[R.O. 2011 §400.040; Ord. No. 054-87 §III, 10-21-1987; Ord. No. 320-94 §I, 7-6-1994]
A.
In
order to classify, regulate and restrict the locations of trades,
industries, and the location of buildings designed for specific uses;
to regulate and limit the height and bulk of buildings hereafter erected
or structurally altered; to regulate and determine the areas of yards,
courts, and other open spaces surrounding such buildings, the City
of Byrnes Mill is hereby divided into districts, of which there shall
be nine (9) in number known as:
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"A"
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Agricultural District
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"R-1"
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Single-Family Residential District
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"R-2"
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Single-Family Residential District
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"R-3a"
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Multiple-Family District
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"R-3b"
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Multiple-Family District
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"MH"
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Mobile-Home Park District
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"B-1"
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General Commercial District
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"I-1"
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Light Industrial District
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"I-2"
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Light Industrial District
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B.
All territory which may hereafter be annexed to the City of Byrnes Mill shall be classified in the "R-1" Single-Family Residential District until, within ninety (90) days following the annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Article III of this Chapter.
[R.O. 2011 §400.050; Ord. No. 054-87 §III, 10-21-1987]
A.
The
boundaries of the zoning districts established within the City of
Byrnes Mill are shown upon the Zoning District Map of the City of
Byrnes Mill, which accompanies and is made a part of this Chapter.
Said map and all information, notations, and references shown thereon
shall have the same force and effect as if all were fully set forth
or described herein. The original of the Zoning Map is properly attested
and is on file with the City Clerk of the City of Byrnes Mill.
B.
Whenever
any street or other public way is vacated by official action of the
City of Byrnes Mill, the zoning district adjoining each side of such
street or public way shall automatically be extended to the center
of such vacation and all area included in the vacation shall then
and henceforth be subject to all appropriate regulations of the extended
districts.
C.
Where
uncertainty exists with respect to the boundaries of the various districts
shown on the District Map, the following rules shall apply:
1.
Where a boundary line is given a position within a street, alley
or stream, it shall be deemed to be in the center of the street, alley
or stream, and if the actual location of such street, alley or stream
varies slightly from the location as shown on the Zoning District
Map, then the actual location shall control.
2.
Where a boundary line is shown on the Zoning District Map as being
located a specific distance from a street line or other physical feature,
this distance shall control.
3.
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be the lot lines,
and where the districts designated on the Zoning District Map are
bounded approximately by lot lines, said lots lines shall be construed
to be the boundary of the districts unless the boundaries are otherwise
indicated on the map.
4.
In subdivided property, unless otherwise indicated, the district
boundary line shall be determined by the use of the scale contained
on the Zoning District Map.
[R.O. 2011 §400.060; Ord. No. 054-87 §III, 10-21-1987]
A.
Except
as hereinafter provided:
1.
No building or structure shall be erected, converted, enlarged, reconstructed,
moved or structurally altered nor shall any building or land be used
except for a purpose permitted in the district in which the building
or land is located.
2.
No building or structure shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, except in conformity with the height,
yard, area, parking and other regulations prescribed herein for the
district in which the building is located.
3.
The minimum yards, lot areas, and other open spaces, and parking
spaces required by this Chapter, shall be provided for each and every
building or structure hereafter erected, and such minimum yards, lot
areas, open spaces, and parking spaces for each and every building
or structure whether existing at the time of passage of this Chapter
or hereafter erected shall not be encroached upon or be considered
as a yard, lot area, open space, or parking requirement for any other
building or structure.
4.
In no case shall there be more than one (1) main building on one
(1) lot except as specifically provided in this Chapter.
5.
Medical Marijuana Facilities, as outlined in Section 400.020, shall request a special use permit (See Section 400.605) accompanied by a detailed site plan to be presented to the Planning and Zoning Commission. The site plan must state the zone in which the facility will be located, location of the proposed structure within the land lot with distances in feet to the lot perimeters, proposed landscape or other buffering and utility easements shown. Property owners and use of surrounding properties must be shown. If plans are approved by the Planning and Zoning Commission a Public Hearing will be held prior to approval by the Board of Alderpersons.
[Ord. No. 909-19, 10-2-2019]
6.
Medical Marijuana (MMJ) Facilities shall be located in zones designated
as Commercial ("B-1") or light industrial ("I-1" or "I-2"), or Agricultural
Zones requiring a two hundred (200) foot buffer to Residential Zones.
[Ord. No. 909-19, 10-2-2019]
7.
The Medical Marijuana Facility cannot be located within two hundred
(200) feet of a church, school, or daycare/pre-school center.
[Ord. No. 909-19, 10-2-2019]
8.
No marijuana related facility or use shall emit an odor or in any
way cause a public nuisance. Appropriate systems shall be required
to prevent any odor of marijuana or fumes from leaving the facility.
[Ord. No. 909-19, 10-2-2019]
9.
Marijuana cultivation and processing activities shall occur only
within an enclosed building.
[Ord. No. 909-19, 10-2-2019]
10.
Marijuana dispensing and facility waiting areas must be located in
a separate building away from any growing, testing, or processing
areas of the facility.
[Ord. No. 909-19, 10-2-2019]
11.
A landscape buffer approved by the Planning and Zoning Commission
and the Board of Alderpersons may be required.
[Ord. No. 909-19, 10-2-2019]
12.
Persons under the age of eighteen (18) are prohibited from entering
any part of the medical marijuana premises.
[Ord. No. 909-19, 10-2-2019]
13.
The consumption of medical marijuana as well as alcohol on the premises
of an MMJ facility is prohibited.
[Ord. No. 909-19, 10-2-2019]
14.
MMJ facilities are required to provide such security systems, including,
but not limited to, surveillance cameras, inventory control, a locking
safe, and alarm systems, as determined by the Byrnes Mill Police Department
("BMPD"). MMJ facilities shall provide an emergency contact to the
BMPD. BMPD shall have the authority to inspect and review an MMJ facility's
security system at any time upon reasonable notice and at any time
the facility is open or operating. Failure to maintain a security
system satisfactory to the BMPD shall result in a cessation of operations
until such system performs to the sole satisfaction of the BMPD.
[Ord. No. 909-19, 10-2-2019]
15.
All facilities are required to obtain a City of Byrnes Mill business
license.
[Ord. No. 909-19, 10-2-2019]
