[R.O. 2011 §400.350; Ord. No. 054-87 §IX, 10-21-1987]
The regulations set forth in this Article, or set forth elsewhere
in this Chapter when referred to in this Article, are the regulations
of the "B-1" Commercial District.
[R.O. 2011 §400.360; Ord. No. 054-87 §IX, 10-21-1987; Ord. No. 505-01 §1, 8-15-2001]
A.
A building
or premises shall be used only for the following purposes:
1.
Bank, including drive-in bank; savings and loan association.
2.
Barber shop; beauty shop.
3.
Drug stores and medical prescription centers.
4.
Dry-cleaning and pressing establishments, using not more than two
(2) clothes-cleaning units, neither of which shall have a rated capacity
of more than sixty (60) pounds; and which shall utilize cleaning fluid
which is nonexplosive and nonflammable; laundry pick-up store; self-service
laundry; self-service dry cleaner.
5.
Flower shop.
6.
Funeral homes or mortuaries.
7.
Hardware store; shoe repair store.
8.
Ice cream parlor.
9.
Newspaper offices.
10.
Photographic studios; music studios; artist studios.
11.
Retail food stores, including grocery stores, meat markets or delicatessens;
ice cream or candy stores; and bakeries with baking and processing
for retail trade on the premises only.
12.
Restaurants, cafes, and lunch rooms.
13.
Theaters, assembly halls.
14.
Any other retail or service use of similar character which is not
specifically permitted herein, when authorized by the Board of Alderpersons
after receipt of a review and recommendation from the City Planning
and Zoning Commission.
16.
Apparel shop; shoe store; millinery shop; dressmaking establishment
or tailor.
17.
Building material yards wholly within an enclosed structure with
no mill work done out of doors.
18.
Business or professional office.
19.
Department or variety store.
20.
Furniture and home furnishings store.
21.
Gift shop; artists supply store or art shop; antique shop; stationary
or office supply and equipment store.
22.
Jewelry store.
23.
Mail order office; toy store; dry goods store.
24.
Paint or plumbing shop.
25.
Printing, publishing, and engraving.
26.
Radio or television broadcasting stations or studio.
27.
Sporting goods or photo supply store;
28.
Tire sales and service;
29.
Any other similar type of retail, general service, or repair establishment
not specifically permitted herein, when authorized by the Board of
Alderpersons after receipt of review and recommendations from the
City Planning and Zoning Commission and only when such use is consistent
with the intent and purpose of the "B-1" Commercial District Regulations;
30.
Accessory buildings and accessory uses customarily incidental to
the above uses.
[R.O. 2011 §400.370; Ord. No. 054-87 §IX, 10-21-1987; Ord. No. 291-93 §§I
— II, 12-1-1993; Ord. No. 505-01 §2, 8-15-2001; Ord.
No. 795-12 §1, 8-15-2012]
[R.O. 2011 §400.380; Ord. No. 054-87 §IX, 10-21-1987]
A.
Where
access to a commercial or use or structure will require a driveway
and off-street parking, only one (1) point of ingress or egress located
at least thirty (30) feet from any intersecting street corner shall
be permitted. Additional points of access may be granted with a special
use permit only. All driveways for ingress and egress shall have a
minimum of twelve (12) feet and a maximum of twenty-four (24) feet
in width for each traffic lane, exclusive of curb returns. Two (2)
or more property owners having an approved legal agreement describing
their joint right of property access may jointly share a driveway
or access road.
B.
Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Article XVIII, Off-Street Parking And Loading Requirements. All off-street parking spaces for commercial uses shall be set back a minimum of ten (10) feet from the street right-of-way. Setbacks of less than ten (10) feet may be allowed if a special use permit therefore is granted. All of the lot used for parking of vehicles and all driveways shall be paved with a sealed-surface pavement and maintained in such a manner that no dust will be produced by continued use.
[R.O. 2011 §400.385; Ord. No. 658-2007, 6-6-2007]
A.
Written
applications for all uses within the "B-1" Commercial District shall
be filed with the City Planning and Zoning Board for approval.
1.
Application. The application shall be accompanied
by the following information:
a.
A plot plan indicating the location of present and proposed new buildings
or modifications to existing buildings, driveways, parking lots and/or
parking spaces and other necessary appurtenances and facilities.
b.
Preliminary architectural plans for the proposed buildings or modifications
to existing structures.
c.
An estimate of the maximum number of employees for the facility and
the number and times of shifts they would work.
d.
Proposed water and sewer service demand including peak and maximum
loads.
e.
The type and chemical composition of any and all wastes to be generated
by the commercial facility, including, but not limited to, those which
will be entering the municipal sewerage system, and any pre-treatment
requirements, if any.
f.
The type and composition of any smoke, fumes, odors or other airborne
emissions which may be produced by the use considered.
g.
Any and all other information that may be required by the City Planning
and Zoning Board.
2.
Review. Upon receipt of all information required
in this Section, the Planning and Zoning Board and, if deemed advisable
by the Planning and Zoning Board, the City Engineer shall review the
application and all materials required in Subdivision (1) of this
Section within ninety (90) days of the date of their submission. If
no review of the application and the required materials takes place
within ninety (90) days of the date of their submission, then the
application shall automatically be accepted by the City of Byrnes
Mill. At a minimum, the proposed use must meet the following criteria:
a.
It shall be consistent with the intent and purpose of the "B-1" Commercial
District regulations.
b.
It shall not create adverse traffic conditions.
c.
It shall not overload the existing municipal sewerage collection
and treatment facilities.
d.
It shall not generate or discharge waste into the municipal sewerage
collection system that cannot be treated by available wastewater treatment
facilities.
e.
It shall not emit noxious smoke, fumes or other airborne emissions
that may be produced by the use considered.
3.
Recommendation. Upon consideration by the Planning
and Zoning Board and recommendation of the City Engineer, the Chairman
of the Planning and Zoning Board shall submit, in writing, the Board's
findings on all review criteria to the Mayor and Board of Alderpersons
for their final consideration, approval and issuance of necessary
permits.
[R.O. 2011 §400.390; Ord. No. 054-87 §IX, 10-21-1987]
A.
In addition to the specific requirements for the "B-1" Commercial District, all height and area regulations and exceptions set forth in Article XVII, Height And Area Exceptions And Modifications, as they apply to uses in the "B-1" Commercial District, shall be observed.
1.
Height. The maximum height of buildings permitted
shall be as follows:
a.
All buildings other than churches and similar places of worship,
thirty-five (35) feet and not over two and one-half (2½) stories.
b.
All other buildings, forty-five (45) feet and not over three (3)
stories, except that towers or steeples on churches or similar places
of worship may not exceed seventy-five (75) feet.
c.
Buildings or structures may be erected or altered to a height of
more than forty-five (45) feet but only upon the written approval
of the Fire Chief and the approval of the Board of Alderpersons, but
in no instance shall any building or structure be erected or altered
to exceed the fire fighting capability of the City of Byrnes Mill.
2.
Area. No building or structure shall be erected
or enlarged unless the following minimum dimensional requirements
are provided and maintained in connection with such building, structure,
or enlargement:
|
Lot Area in Square Feet
|
Lot Width in Feet
|
Minimum Yard Requirement in Feet
| |||
|---|---|---|---|---|---|
|
Front
|
Side
|
Rear
| |||
|
All Uses
|
21,780
|
100
|
30
|
20
|
30
|
3.
Percentage of lot coverage. All residential building
or structures, including accessory buildings, shall not cover more
than twenty percent (20%) of the area of the lot. There are no coverage
requirements for commercial structures.
