shall be located in the I Industrial District
Advertising displays
Awnings, venetian blinds and window shades
Bakeries, wholesale
Brushes and brooms
Cosmetics, drugs and perfumes
Electrical equipment appliances
Food processing, packaging and distribution
Ice cream
Instruments, e.g., electronic and precision
Jewelry
Medical and dental supplies
Optical goods and equipment
Pattern making
Printing and publication of newspapers, periodicals and books
Products from finished materials, such as plastic, bone, cloth, cork, feathers, felt, fiber, paper, fur, glass, hair, horn, leather, precious or semiprecious stones, rubber, shell or yarn
Public service facilities, including electric distributing substations, fire or police stations, telephone exchange and similar uses
Resale merchandise outlets, if conducted wholly within a completely enclosed building
Recreation places, including bowling alleys, dance halls, gymnasiums, skating rinks, archery ranges, golf practice ranges, miniature gold courses or other similar places of amusement or entertainment when operated for pecuniary profit
Taverns
Taxidermist shops
Theaters, excluding drive-in theaters
Trade schools
Undertaking establishments, funeral parlors
Upholstering shops, if conducted wholly within a completely enclosed building
Wholesale offices and storerooms with storage limited to 6,250 square feet of floor area per establishment
Uses customarily incidental to any of the above uses and accessory buildings, when located on the same premises

§ 11-5C-3 Conditions of use.

[1983 Code; amended 12-4-2006]
In the B3 District, the aforementioned uses are subject to the following conditions:
A. 
Not more than 6,250 square feet in the aggregate of gross floor area per establishment shall be devoted to the production or processing of goods or products.
B. 
All activities involving the production, processing, cleaning, servicing, testing or repair of materials, goods or products shall be conducted without danger from fire or explosion, nor of offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable conditions beyond the boundaries of the premises upon which the use is located.
C. 
All production, processing, cleaning, servicing, testing or repair of materials, goods or products shall take place within completely enclosed buildings, except for the storage of building materials and except for the parking of motor vehicles in the open.

§ 11-5C-4 Off-street parking and loading facilities.

[1983 Code]
Automobile parking and loading facilities shall be provided as required or permitted in Chapter 11-7 of this Title.

§ 11-5C-5 Minimum lot sizes.

[1983 Code]
In a B3 District, for each of the following units hereafter established, the following minimum lot area shall be provided:
Type
Minimum Lot Area
(square feet)
Dwelling unit
1,200
Efficiency unit
800
Lodging room
600

§ 11-5C-6 Yards. [1]

[1983 Code; amended 12-4-2006]
A. 
Transitional Yard. The regulations governing transitional yards in the B2 District shall apply in the B3 District.
B. 
Residential Rear Yards. In the B3 District, a rear yard shall be provided for residential uses located above the first floor; such yard to be not less than 30 feet in depth and to begin at a level no higher than that of the finished floor of the lowest residential unit. Required rear yards shall be unobstructed from the lowest level to the sky except as allowed in § 11-2-4 of this Title.
[1]
Editor’s Note: Former § 11-5C-6, Floor area ratio, was repealed 12-4-2006. This chapter also provided for the renumbering of former §§ 11-5C-7 and 11-5C-8 as §§ 11-5C-6 and 11-5C-7, respectively.

§ 11-5C-7 Building height.

[1983 Code; amended 12-4-2006]
No building shall exceed three stories or 45 feet in height, except as otherwise provided in § 11-2-4A of this Title.