Effective April 19, 2002

 

ARTICLE 19 - “B-2" - GENERAL BUSINESS DISTRICT 

PREAMBLE 

This district has been established to provide for retail and service establishments serving the needs of a larger consumer population than served by the “B-1" District.  This District also provides for commercial and recreational activities. 

SECTION 1901          PRINCIPAL PERMITTED USES 

Any commercial retail sales or service activity, such as those enumerated below as examples, which fulfills all the requirements of the other sections of this Article. 

1. Agriculture implement sales and services

2. Antiques

3. Appliance sales and services

4. Art and school supplies

5. Automobile accessories (see note #1)

6. Automobile washing (see note #1)

7. Bakeries, retail

8. Barber and beauty schools

9. Barber and beauty shops

10. Bicycle sales, rental and repair

11. Blue printing, photo copying, and photo finishing

12. Book stores and card shops

13. Bowling alleys (see note #1)

14. Bridal consultants

15. Computer sales and service

16. Cameras - photo supplies

17. Candy and confectionery

18. Carpet and floor covering

19. Catering services (see note #1)

20. China, glassware

21. Cigarettes, cigars, tobacco

22. Community centers

23. Costume rental

24. Dairy products - retail

25. Dancing schools (see note #1)

26. Delicatessen

27. Draperies

28. Dressmaking, seamstress

29. Driver training schools

30. Drug stores

31. Dry cleaning and laundromats (self-service)

32. Dry cleaning and laundry pick-up stations, including package dry cleaning plants (see note #1)

33. Exterminating services

34. Fabric stores

35. Farm supply stores

36. Florists

37. Furniture and home furnishings (see note #1)

38. Furniture and upholstery repair

39. Gift shops

40. Government facilities

41. Hardware

42. Heating, air conditioning, electrical and plumbing supplies, service and repair (see note #1)

43. Hobby shops

44. Interior decorating shops

45. Indoor recreation and sports facilities, excluding any adult entertainment (wholly enclosed places of recreation not heretofore appearing as a permitted use) (see note #1)

46. Lawn mower sales, service and repair (see note #1)

47. Leather goods, luggage

48. Locksmiths

49. Mail order catalog stores

50. Music, musical instruments, music schools (see note #1)

51. Offices

52. Office furniture and supplies

53. Optical goods

54. Paint, glass and wallpaper

55. Party supplies

56. Pet sales and supplies

57. Photo studios

58. Electronics sales and service (see note #1)

59. Restaurants (see note #1)

60. Shoe repair

61. Specialty food stores

62. Sporting goods

63. Tailor shops

64. Taxidermists

65. Tent and awning sales and service

66. Travel bureaus and ticket offices

67. Watch, clock and jewelry sales and service

68. Wig shops

69. Window cleaning services

NOTE #1: Building or structure must be located two hundred (200) feet or more from land zoned or used for residential purposes. 

SECTION 1902          ACCESSORY USES 

A. Accessory uses, buildings or other structures customarily incidental to any of the foregoing permitted uses. 

B. Signs as regulated by Article 41 of this Resolution. 

C. Temporary buildings or structures for uses incidental to construction work, which buildings or structures shall be removed upon the completion or abandonment of the construction work. 

SECTION 1903          CONDITIONAL USES 

The following uses and their customary accessory buildings, structures or uses, subject to approval by the Board of Zoning Appeals, as set forth in Article 4 of this Resolution. 

A. Auction house 

B. Automobile service stations–provided all activities, except refueling, shall be conducted within a completely enclosed building and providing further that service station is located adjacent to an arterial street.  (See note #1) 

C. Automobile rental and lease 

D. Automobile repair garages

E. Automobile and truck sales, new and used (elevated stands used for the display of an automobile or truck shall be prohibited). 

F. Boat and marine equipment sales, rental and service. 

G. Department stores (see note #1). 

H. Eating places (drive-in). 

I. Equipment rental services (not including auto, truck & trailers) (see note #1). 

J. Funeral homes. 

K. Garden stores, garden centers, greenhouses and nurseries. 

L. Government facilities 

M. Motorcycle sales and service.

N. Outdoor recreation (non-enclosed places of recreation or amusement not heretofore appearing as a permitted use). 

O. Service clubs (see note #1) 

P. Theaters (see note #1) 

Q. Utility trailer sales and rentals. 

                                    Note #1: Building or structure must be located two hundred (200) feet or more from land zoned or used for residential purposes.

SECTION 1904          DEVELOPMENT STANDARDS 

In addition to the provisions of General Regulations, the following standard for arrangement and development of land and buildings are required in the “B-2" General Business District.

A. HEIGHT REGULATIONS 

No building or structure shall exceed forty (40) feet or four (4) stories in height. 

B. LOT AREA, FRONTAGE AND YARD REQUIREMENTS 

The following minimum requirements shall be observed:

Lot Area   –   None

Lot Frontage  – None

*Front Yard Depth  – 60 feet 

1. Side Yard: 

None, when the side lot adjoins another lot in a “B” District.  Forty (40) feet when the side lot line adjoins a lot in an “RA”or “RT” District.  When a side lot line adjoins a lot in any “R” District, then equal to the required depth of the rear yard in said adjoining “R” District. 

2. Rear Yard: 

None, when the rear lot line adjoins another lot in a “B” District.  Forty (40) feet when the rear lot line adjoins a lot in an “RA” or “RT” District.  When rear lot line adjoins a lot in any “R”: District, then equal to the required depth of rear yard in said adjoining “R” District. 

The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan for Montgomery County. 

SECTION 1905          REQUIRED CONDITIONS 

No zoning certificate shall be issued for a “B-2" District use until the applicant shall have certified to the Zoning Administrator that: 

A. The business activity will be conducted wholly within a completely enclosed building or structure, unless otherwise approved by the Board of Zoning Appeals.

_________________

*The front yard depth shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan for Montgomery County.

SECTION 1905          REQUIRED CONDITIONS (continued) 

B. The business establishment shall not directly offer goods, services, food, beverages or make sales to customers in automobiles, except for drive-through windows which will be provided with adequate driveway space on the premises for waiting vehicles. 

C. No manufacturing, processing, packaging, repair or treatment of goods, shall be carried on, except when incidental or accessory to the performance of services or the sale of goods to the public on the premises. 

D. Exterior lighting shall be shaded and full cutoff fixtures used wherever necessary to avoid casting direct light upon any property zoned or used for residential purposes, or upon any public street. 

E. All premises shall be furnished with all-weather hard surface walks of a material such as bituminous or portland cement concrete, wood, tile, terrazzo or similar material, and except for parking areas, the grounds shall be planted and landscaped. 

F. Where the property lines separate a Business District from land zoned or used for residential purposes and the business activity is being conducted at fifty (50) feet or less distance from the residential property line, a visual and mechanical barrier, a minimum of four (4) feet and a maximum of eight (8) feet in height shall be provided and maintained by the business concern along the common lot line if requested by one of the property owners or lessees.  This request may be made in writing to the Zoning Administrator within a twelve (12) month period after the establishment of or the intensification of the business activity.  The visual and mechanical barrier may consist of any of the following: 

1. An evergreen hedge or dense planting of evergreen shrubs at least four (4) feet thick and maintained in good condition.  Until the density shall be sufficient to prevent children and adults from passing through, the Board of Zoning Appeals may require wire fencing or other types of protection as a temporary measure. 

2. A masonry wall. 

3. Other materials and methods as approved by the Board of Zoning Appeals. 

G. Off-street parking and loading and/or unloading shall be provided in accordance with Article 43 of this Resolution.

H. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed container which must be screened from surrounding properties as per General Regulations. 

I. No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of Article 44 of this Resolution. 

J. No emission of toxic or noxious matter which is injurious to human health, comfort or enjoyment of life and property to animal or plant shall be permitted.  Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the business involved shall be taken. 

K. The emission of smoke or other air pollutants shall not violate the standards and regulations of the Montgomery County Combined General Health District.  Dust and other types of air pollution borne by the wind shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means. 

L. There will be no emission of odors or odor causing substances which can be detected without the use of instruments at or beyond the lot lines. 

M. There will be no vibrations which can be detected without the use of instruments at or beyond the lot lines. 

N. Maximum size of any building shall be fifty thousand (50,000) sq. ft., including multi-unit buildings. 

O. Minimum distance between two buildings shall be as follows: 

    Combined Sq. Ft.                                                    Distance

0 - 24,999                                                           10 ft.

     25,000 - 49,999                                                         25 ft.

     50,000 - 74,999                                                         50 ft.

     75,000 - 100,000                                                       75 ft.

P. A minimum of sixty-five percent (65%) of each side of the exterior of the building shall be full-sized standard brick, decorative masonry unit, or stone, excluding windows and doors.  The remaining thirty-five percent (35%) of the exterior finish materials shall not be concrete block.  Brick or stone must be earth tone and not painted material.  Samples of materials shall be submitted for approval. (Note: Under the Planned Development District, other building materials and colors may be submitted for consideration providing they are architecturally compatible with the surrounding neighborhood). 

Q. Mechanical equipment, transformers, and other utility hardware shall be screened from public view with materials harmonious with the building or landscaping. 

R. Dumpster, trash, and recycling receptacles must be enclosed by brick, decorative masonry unit, or stone on three (3) sides and of a color harmonious with the building.  Dumpsters shall be located to the side or behind the building. 

S. Green space shall be a minimum of twenty percent (20%) of the land area and shall not be used or occupied by permanent building, structures, or parking.  A minimum of one-half of the required green space shall be located within the parking area, excluding dumpsters, signs and sidewalks. 

T. Earth tone base and accent colors shall be used. 

SECTION 1906          SIGN REQUIREMENTS 

The following standards are in addition to the requirements of Article 41 of this Resolution, Sign and Billboard Regulations.  Where there are conflicting regulations, the most restrictive shall apply: 

A. Signs shall be an integral design component of the building architecture, building materials, landscaping and overall site development. 

1. Attached signs shall be integrated with the primary physical features of the building and should not be incongruous to the building architecture.