(A) Introduction. For documentation of issues addressed in this chapter, see Jennings County Comprehensive Plan, Chapter VI: “Land Use,” November 1, 1994.
(B) Establishment of commercial zoning districts. The following commercial zoning districts are established in the county and are abbreviated as indicated. Land within the county is classified, divided and zoned into said districts as designated on the zoning maps, which maps are incorporated herein by reference and made a part of this chapter.
Commercial Districts | Abbreviations |
Commercial Historic Downtown | C-HD |
Commercial Office | CO |
Commercial Planned Business | C-PB |
Commercial Single Site | C-SS |
(1) Commercial Planned Business (C-PB) Districts are designed for those high intensity, high traffic commercial uses which are least suited to mixing with residential uses because of the traffic they generate, parking needs or other possible negative impacts on residences. These districts may contain several adjacent businesses.
(2) Commercial Single Site (C-SS) Districts are for medium intensity commercial uses with a single commercial lot adjacent to residential or commercial districts, or entirely within predominantly residential areas. These districts should include only those commercial uses which are conducted entirely indoors in a permanent structure, which require no outside storage, and which fully provide for off-street parking of employees and customers.
(3) Commercial Historic Downtown (C-HD) Districts are for those buildings and sites within a downtown area which were approved and developed prior to the date of enactment of this chapter and which do not meet the development standards of C-PB and C-SS Districts. This classification is for existing development only, and no new development shall be eligible for C-HD zoning. The storefront ground level of any mixed-use building in this district may only contain a commercial use.
(4) Commercial Office (C-O) Districts are designed for low intensity businesses adjacent to residential or commercial zones which have office operations only, and no “over-the-counter” retail trade. This classification may include professional offices.
(C) Commercial regulations. The following regulations shall apply to all land within the commercial districts.
(1) Regulation conformation after the effective date of this chapter.:
(a) With the exception of legally established non-conforming uses, no land, building, structure, premises or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this chapter.
(b) No building, structure, premises or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed or relocated except in conformity with these regulations and for uses permitted by this chapter. (For steps on how to obtain a building permit, refer to § 154.030.)
(c) Provided, however, legally established non-conforming uses may be reconstructed if damaged or partially destroyed by fire or other disaster;
(d) Provided, however, any previously officially recorded, platted lot having less than the minimum development standards required by the applicable commercial district regulations of this chapter shall be approved as a non-conforming use.
(e) Provided further, however, any legally established non-conforming use, public elementary, junior high or high school (including any structures, facilities and parking areas accessory thereto) may be constructed, erected, converted, enlarged, reconstructed or relocated for such public elementary, junior high or high school use on the same lot or parcel.
(2) Performance standards. All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or modified as to conflict with these standards.
(a) Vibration. No use shall cause earth vibrations or concussions detectable beyond the lot lines without the aid of instruments.
(b) Smoke, particulate matter, noxious matter. No use shall emit smoke of a density exceeding that of a normal commercial establishment. No use shall be permitted to burn any materials or chemicals other than standard heating fuels such as fuel oil, propane or natural gas, with the exception of food preparation facilities. Commercial operations which require the burning of other materials must be approved by the Area Plan Commission.
(c) Odor. No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines and as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
(d) Sound. No use shall produce sound in such a manner as to endanger the public health, safety or welfare or cause injury to property. Sound shall be muffled so as not to become detrimental due to intermittence, beat frequency, shrillness or vibration.
(e) Heat and glare. No use shall produce heat or glare creating a hazard perceptible from any point beyond lot lines.
(f) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the Department of Environment Management or in such a manner as to endanger the public health, safety or welfare or cause injury to property.
(g) Junk automobiles (vehicles). Vehicles not in operating condition and parked at a commercial location more than 30 days may be removed from the property with the notification by certified mail to the vehicle owner. These vehicles will be towed at owner’s expense to a holding area for 30 days and then disposed of to a legal salvage yard. Notification and removal will be under court and police supervision. A show cause hearing will not be held for these violations.
(h) Unnecessary clutter. No one shall be permitted to heap, litter or strew in a confused and disorderly manner, any materials or objects on property owned, leased or rented for commercial purposes.
(i) Burning of materials. No use shall permit burning of any materials or chemicals except as fuels in approved heating or manufacturing process facilities.
(3) Commercial development standards.
(a) Transitional yards. Where a commercial lot abuts a residential lot, the commercial lot shall have a transitional yard adjacent to the residential lot at least equal in width to the required yard for that type of residential district. Where an alley separates a commercial lot from a residential lot, the commercial lot shall have a yard adjacent to the alley of not less than five feet in width.
(b) Parking. All commercial districts except C-HD shall provide parking as required in the “off-street parking and loading facilities” §§ 154.120 through 154.126, oriented such that parking and maneuvering are conducted entirely off public thoroughfares. In C-HD Districts no use, new or existing, or the parking area currently provided.
TABLE 7-1: COMMERCIAL LOT LAYOUTS
C-PB | C-SS | C-HD(4) | C-O |
C-PB | C-SS | C-HD(4) | C-O | |
Lot Size | ||||
Minimum lot area | (Sewer) 20,000 sq. ft. (Septic) 2 acres | (Sewer) 20,000 sq. ft. (Septic) 2 acres | 7,200 sq. ft. | (Sewer) 10,000 sq. ft. (Septic) 2 acres |
Minimum lot width (1) | 125 ft. | 100 ft. | 60 ft. | 80 ft. |
Setback and Yards | ||||
Minimum open space (3) | 10% | 15% | 0 | 20% |
Minimum rear yard (3) (5) | 25 ft. | 25 ft. | 0 | 25 ft. |
Minimum setback (2) (3) (5) | 50 ft. | 50 ft. | 0 | 25 ft. |
Minimum side yard (3) (5) | 50 ft. | 25 ft. | 0 | 25 ft. |
Structure Size | ||||
Maximum height | 35 ft. | 35 ft. | 35 ft. | 35 ft. |
Minimum area per floor (3) | 1,000 sq. ft. | 1,000 sq. ft. | 0 | 1,000 sq. ft. |
Minimum floor area (3) | 1,200 sq. ft. | 1,000 sq. ft. | 0 | 1,200 sq. ft. |
(1) Lot width is measured at the building line. (2) Any side of a lot that faces a public street or public right-of-way shall be considered a front and shall have appropriate setback, measured from the centerline of the road or street. Under no circumstances shall the front yard setback be less than 25 feet from the right-of-way line. (3) C-HD has no requirements for existing structures. Building modifications require approval by the Area Plan Commission. (4) Only a commercial use shall be permitted on the storefront ground level of any mixed use structure within the C- HD zone. (5) Any lot that is adjacent to a state highway shall be 1.5 times the standard setback for any front that faces the highway. | ||||
All new construction shall include the required improvements as listed in § 154.031. The depth to width ratio of any commercial lot may not exceed a maximum of 4 to 1 or a minimum of 3/4 to 1. (Where 1 is the lot width in both cases) (See Figure 4-1: Depth to Width Ratio for an example.) | ||||
(Ord. passed 9-1-2006; Ord. 04, 2008, passed 6-23-2008) Penalty, see § 154.999