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Tonganoxie City Zoning Code

SECTION 12

"HBD" HISTORIC BUSINESS DISTRICT

12-010 INTENT.

The intent of the HBD district is to be the social, civic, cultural, and commercial heart of Tonganoxie, providing a mix of complementary uses in a traditional compact and walkable format that is consistent with maintaining the historic buildings and spaces of the original town. Uses and building formats that are large-scale, require excessive parking, or are automobile oriented and generate extensive vehicle traffic that is not a "park once" type of use are not appropriate for these districts. All uses shall be organized around and support a well-designed public realm, as identified in the Downtown Regulating Plan. The HBD district encompasses two sub-districts identified on the Downtown Regulating Plan: the HBD district (the traditional mixed-use downtown), and the HBD-I district (an older and established Downtown-adjacent industrial area).
(Ord. 1541, 12/15/2025)

12-011 ALLOWED USES.

A. 
Residential Uses.
1. 
Limited lodging facilities such as bed and breakfast, rooming, or boarding house.
2. 
Residential use shall be allowed in the form of apartments accessory to primarily non-residential buildings with the following limitations:
a. 
If on the ground level, residential uses shall be no more than 50% of the ground level floor area, and located behind the street-front non-residential uses.
b. 
Residential units shall not be accessible from the common storefront entrance.
c. 
The width of a non-residential frontage shall not be reduced, except only for accommodating access to the upper level or rear residential uses.
3. 
Accessory uses associated with any permitted residential use.
B. 
Institutional Uses. Institutional and service uses that are incidental to other permitted uses, compatible with the surrounding area, and further the intent of the district.
1. 
General uses such as museums, libraries, art centers, churches, lodges or fraternal organizations, mortuaries or funeral homes.
2. 
Educational uses such as private or group instruction in the arts or athletics, technical and professional training classes, university or college satellite classes.
3. 
Municipal and government service office or centers.
C. 
Commercial.
1. 
Retail, office and service businesses such as medical or dental office or clinic, legal and administrative services, financial institution, restaurant, retail outlet, clothing store, specialty shop, tradesmen, and other similar uses.
2. 
Any commercial use that is allowed in the LBD - Limited Business District with the following limitations:
a. 
The use is 5,000 square feet or less measured by the building square footage the use occupies; and
b. 
The lot and building must comply with the applicable development and design standards in this Section, and further the intent and design objectives in this Section.
D. 
Industrial Uses (HBD-I Only). Industrial uses are permitted to the extent they remain consistent with the scale, format, and development patterns of downtown-adjacent industrial uses.
1. 
Uses that focus on the administrative facilities, research institutions, light manufacturing activities, warehousing and wholesaling of goods; tradesman's workshops.
2. 
Uses with moderate-scale manufacturing of goods and products, storage and transfer of goods and products, and wholesaling of raw material.
3. 
Businesses requiring large equipment and display yards.
E. 
Special Uses. Special uses allowed in Section ZO-22 and according to Appendix A.
F. 
Prohibited.
1. 
Any business using highly flammable or hazardous material is prohibited unless the business files an approved fire plan with the City Fire Department.
2. 
Any use whose operation and format requires deviation from the development or design standards of this code is presumed prohibited, unless otherwise reviewed according to other discretionary or design review processes.
3. 
Any use over 10,000 square feet or which occupies more than half of a block face in downtown is prohibited unless approved through a Special Use Permit according to Section ZO-22. This process shall not be used to approve a use that is otherwise prohibited.
(Ord. 1541, 12/15/2025)

12-012 DEVELOPMENT STANDARDS.

A. 
Building and Lot Standards. To meet the intent of the HBD district and to maintain the traditional compact, walkable pattern of the HBD district, the following development standards apply:
Table 12-1; HBD Building and Lot Development Standards
HBD
HBD-I
Lot standards
Area
▪ 1.5K min.
▪ 15K max.
▪ 3K min.
▪ 25K max
Width
▪ 25' min.
▪ 100' max.
▪ 25' min.
▪ 150' max.
Building Standards
Front Setback
0' - 10'
0' - 30'
Street Side Setback
0' - 10'
0' - 30'
Side Setback
0'
10'
Rear Setback
▪ 10'
▪ 0' if abutting a publicly accessible alley.
▪ 15' if abutting residential zoned property.
▪ 10'
▪ 0' if abutting a publicly accessible alley.
▪ 30' if abutting residential zoned property.
Height
40'
3 stories
40'
3 stories
B. 
Operation and Performance Standards.
1. 
Temporary exterior display of merchandise or sidewalk seating for patrons on sidewalks immediately adjacent to a business is permitted during business hours provided at least six feet of sidewalk is maintained clear and the display never occupies more than 50% of the sidewalk width.
2. 
Except for as provided in subsection B.1 of this section, all other business activities shall be conducted indoors. This does not preclude limited storage areas to the rear of buildings subject to screening requirements, or service or other accessory areas in private patios, balconies, or decks.
3. 
All access, service, delivery or other vehicle-oriented elements of the site, whether for customers or service, shall be located to the rear of buildings and lots, or otherwise designed to occur on the interior of blocks and away from public streetscapes.
4. 
Open air balconies, awnings, canopies, and marquees may extend up to six feet from any wall plane provided they are:
a. 
At least eight feet above the grade and any sidewalk;
b. 
Are no closer than five feet from any common property line, except on the frontage where they may project into the right-of-way, but no closer than four feet from any curb.
5. 
No temporary storage structures or movable containers shall be permitted.
6. 
Outdoor storage is only permitted in the HBD-I district subject to the following:
a. 
All storage should be located in as remote of an area as possible considering impacts on the streetscape and adjacent commercial or residential property.
b. 
Any permitted outside storage or other industrial related activities may require screening from adjacent property or public streetscapes.
c. 
Frontages of industrial property where outdoor storage is permitted may require enhanced building standards, enhanced frontage design, or a combination of each to define edges of pedestrian-oriented downtown streets.
(Ord. 1541, 12/15/2025)

12-013 DESIGN STANDARDS.

A. 
Design Objectives. The community design standards have the following design objectives:
1. 
Enhance the image of downtown by coordinating streetscape investment with private lot and building investment.
2. 
Arrange buildings to define streetscapes, public spaces, and other valuable active and social spaces on the site and create appropriate transitions to adjacent areas.
3. 
Refine the scale, massing, and human-scale details of buildings to a greater degree the closer they are to the streetscape and other publicly used spaces and the greater the degree of pedestrian amenity on the abutting streetscape.
4. 
Use landscape and outdoor civic spaces as organizing elements for development, creating focal points, gateways, and establishing transitions between distinct building sites.
5. 
Encourage unique architectural expressions and promote the use of key details and design characteristics inherent in the chosen style for a building.
6. 
Strengthen the identity and economic value of downtown by reinforcing a consistent pattern and character throughout the district.
B. 
Frontage Types. Downtown frontages and buildings shall be designed according to the types and standards in Table 12-2 and based on the frontage type map designated on the regulating plan. Subsections following the table provide specific design strategies and techniques to meet the standards.
Table 12-2: HBD Frontage Types and Design Standards.
Main Street Frontage
Transitional Frontage
Workshop Frontage
Building Placement
A - Front Building Line (build-to range)
0' — 10'
0' — 10'
10' — 30'
B - Required Front Building Line
80% +
60% +
35% +
Access and Parking Limits
C - Access Width (max.)
12'
24'
32'
Parking Setback (min.)
Behind rear of building
Behind front building line
6' min.
Extent of Parking/Garage Bays
0%
40%
65%
Building Design
Entry Feature Spacing
50' max.
75' max
1 per building
Massing and Modulation
50'/500 s.f.
100'/1,000 s.f.
150'/2,000 s.f.
Minimum First Story Transparency
60%
40%
40% w/in 50' of entry
Minimum Upper Story Transparency
25%
20%
15%
n/a for industrial buildings
C. 
Building Placement. The front building line frames the streetscape and forms the street wall that shapes the streetscape as pedestrian-oriented public space. All buildings shall establish a front building line within the range specified in Table 12-2 based on the applicable frontage types. Building frontages shall occupy the minimum percentage specified for required front building line with either of the following:
1. 
Front building facades meeting the design standards; or
2. 
Civic space such as plazas or courtyards provided:
a. 
It is limited to no more than 20 feet along the street or 50% of the lot frontage, whichever is greater;
b. 
There is a defined edge at the extension of the required front building line, such as decorative walls or fences, landscape features and other human scale details; and
c. 
All building facades fronting the open space meet the standards otherwise applicable along the streetscape.
3. 
Corner lots shall meet the frontage requirement on the side street for at least 30 feet or 25% of the lot depth, whichever is greater.
D. 
Access and Parking Limits. Parking, driveways, and other vehicle-oriented designs on the frontage should be limited so that the visual priority of buildings and pedestrian-scale elements are established along the streetscape. Driveway widths, vehicle bays on front building facades, parking placement, and the extent of parking areas along the frontage shall be limited based on the frontage type as indicated in Table 12-2.
1. 
Access width limits apply to the first 50 feet of the lot depth, or up to the front building line, whichever is less.
2. 
In cases where the access standards limit access to one or more lots, mid-block alleys, common access lanes, or cross access easements for two or more lots shall be used to coordinate access on the block.
3. 
Any parking areas permitted along the frontage shall be screened by a 2.5 feet to four feet decorative wall or fence compatible with the architecture of the building, a landscape hedge, or a combination of each.
4. 
Any garage doors or vehicle bays that are permitted on the frontage should include transparency and architectural details that add human-scale features and quality appearances if visible from the street.
E. 
Front Entry Features. Front entry features activate the streetscape and public spaces and create consistent human-scale massing elements along the block frontage. Primary public entrances shall be located on all front facades at intervals specified in Table 12-2 and be clearly defined with at least two of the following elements:
1. 
A single-story architectural emphasis such as raised parapets, gables, canopies, porticos, overhangs, pediments, arches, or recessions within the wall plane of at least three feet.
2. 
Transom or sidelight windows that frame and emphasize the entry.
3. 
Architectural details such as tile work and moldings, columns, pilasters, or other similar material changes.
4. 
Integral planters, seating, or wing walls associated with an entry court or plaza that integrate landscape and hardscape designs.
F. 
Building Design. Building design refines the scale and form of buildings beyond basic setback and height standards and relates buildings to public space, affecting the character of the streetscape, block, and downtown. The standards in Table 12-2 shall be interpreted and applied with the following specific design strategies and techniques:
1. 
Massing and Modulation. Building elevations that exceed the massing and modulation limits in Table 12-2 by square footage or linear feet of elevation shall be broken into smaller components by one or more of the following design techniques:
a. 
Emphasize bays and vertical breaks at regular intervals with visible features such as columns, pillars, pilasters, or other details and accents that are between six and 48 inches wide, and project between four and 24 inches off the facade.
b. 
Define horizontal elements with projections between two feet and four feet from the wall associated with entrance features or differentiating stories, such as awnings, canopies, storefront lintel/cornice, or similar horizontal elements.
c. 
Break the volume of the building into distinct components with:
(1) 
Step-backs of upper stories of at least 10 feet;
(2) 
Recesses of the building footprint greater than four feet.
(3) 
Deviations should encompass at least 20% of wall planes on the entire elevation.
d. 
Horizontal differentiation of a base, body and top of buildings with materials and architectural details.
(1) 
All elevations should have a distinct foundation, a main facade, and an embellished roof structure, such as eaves and fascia for pitched roofs, or cornices and parapets for flat roofs.
(2) 
Any belt course or trim band establishing the break in base, body and top shall use a material or pattern distinct from the primary material, be six to 36 inches wide, and off-set from the wall plane four to 24 inches; or be a lessor trim associated with a material change.
e. 
Use material changes and the use of primary and secondary materials with different colors and textures to emphasize different elements of the buildings.
(1) 
Where material changes are vertical (i.e., different materials stacked one above another) the transition between materials should include a belt course, trim band, sill or similar element to separate materials. Heavier and larger materials should be below lighter and smaller materials.
(2) 
Where material changes are horizontal (i.e., materials side-by-side) the transition between materials should occur at interior corners or at the trim line, architectural column, or pilaster to emphasize different structural or massing components.
f. 
Use patterns of windows and doors, meeting the transparency requirements to break up blank walls, add depth and texture to the wall, and create a rhythm and balance along the elevation.
2. 
Transparency. Building elevations shall meet the required transparency on any street-facing elevation in Table 12-2 through one or more of the following design techniques:
a. 
Where expressed as a first story requirement the percentage shall be measured between two feet and eight feet above the sidewalk grade, or within 10 feet above the first-floor elevation if the building is set back more than 15 feet from the street.
b. 
Where expressed as an upper story requirement, the percentage shall be measured between the floor level and ceiling of each story.
c. 
All required first story windows shall provide direct views to the building's interior or to a lit display area extending a minimum of three feet behind the window.
d. 
Architectural features drawing emphasis on windows and doors such as window lintels, window sills, transom or sidelight windows can count to the required transparency percentage.
e. 
For industrial and civic buildings set back more than 30 feet from the street, clerestory windows may meet the first or upper story window requirements.
(Ord. 1541, 12/15/2025)

12-014 PARKING.

There are no off-street parking requirements in the Historic Business District, except:
A. 
There shall be one parking space for each dwelling unit.
B. 
Industrial uses in the HBD-I district shall provide one space for every 1,000 square feet of building. The Planning Commission may recommend additional or fewer spaces if consistent with the intent and design objectives of this district.
Any parking that is provided shall be designed according to the design standards in this section and any other applicable standards in Section ZO-20.
(Ord. 1541, 12/15/2025)

12-015 SIGNS.

Refer to Section ZO-25, Signs.
(Ord. 1541, 12/15/2025)