§ VI. Commercial districts

[(I) Commercial districts (C).]

A. Intent. The commercial districts are intended for the conduct of personal business services and the general retail business of the community. In addition, under special conditional use permits, a commercial district is intended for the conduct of light manufacturing. The districts are intended to provide adequate offstreet parking and unloading facilities and to meet the needs of the traveling public.

B. Permitted uses.

1. Retail establishments which sell such goods as groceries, drugs, variety merchandise, dry goods, and automobile parts.

2. Retail establishments selling goods such as hardware, feed, poultry, supplies, home building supplies, farm equipment, marine equipment (boats, trailers, etc.), etc.

3. Service establishments including banks, barbershops, beauty shops, motion picture theatres, new and used car sales, utility offices, and public buildings.

4. Eating establishments (cafes, restaurants).

5. Offices for professional and service people, including doctors, dentists, lawyers, realtors, television and radio service and repair [personnel].

6. Drive-in banks, savings and loan associations, etc.

7. Dry cleaning and laundry establishments.

8. Automotive service stations.

9. Automotive repairs and sales (new and used).

10. Warehousing, commercial.

11. Commercial recreation, [such] as bowling alleys, golf driving ranges, drive-in theatres, skating rinks, etc.

12. Automatic laundries (unattended).

13. Funeral homes.

14. Motels and motor hotels.

15. Places of public assembly.

16. Printing offices and plants.

17. Light manufacturing, if a special conditional use permit is obtained for each proposed light manufacturing use.

18. All uses permitted in residential districts.

C. Area requirements.

1. Setback requirements:

a. Front, sufficient to provide for a sidewalk at least six feet in width.

b. Side street (corner lot), sufficient to provide for a sidewalk of at least six feet in width, except where there is a loading dock, then a setback of at least 20 feet.

c. Side (no street), one foot.

d. Rear (from property line or alley if one exists), one foot.

2. On-lot parking:

a. Motels, hotels (parking space per sleeping unit), one.

b. Places of public assembly (space per seating capacity), one for five.

3. Maximum height:

a. Stories, two.

4. On-lot parking spaces shall be provided for employees and customers.

5. When a commercial zoning district abuts a residential zoning district a minimum setback of 25 feet of any building in the commercial zone from the residential lot line is required.

D. Restriction of residential use in certain commercial areas. In commercial district no. 5 (downtown commercial district) no owner of a building:

(a) Which is more than one story in height, and

(b) Which is separated from another building of more than one story in height by:

(i) A common wall, or

(ii) A clear air gap of less than ten feet between building walls,

shall allow such building to be used for residential purposes; provided that the owner in fee simple of any such building, and his immediate family, may reside in said building, the prohibitions on residential use to the contrary herein notwithstanding.

E. Special conditional use permits for light manufacturing in commercial districts.

(a) In all commercial districts (but not in limited commercial districts), and in all existing commercial buildings qualifying as a prior nonconforming use, light manufacturing shall be a permitted use if, and only if, a special conditional use permit is applied for and obtained in advance of the proposed light manufacturing use. A special conditional use permit may only be issued by the planning and zoning commission under the conditions and procedures hereinafter specified.

(b) Any owner of real estate who desires to use commercial property for light manufacturing shall make written application therefor to the city clerk. An application fee of $100.00 shall be submitted with the application to cover the costs of publication of note [notice] of a public hearing on the application. The city clerk shall notify the city attorney and the chairman of the planning and zoning commission of the receipt of such application. The chairman of the planning and zoning commission shall schedule a hearing on the application before the planning and zoning commission within 30 days after receipt of the application. Notice of the hearing describing the proposed light manufacturing use shall be published at least once in a newspaper of general circulation published in Ripley County, Missouri, at least five days prior to the hearing.

(c) On the date scheduled for the public hearing on the application, or upon any subsequent date to which the planning and zoning commission adjourns, the applicant shall, in person or by attorney, present the application to the planning and zoning commission. Any other person may then submit oral or written comments on the application to the planning and zoning commission. The planning and zoning commission shall then review the application and the comments received thereon.

(d) The planning and zoning commission shall not approve the application unless the following conditions are met:

(i) The proposed use will be on premises which have sufficient on-lot parking spaces to provide parking space for each employee of the business.

(ii) The proposed use has facilities for on-lot loading and unloading of trucks or other vehicles.

(iii) The loading and unloading facilities on the premises of the proposed use adjoin city streets capable of handling the weights of all commercial vehicles serving the proposed use.

(iv) The proposed use shall not require the installation of three-phase electric service to premises not already wired for such service.

(v) The proposed use shall not contain any boilers in excess of 50-gallon liquid capacity or any incinerators, industrial furnaces or heavy machinery on the premises.

(vi) The proposed use shall not require the storage of materials, supplies or inventory outside of the structures on the premises.

(vii) The proposed use shall not generate noise levels at the property lines of the premises higher than ambient levels measured at the nearest city street prior to the commencement of the proposed use.

(viii) The proposed use shall not allow manufacturing activity to take place outside of the structures on the premises.

(ix) The proposed use does not generate hazardous waste as defined by the solid waste ordinances of the city.

(x) The proposed use will comply with the building code, the plumbing code, the electrical code and the fire prevention code of the city.

If the planning and zoning commission approves the application, the foregoing conditions shall be contained in the special conditional use permit issued to the applicant. The planning and zoning commission may adopt additional conditions relating to traffic flow, parking and loading of vehicles, generation of solid waste, noise abatement, etc., which the planning and zoning commission determines necessary to protect the public health, safety and welfare.

(e) A special conditional use permit for light manufacturing on commercial premises shall be issued only upon approval by a majority of the entire membership of the planning and zoning commission. If the application is so approved, the chairman of the planning and zoning commission shall issue and deliver to the applicant a written special conditional use permit for the premises of the proposed use. The permit shall contain the name of the applicant, the legal description of the premises and the conditions of use thereof. A special conditional use permit is not transferable by the applicant or owner of the real estate and shall expire immediately upon termination of the original proposed use.

(f) If the holder of a special conditional use permit violates any of the conditions of said permit he shall, upon conviction, be fined $500.00. Each day such violation exists shall constitute a separate offense.

(Ord. No. 97-5, § 2, 6-3-97)

(Ord. No. 01-11, § 1, 7-17-01)

(Ord. No. 89-26, § 1B, 9-5-89)

(Ord. No. 87-14, § 1, 6-2-87; Ord. No. 89-26, § 1B, 9-5-89)

(Ord. No. 80-8, §§ 1, 2, 6-17-80)

refeditor

Ord. No. 89-26, § 1B, adopted Sept. 5, 1989, amended App. A by adding provisions designated as § VI E. The subsections within said paragraph VI E have been renumbered in order to conform to Code format.

[(II) Limited commercial district (LC).]

[A. Permitted uses.] A limited commercial district shall have as permitted uses all uses permitted in commercial districts.

[B. Area requirements.] A limited commercial district shall have the same area requirements as a commercial district, provided, that in addition to the area requirements pertaining to a commercial [district], any property tract designated limited commercial may have such further restrictions imposed thereon, either as to use or area requirements, as may appear proper to the board of aldermen.