13 - Amend General Retail and Commercial Zoning Districts by amending Section 8 Use of Land and Buildings - Specific Use PermitsItem No. 13
memorandum
TO: Mayor & Council
FROM: John Godwin, City Manager
SUBJECT: ALLOWABLE USES IN COMMERCIAL & GENERAL RETAIL
DATE: March 5, 2019
BACKGROUND: As has been discussed on several occasions by the planning and zoning
commission and others, many of our land use regulations as described in the current zoning
ordinance are old and out of date. One example the commission discussed recently is the
significant overlap between the allowable land uses within Commercial (C) zoning and General
Retail (GR) zoning. For many of us there are also simply too many uses in each district. The
2018 comprehensive plan, in its recommendations section, item 15.19, instructs: "Review land
uses allowed in General Retail and Commercial, providing improved differentiation between the
two overlapping zoning districts."
STATUS OF ISSUE: I have attached a red -lined land use list for both of these districts, with
several land uses eliminated from each (12 from C; 21 from GR). We believe these are better
representations of what these uses should be, and specifically help leave retail spaces for purely
retail and retail -related purposes. There had been over time a sort of creeping of commercial,
which is supposed to be a much more intense usage, into traditional retail. I have deleted
residential from both districts, since that is not a proper function for either of these land uses, and
I have also deleted all residential from Commercial to better avoid future conflicts. Any existing
uses that would be affected by these changes would immediately become legal non -conforming
uses, so these changes should have no negative impact on any existing businesses or homes.
Although not related to our purposes here, I have inserted Food Trucks and Columbaria simply
because these are two uses we need to address, and by adding them now, we can avoid a separate
discussion and ordinance adoption later.
RECOMMENDATION: On March 4, the planning and zoning commission unanimously voted
to recommend to the city council approval of a zoning ordinance amendment modifying
allowable uses with Commercial and General Retail zoning districts.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, REGARDING USES IN THE GENERAL
RETAIL AND COMMERCIAL ZONING DISTRICTS, BY AMENDING SECTION
8, "USE OF LAND AND BUILDINGS;" BY AMENDING SECTION 12-100,
"SPECIFIC USE PERMITS;" PROVIDING A REPEALER CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and
ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957,
and 1965; and
WHEREAS, additional amendments were added to Zoning Ordinance No. 1710
(April 12, 1965) during 1971 through 1987, 2012 and in 2016 through 2019; and
WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not,
in certain instances, reflect current and appropriate American zoning practice; and
WHEREAS, the City of Paris staff and officials desire to partially update and amend
portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and
development of the City of Paris, Texas; and
WHEREAS, certain land uses that are currently allowed in the General Retail (GR)
and Commercial (C) Zoning District are considered to be too intensive for the existing and
proposed character of those zoning districts; and
WHEREAS, certain land uses in the GR and C Zones should be modified, and some
new uses and definitions should be added and amended said zoning districts to more
efficiently advance the desire to enhance said zoning districts; and
WHEREAS, where said certain uses to be deleted currently exist in Paris' GR and C
Zones, they will continue to be allowed, as per this Zoning Ordinance No. 1710, Section 15:
Non -Conforming Uses and Structures; and
WHEREAS, on March 4, 2019, following notice and publication as required by law,
the Planning and Zoning Commission conducted a public hearing on the proposed
amendments to the City Zoning Ordinance and, following said hearing, made formal
recommendation to the City Council to approve the requested amendments; and
WHEREAS, on March 25, 2019, following notice and publication as required by law,
1
the City Council of the City of Paris conducted a public hearing on the proposed
amendments to the City Zoning Ordinance, and having considered the recommendations of
the Planning and Zoning Commission and the testimony and evidence introduced at said
public hearing, found and determined that approving the aforesaid amendments would be
consistent with the City Zoning Ordinance, and in the best interests of the public health,
safety, and welfare of the citizens of the City of Paris by a vote of _ ayes and _ nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Section 8-101, "Primary Residential Uses," of Zoning Ordinance
No. 1710 of the City of Texas, be, and the same is hereby amended to read as set forth in full
in "Exhibit A," which is attached hereto and incorporated herein by reference.
Section 3. That Section 8-102, "Special Uses," in Section 8, "Use of Land and
Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby
amended to read as set forth in full in "Exhibit B," which is attached hereto and
incorporated herein by reference.
Section 4. That Section 8-103, "Utility and Service Uses," in Section 8, "Use of
Land and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is
hereby amended to read as set forth in full in "Exhibit C," which is attached hereto and
incorporated herein by reference
Section 5. That Section 8-104, "Accessory and Incidental Uses," in Section 8, "Use of
Land and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is
hereby amended to read as set forth in full in "Exhibit D," which is attached hereto and
incorporated herein by reference.
Section 6. That Section 8-105, "Automobile Type Uses," in Section 8, "Use of Land
and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is
hereby amended to read as set forth in full in "Exhibit E," which is attached hereto and
incorporated herein by reference.
Section 7. That Section 8-106, "Retail and Service Type Uses," in Section 8, "Use of
Land and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is
hereby amended to read as set forth in full in "Exhibit F," which is attached hereto and
incorporated herein by reference.
Section 8. That Section 8-107, "Commercial and Service Uses," in Section 8, "Use of
Land and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is
2
hereby amended to read as set forth in full in "Exhibit G," which is attached hereto and
incorporated herein by reference.
Section 9. That Sections 12-100 in Section 12, "Specific Use Permits," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as
follows:
"Section 12-100. SPECIFIC USE PERMITS
The City Council of the City of Paris, Texas, after public hearing and proper notice to all
parties affected and after recommendations by the Planning and Zoning Commission may
authorize the issuance of specific use permits for the following types of uses in the
following districts:
(1) Airport landing field in any A, SF -1, SF -2, SF -3, 217, MF -1, MF -2, P, 0, NS, GR or
district.
(2) Antique shop in the 0 and NS Districts (and restaurant) cafeteria in the 0
district.
(3) Cemetery, columbarium, or mausoleum in any residential district and the GR
district.
(4) Cement, lime, gypsum or plaster of paris manufacture in the HI district.
(5) Concrete batching plant or asphalt batching plant in the LI district.
(Temporary plants subject to approval by ordinance of the City Council)
(6) Cotton gin in the HI district.
(7) Community unit development in the A, SF -1, SF -2, SF -3 and 2F districts where
the over-all density does not vary from the standards established for the district
in which the development is located.
(8) Commercial amusement (indoors) in the GR district.
(9) Columbarium in the CA district.
(10) College, university, convent or monastery in any one -family or two-family
district.
(11) Country club in any one -family or two-family district.
(12) Convent or monastery in any one -family or two-family district.
(13) Day camp in any one -family or two-family district or the GR district.
(14) Electric generating plant and other similar utility installation in SF -1, SF -2,
SF -3, 217, MF -1 and MF -2 districts.
(15) Fraternity or sorority in the A, SF -1, SF -2, SF -3, 2F and MF -1 districts.
(16) Radio and television broadcasting towers and transmitting station in all
residential districts and in the P, 0 and NS districts.
(17) Go-cart track, drag strip or commercial vehicle racing in the LI and HI
districts.
3
(18) Heliport in any A, SF -1, SF -2, SF -3, 217, MF -1, MF -2, P, 0, NS, GR, CA or PD
district.
(19) Hospital, convalescent home, residence home for aged in any one -family or
two-family district.
(20) Hotel or motel in the MF -2 district.
(21) Reserved. (Repealed by Ord. No. 2110, § 3, 9-11-72)
(22) Home for alcoholic, psychological or narcotic patients in the A, MF -1, MF -2,
GR and 0 districts.
(23) Institutions of a religious, educational or philanthropic nature not
specifically mentioned herein in any one -family or two-family district.
(24) Nursery school, day nursery or kindergarten school in the A, SF -1, SF -2, SF -3
and the 2F districts and the GR district.
(25) Recreational facilities in any residential district.
(26) Rock quarry, sand, gravel and caliche excavations in the LI or HI districts.
(27) Mortuary in the 0, NS and GR districts.
(28) Fairgrounds or exhibition area in the NS or GR districts.
(29) Livestock auction or commission house in the A, C or LI district.
(30) Petroleum refining and petrochemical manufacture in the HI district.
(31) Public or private utility not listed in all districts.
(32) Wastewater treatment plant in any district except LI and HI districts.
(33) Mobile home in the SF -3 district with the further restriction that single- wide
mobile homes may only receive a specific use permit for a period not to exceed
five (5) years with renewals permitted.
(34) Water treatment plant in any residential district and in the 0, P, or NS
districts.
(35) Wrecking or salvage yard in the HI district.
(36) Any use which is determined to come under the provisions of Section 8-201,
94 item g.
(37) Off -premises consumption sale of wine, beer or ale (wine and beer retail
sales store) as an accessory use to a grocery store in the NS, GR, C, CA, and PD(a)
districts.
(38) Off -premises consumption sale of all alcoholic beverages, package store in GR,
C, CA and PD(a) districts.
(39) Warehouse storage of beer, wine, or liquor for distributors with no retail sales
permitted on the premises in the LI and PD(c) districts.
(40) Dance hall, public, in the C, CA and LI districts.
(41) Heavy machinery sales and storage in the ESS district.
(42) Gasoline service stations in the C district.
(43) Auto fuel sales in the NS, GR and districts.
4
(44) Recreational facility (private) in the SF -1, SF -2, SF -3, 217, MF -1, MF -2, P, and
NS districts.
(45) Bed and breakfast historical residence in the 2F and MF -1 districts.
(46) Billboard and advertising signs in the GR, C, CA, LI and HI districts.
(47) Loading, unloading or trans loading of crude oil in Heavy Industrial (HI)
zoning districts.
(48) New or Used Car Lot (Open) in the CA district.
(49) Head shops must have a specific use permit (S) to locate in light industrial or
heavy industrial (HI) zoning districts in the City of Paris, Texas.
(50) Self-storage/mini warehouses must have a specific use permit (S) to locate in
a Commercial (C) zoning district in the City of Paris, Texas.
(51) Veterinary Clinic—Large Animals in the GR and C zoning districts.
(52) Veterinary Clinic—Small Animals in the 0 and GR zoning districts.
(53) Distillery producing less than 6,000 gallons per year in the GR and C zoning
districts.
(54) Trailer Rental or Sales in the C zoning district.
(55) Food Truck in the GR and C zoning districts.
(56) Tattoo Shop and Body Piercing Shop in the GR, CA, and PD districts.
(57) Household appliance service and repair in the GR district."
Section 10. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 11. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 12. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 13. That any person violating any provision of this ordinance shall be guilty
of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above -enumerated sections shall constitute
and be deemed a separate offense.
5
PASSED AND ADOPTED on by the City Council of the City of Paris, in regular
session on this the 25th day of March, 2019.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
C-
Steven J. Clifford, M.D., Mayor
Exhibit A
8-101 Primary Residential Uses
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Exhibit B
Section 8-102 Special Uses
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College,
University or
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Columbarium
S
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(private) with
S
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Golf Course
Convent or
S
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Monastery
B
Day Camp (4)
S
S
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Day Nursery or
Kindergarten
S
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Schools (5)
Fairgrounds or
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Garden or
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Institutions of
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Public
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Public Zones,
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Schools, Public
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1
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Facility
S S S
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(Private) (12)
Exhibit C
Section 8-103 Utility and Service Uses
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Public or Private
Utiand Storlities aBsteed S S S S S S S S S S S S S S
Areas and Shops
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Section 8-103 Utility and Service Uses
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(13)
Telephone Line
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Water Reservoir,
water Pumping
Station & Well
Water
Treatment Plant
Public or Private
Utilities Unlisted
and Storage
Areas and Shops
Exhibit D
Section 8-104 ACCESSORY AND INCIDENTAL USES
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Schedule of
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ACCESSORYAND INCIDENTAL USES
Accessory,
Residential
Dwelling Units
Accessory
Buildings (2)
Farm Accessory
Building
Sign, Special
Development
Home
Occupations
(45)
Off -Street
Parking
Intentional to
Main Use
Swimming Pool
(Private)
Servants,
Watchman or
Caretaker
Quarters
Community
Center, Private
(18)
Signs, Church
Bulletin Boards
& Schools (76)
Field Offices,
(Temporary)
(21)
Off -Premises
Consumption
Sale of Wine,
Beer or Ale
(Wine and Beer
Retail Sales
Store) as an
accessory use
to grocery store
(27) (Sec. 8-
301a)
Exhibit E
(Open)
Auto Sales F
and Repair
Auto
, a
Laundry
`Y
a
EXHIBIT D - 8-105 AUTOMOBILE TYPE USES
Drag Strip or
Commercial
S S
SF
SF
SF
4F
MF
MF
A
2F
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GR
C
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8-105 AUTOMOBILE TYPE USES
Automobile
Detailing
S
Shop
Commercial
Auto Parking
Lot
Truck
Parking Lot
New or Used
Car Lot
S
(Open)
Auto Sales F
and Repair
Auto
, a
Laundry
`Y
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Vk
Drag Strip or
Commercial
S S
Racing Z
Go -Cart
S S
Track
Wrecking or
S
Salvage Yard
Used Auto
Parts, Sales
in Building
Liquefied
Petroleum
Gas Sales
SF
SF
SF
4F
MF
MF
A
2F
P
0 NS
GR
C
CA
LI
HI
PD
PLI
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2
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1
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Service
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S
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Auto Fuel
Liquefied
Petroleum
Gas Sales
Exhibit F
8-106 RETAIL & SERVICE TYPE USES
A
SF
SF
SF
2F
4F
MF
MF
P
0 NS
GR
C
CA
Ll
HI
PD
PLI
ESS
HD*
1
2
3
1
2
Schedule of
Uses z
E
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E�
E
E
z
-E
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-E
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Z
Antique Shop
Bakery, Retail
Sales (22)
Bowling Alley
Cafeteria
Cleaning,
Dyeing and
Pressing Pickup
& Small Shops
(23)
Custom
Personal
Service Shop
(24)
Candy or Cake
Shop
Drapery Shops
Florist and
Garden shop
Greenhouse or
Nursery for
Retail Plant S S
Sales Florist
(25)
Handcraft Shop
Household
Appliance
Service and
Repair Shop
(26)
Laundry and
Cleaning Self -
Service
Automatic (27)
Microbrewery
Mimeograph,
Stationary or
Letter Shop
Mortuary and
Funeral Parlor
Offices,
Professional
and
Administrative
Off -Premises
Consumption
Sale of All
Alcoholic
Beverages,
Package Store
(38) Sec. 8-
301a)
Pawn Shop
Private Club
(60)
Restaurant
without Drive-
in Service
Restaurant with
Drive-in Service
Retail Stores
and Shops
offering Goods
for Sale (28)
Sexually
Oriented
Businesses
Studio for
Photographer,
Musician or
Artist
Studio for Radio
or Television
Tattoo Shop
and Body
Piercing Shop
Veterinary
Clinic—Large
Animals
Veterinary
Clinic—Small
Animals
Food Truck
MF MF
1 2
til 11
P
SF
SF
SF
CA
4F
A
1
2
3
2F
Schedule of
a
Q
Uses
E .c
E e
E •e
c
c
U
�L d
�•L 01
�L N
� + N
� N
O
O
= 0
3 q
l
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O
O
O
F
Offices,
Professional
and
Administrative
Off -Premises
Consumption
Sale of All
Alcoholic
Beverages,
Package Store
(38) Sec. 8-
301a)
Pawn Shop
Private Club
(60)
Restaurant
without Drive-
in Service
Restaurant with
Drive-in Service
Retail Stores
and Shops
offering Goods
for Sale (28)
Sexually
Oriented
Businesses
Studio for
Photographer,
Musician or
Artist
Studio for Radio
or Television
Tattoo Shop
and Body
Piercing Shop
Veterinary
Clinic—Large
Animals
Veterinary
Clinic—Small
Animals
Food Truck
MF MF
1 2
til 11
P
0 NS
GR
C
CA
LI
HI
, PD
PLI
ESS
HD*
a
Q
c
fi
o
CI
i
2,
i
Exhibit G
Section 8-107 COMMERCIAL AND SERVICE USES
Billboard and
Advertising
Sign (29)
Business Signs
and Pole Signs
(30)
Building
Material Sales
Cabinet or
Upholstery
Shop
Cleaning and
Dyeing Plant
Commercial
(31)
Cleaning Plant
Carpet and Bags
(With special
Equipment)
(31)
Commercial
Amusements
(Indoor)
Commercial
Amusements
(Outdoor)
(32)
Contractors
shop and
Storage Yard
Dance Hall,
Public
Distillery
producing 6000
gal./y and >
Distillery
producing <
6000 gal./y
Drive-in
Theatre
Engine and
Motor
Repairing
Food Store
x
SF SF
A
SF
2F
4F
MF
MF
P
0 NS
GR
C
CA
LI
HI
PD
PLI
ESS
HD*
1 2
3
1
2
Schedule of
o; r
°�
a
s ti
' y
Uses
�'
__ g
d :�
•r a
c
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c
a :�.
E c
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U
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v
i
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12
m m
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=
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eq
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R O'
a Q 3
cyp
c
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p a
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Z
c
q
:3W
L
SOC
8-107 Commercial and Service Uses
Bakery and
Confectionery
Commercial
Wholesale
Bottling Works
Billboard and
Advertising
Sign (29)
Business Signs
and Pole Signs
(30)
Building
Material Sales
Cabinet or
Upholstery
Shop
Cleaning and
Dyeing Plant
Commercial
(31)
Cleaning Plant
Carpet and Bags
(With special
Equipment)
(31)
Commercial
Amusements
(Indoor)
Commercial
Amusements
(Outdoor)
(32)
Contractors
shop and
Storage Yard
Dance Hall,
Public
Distillery
producing 6000
gal./y and >
Distillery
producing <
6000 gal./y
Drive-in
Theatre
Engine and
Motor
Repairing
Food Store
x
A
SF SF 2F
4F
MF
t
P
0 NS
GR
C
CA
LI
HI
PD
PLI
ESS
HD*
1 2 3 3
1
2
2
Schedule of 'a
,>
c
a
a
'a
a
C
a
L
c
c
a y
> o
o
Uses E
E S E E F .c
E
�°
c
"Ci
fi
C
�
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o
=Sri
N R ¢� `m 'm
3 3 3 0 3
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3
a
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a
=
m
CS
u43
h
x
c o e Q c q. 3 0
0 O O
o q
y Q
a
O
a
�y
a
V
r
y
K
W y
$ O
y
e
ry
V
U
ZI
m
Q
Heavy
Machinery Sales S
and Storage
Household
Appliances
Sales and
Storage
Job Printing
Laundry Plant
(Commercial)
Milk Depot,
Dairy or Ice
Cream Plant
Newspaper
Printing
Paint Shop (33)
Plumbing Shop
Railroad or Bus
Passenger
Station
Railroad Team
Track, Freight
Depot and
Docks
Scientific and
Research
Laboratories
Storage and
Repair of
Furniture and
Appliances
Inside a
Building
Storage and
Sale of
Furniture and
Appliances
Outside a
Building (34)
Self -Storage/
Mini -
Warehouse
Trailer Rental
or Sales
Trade and
Commercial
Schools
A SF SF SF 2F 4F MF MF P 0 NS GR C CA LI HI PD PLI
ESS HD* `
1 2 3 1 2
Schedule of
a c e
Uses E E E E o a i
ca-
a a a c a -c m a❑ y a
3 3 3 3 3 a 3 a 3 Q o `m x
yy o�1
m � >
a s
m m 0 �a as a -a
O O Q O C Q Q Z Q Z Q .19
tea, kp
Transfer
Storage
Wholesale
Office and
Sample Room
Warehouse
Storage of Beer,
Wine, or Liquor
for Distribution
with no Retail
Sales on the
Premises (sec.
8-301c)
* As permitted in designated zoning district classifications.
(Ord. No. 2074, § 1, 3-13-72; Ord. No. 2075, § 2, 3-13-72; Ord. No. 2095, § 2, 6-12-72; Ord.
No. 2110, § 9-11-72; Ord. No. 2559, § 1, 3-9-81; Ord. No. 2566, §§ 1, 2, 4-13-81; Ord. No. 85-
067, § 1a, 12-9-85; Ord. No. 89-005, § 1, 2-13-89; Ord. No. 89-031, § 1, 8-24-89; Ord. No. 90-
014, § 1, 4-9-90; Ord. No. 95-021, § 1, 6-12-95; Ord. No. 98-037, § 1, 8-10-98; Ord. No.
2003-019, § 4, 5-8-03; Ord. No. 2010-007, § 2, 2-8-10; Ord. No. 2012-017, 2, 6-11-12; Ord.
No. 2012-029, § 2, 10-8-12)
* As deleted in designated zoning district classifications: Ord. No. _.,, 04-11-16.