Union City Zoning Code
ARTICLE X
"B-3" Neighborhood Business District
Section 405.365 General Purpose and Description.
[R.O. 2012 §405.365; Ord. No. 4160, 12-18-2017]
A.
This district is intended for retail sale of convenience goods or personal services primarily for persons residing in adjacent residential areas. Because the retail and personal services uses permitted may be an integral part of the neighborhood, closely associated with the residential, religious, recreational and educational uses in the neighborhood, more restrictive requirements for light, air, open space, and landscaping are established than are provided for in other business districts. The district should be located on the periphery of residential neighborhoods on a major local street in close proximity to the intersection of two (2) collector streets.
B.
Performance Standards. To be a use in the Neighborhood Business District "B-3," whether as a permitted use, accessory use or as a conditional use, such use must meet the following performance standards:
1.
General. All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced. No business establishment shall offer goods or services directly to customers waiting in parked motor vehicles, or sell beverages or food for consumption on the premises in parked motor vehicles.
2.
Physical Appearance. All operations shall be carried on within an enclosed building except delivered materials or equipment in operable condition may be stored in the open for no more than twenty-four (24) hours. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are covered and not readily visible from the street.
Except as set forth above, all storage of materials, products or equipment shall be within a fully enclosed building.
Maximum height of a fence or wall outside the buildable area of a lot shall be six (6) feet. Uses with on-site trash or garbage disposal shall be fenced to prevent the same from escaping from property.
Maximum gross floor area per use shall be two thousand four hundred (2,400) square feet. A maximum of one (1) store or other use may be housed in one (1) building.
3.
Signs. No flashing lights or moving parts are permitted. The following dimensional standards shall apply:
a.
Freestanding Signs. One (1) freestanding sign allowed for each lot. Total display area of both sides of all freestanding signs on a lot shall not exceed one (1) square foot for each two (2) linear feet of frontage.
b.
Attached Or Suspended Signs. Total display area of all signs attached to, suspended from, or painted on buildings shall not exceed ten percent (10%) of the gross profile area of the wall to which they are attached. No sign shall extend above the ridge of roof or beyond edge of wall, nor project more than twelve (12) inches beyond the eaves of any building.
c.
Directional Signs. Two (2) directional signs not to exceed one (1) square foot each may be placed at each entrance or egress to property.
4.
Lighting. Light fixtures shall not exceed twenty (20) feet in height. Interior and exterior lighting fixtures shall be shaded whenever necessary to avoid casting direct light upon any property located in a residential district or upon any public street or park.
5.
Fire Hazard. No operation shall involve the use of highly flammable gases, acid, liquids, grinding processes or other hazardous processes. Nothing in this Section is designed to prohibit the use of normal heating fuels, motor fuels and welding gases when handled in accordance with other City ordinances.
6.
Noise. No operation shall be carried on which involves noise in excess of the normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume or seventy (70) decibels, whichever is less. Noise shall be measured at the property line and when the level of such noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable number of frequency ranges. All noises shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. Public address systems, amplified music or other unnecessary sources of noise are not permitted outside of buildings.
7.
Sewage And Liquid Wastes. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.
8.
Air Contaminants. Air contaminants and smoke shall be less dark than designated Number One on the Ringleman Chart as published by the United States Bureau of Mines. Light colored contaminants of such an opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted. Particulate matter of dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths (.2) grains per cubic foot as corrected to a temperature of five hundred degrees Fahrenheit (500° F.).
Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this Section, there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or to the public in general or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.
9.
Odor. The emissions of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not be considered obnoxious within the meaning of this Article.
10.
Gases. The gases sulphur dioxide and hydrogen sulfide shall not exceed five (5) parts per million. All nitrous fumes shall not exceed one (1) part per million. Measurements shall be taken at the property line of the particular establishment involved.
11.
Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three-thousandths (3/1,000) of an inch measured at the property line. The use of steam or broad hammers shall not be permitted in this district.
12.
Glare And Heat. All glare, such as welding arcs and open furnaces, shall be shielded so that they shall not be visible from the property line. No heat from furnaces or processing equipment shall be sensed at the property line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit (5° F.).
13.
Residential Use. No structure shall be used for residential purposes except that a watchman may reside on the premises.
14.
Hours. Hours of operation shall not exceed 7:00 a.m. to 10:00 p.m.
Section 405.370 Permitted Uses.
[R.O. 2012 §405.370]
The permitted uses in the "B-3" Neighborhood Business District shall be as set out in Appendix A of this Title.
Section 405.375 Conditional Land Use.
[R.O. 2012 §405.375]
The conditional uses in the "B-3" Neighborhood Business District shall be as set out in Appendix A of this Title.
Section 405.380 Accessory Land Uses and Developments.
[R.O. 2012 §405.380]
A.
Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory buildings which are not a part of the main building may be built only in a required rear yard, but such accessory building shall not be nearer than five (5) feet of the rear lot lines nor eight (8) feet of the side lot lines. Accessory uses include the following:
1.
Accessory uses or buildings customarily incidental to any of the above uses.
2.
Refuse disposal. The storage and collection of refuse shall be so managed as to create no health hazard, rodent harboring, insect breeding areas, accident hazards, or air pollution. All refuse shall be stored in fly-tight, water-tight, rodent-proof containers which shall be provided in sufficient number and capacity to accommodate all refuse. Satisfactory containers shall be provided at permanent locations, in areas appropriately and visually screened and accessible to solid waste collection vehicles.
Section 405.385 Height Requirements.
[R.O. 2012 §405.385]
The maximum height of all buildings shall be thirty (30) feet, or two (2) stories, whichever is lesser.
Section 405.390 Lot Area, Yard and Density Requirements.
[R.O. 2012 §405.390]
All activities and uses permitted in this district shall not exceed six thousand (6,000) square feet in gross floor area for any premises.
Section 405.395 Area Requirements.
[R.O. 2012 §405.395]
Every building hereinafter erected shall be on a lot having an area of not less than seven thousand five hundred (7,500) square feet and a width at the established building line of not less than seventy-five (75) feet.
Section 405.400 Minimum Yard Requirements.
[R.O. 2012 §405.400]
A.
Front Yard. Not less than twenty-five (25) feet. Where lot is a through or corner lot, the required front yard shall be provided on both streets.
B.
Side Yard. Not less than ten (10) feet each side.
C.
Rear Yard. Not less than fifteen (15) feet, however when such premises abuts an "R" District such rear yard shall be not less than thirty (30) feet.
Section 405.405 Supplemental Regulations.
[R.O. 2012 §405.405]
Supplemental regulations shall be as permitted in Article XVI of this Chapter.
Section 405.410 Signs.
[R.O. 2012 §405.410]
Signs shall be as permitted in Article XVIII of this Chapter.
Section 405.415 Off-Street Parking and Loading Requirements.
[R.O. 2012 §405.415]
Off-street parking and loading facilities shall be provided as required in Article XIX of this Chapter.