Tonganoxie City Zoning Code
SECTION 14
"GBD" GENERAL BUSINESS DISTRICT
14-010 PURPOSE
This district is intended for retail trade shall be located along arterial and collector streets and highways within the City. The district provides access for businesses serving the local and regional market. Businesses located in this area are of a higher intensity and require a larger area than those allowed in the HBD District.
14-011 DEVELOPMENT STANDARDS
A.
Loading docks, exterior mechanical equipment and refuse handling shall be at the rear of the site and/or well screened from both the right-of-way and any adjacent residential areas.
B.
No exterior storage of materials or equipment.
C.
Outdoor sales and display as an accessory use: Sales and display of merchandise shall be conducted entirely within an enclosed building, including the storage of supplies, goods, and equipment; provided that outdoor display of merchandise may be permitted in accordance with the following. Exceptions to these standards may be permitted upon approval of a Special Use Permit. (Ordinance 1289, October 12, 2009)
1.
The permitted display of merchandise for sale to the public shall be restricted to a maximum of twenty-five (25) percent of the area of either the front, side or rear yard exclusive of any area of required setback. In no case shall merchandise be displayed in any required setback or parking area, reduce the capacity of a parking lot below that required by Section 20, Off-Street Parking and Loading Regulations, or hinder the movement of pedestrians on any sidewalk around the building.
2.
Such activities shall be limited to those items which require an out-of- doors location, such as, by way of example, living plants, automotive fuel, and any item which because of large volume or weight is more easily housed out-of-doors and is more convenient to the purchaser in an outdoor location, but not including items such as motor oil, fuel additives, tires, batteries, or cartons or cases of beverages.
3.
Sidewalk Displays. Daily temporary display of merchandise or activities, not to exceed one hundred fifty (150) square feet in area or twenty-five (25) percent of the ground floor area of the building or tenant space, whichever is less, may be held on the walkway immediately adjacent to the business during business hours. All such merchandise and display shall be temporary in nature and shall be moved inside the business after business hours. No less than one-half of the width of the walkway shall be clear space and merchandise shall not hinder the movement of pedestrian around the building.
4.
Outdoor display of landscape plantings, materials and supplies, and lawn and garden supplies (as accessory sales for businesses with other commercial activities) shall be permitted pursuant to the provisions of Section 14-011.C.1, and subject to the following:
a.
Seasonal landscape plantings may be displayed outside on a seasonal basis upon approval of a temporary sale and events permit. Plantings shall be kept off the public sidewalks and streets, shall not be placed within a required parking/paving setback area, shall not reduce the capacity of a parking lot below that required by Section 20, Off-Street Parking and Loading Regulations, and shall not hinder the movement of pedestrians on any sidewalk around the building.
b.
Landscape materials and lawn and garden supplies are required to be located within an enclosed building or an outdoor display confinement area. However, such materials and supplies may be displayed outside of an outdoor display confinement area on a seasonal basis upon approval of a temporary sale and events permit. Materials and supplies shall be kept off the public sidewalks and streets, shall not be placed within a required parking/paving setback area, shall not reduce the capacity of a parking lot below that required by Section 20, Off-Street Parking and Loading regulations and shall not hinder the movement of pedestrians on any walkway around the building.
5.
Outdoor display and storage of landscape plantings, materials and supplies, and lawn and garden supplies associated with retail nurseries and/or lawn and garden supply stores (stand alone businesses not associated with other commercial activities) and not located within an outdoor display confinement area may be permitted on a permanent basis pursuant to the provisions of Section 14.011.C.1, and the approval of a site plan application by the Planning Commission.
D.
All business for outdoor sales and display permitted by Section 14.011.C, and parking and loading/unloading areas, shall be conducted on an improved (paved) display area intended for that purpose. All business for the sale, lease, or rental of any new or used vehicles, equipment, recreational boats and trailers, and other motorized vehicles or machinery as permitted by Section 14-012 shall be conducted on an improved (paved) display yard, and shall not exceed the maximum outdoor display area allowed by Section 14.011.C.1 except as approved by a Special Use Permit. Alternative permeable paving surfaces for display areas and display yards may be permitted by the Planning Commission upon approval by the City Engineer for purposes of minimizing storm water runoff and improving water quality. Such alternative surfaces shall be suitable for the type of merchandise, vehicles, or equipment for display or parking. (Ordinance 1289, October 12, 2009)
E.
All accessory buildings shall be constructed in a compatible manner and with similar materials as the main structure on the property.
F.
No use of a site shall commence prior to the construction of a main structure.
G.
An eight-foot architectural screen shall be required for all sites where the rear or side property line abuts a residential zone or use. "Best side towards the residential use." (Amended by Ordinance 1230, 5/29/07)
H.
No temporary storage structures or moveable containers shall be permitted.
I.
Placement of fixtures required in connection with a designated patio or courtyard eating area adjacent to a restaurant shall be allowed.
J.
All commercial and industrial uses shall be of sound structural quality, be maintained in good repair, have a clean and neat appearance, and land adjacent shall be kept free from debris, weeds and trash. If the business or industry is not maintained as described and the Codes Enforcement Officer deems them a public safety hazard or nuisance, they shall be fined and given notice to correct the nuisance within 30 days.
K.
Self-service storage is allowed as a secondary use, provided it is limited in extent, scale or prominence of site and building elements to an allowed principle use in the GBD, through a special use permit.
(Ord. 1443, 2018)
14-012 ALLOWED USES
Uses shall focus upon retailing of goods and services, office groupings, large institutional uses, restaurants and temporary lodging facilities and those businesses requiring large display yards.
A.
Private, public or semi-public recreational, religious or administrative uses that is appropriate and compatible in the area due to space or intensity needs.
B.
Accessory uses as necessary to the efficient operation of the main use on the site.
C.
Please refer to Appendix A[1] for a list of suggested, permitted uses.
[1]
Editor's Note: Appendix A, Use Groups By Category is included as an attachment to this title.
14-013 AREA REGULATIONS
A.
Minimum lot area is 10,000 square feet.
B.
Minimum lot width shall be 75 feet.
14-014 HEIGHT REGULATIONS
A.
No building shall exceed two and one-half stories or 35 feet in height except as provided in Section 23, Supplemental District Regulations.
14-015 REQUIRED SETBACKS
A.
Right-of-way setback: 30 feet.
B.
Side setback: 20 feet when abutting a residential area, otherwise 10 feet.
C.
Rear setback: 30 feet when abutting a residential or rural zone or use, otherwise only 20 feet.
14-016 PARKING
Please refer to Section 20, Off-Street Parking and Loading Regulations, of this Ordinance.
14-017 SIGNS
Please refer to Section 25, Signs, of this Ordinance.
