§ 40-12. General Business District One, GB-1
(a) Sale of alcoholic beverages. A local option election was held on May 21, 1977, permitting the sale of alcoholic beverages, including mixed beverages within the city limits. At the time of the approval of this chapter, this applies to all areas of General Business, GB-1, with the exception of that tract of land annexed by ordinance No. 270, dated September 1992. This tract of land is zoned General Business One, GB-1, but a local option election has not been held for it. The following applies in a General Business District One, GB-1:
(1) A business that is permitted must have a retail on-premises consumption permit or license and less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code § 109.33(f)(1)). An example of this permitted use is a full service restaurant Upon the restaurant's annual renewal of license, a prepared written audit that shows that the gross sale of alcoholic beverages is less than 50 percent of the establishment's gross receipts and the license application will be presented to the building official prior to TABC renewal.
(2) A business that is permitted must have a retail off-premises consumption permit or license and less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code § 109.57(d)(2)). An example of this is a full service grocery store. Upon the store's annual renewal of license, a prepared written audit that shows that the gross sale of alcoholic beverages is less than 50 percent of the establishment's gross receipts less exclusions and the license application will be presented to the building official prior to TABC renewal.
(3) A business that is permitted must have a retail off-premises consumption permit or license, in accordance with TABC Regulatory and Penal Provisions. An example of this permitted use is an alcoholic beverage store.
(4) No establishment will be permitted that derives 75 percent or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code § 109.57(d)(2)). An example of this nonpermitted use is a public bar.
(b) Permitted uses. In a General Business District One, GB-1, no building or land shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided for in this chapter, except for one or more of the following uses:
(1) Automobile parts and accessory sales.
(2) Bakeries.
(3) Banks.
(4) Business or commercial schools.
(5) Day nursery.
(6) Drive-in restaurants, bowling alley and other similar places of entertainment.
(7) Drug store.
(8) Electronic service centers.
(9) Florist shop.
(10) Furniture store.
(11) Grocery and convenience stores.
(12) Greenhouses and retail nurseries.
(13) Hardware stores.
(14) Medical outpatient clinics.
(15) Hotels, motels, bed and breakfasts.
(16) Self-service laundries.
(17) Nursing homes.
(18) Office buildings.
(19) Personal service and neighborhood shops.
(20) Pharmacies.
(21) Printing and copying services.
(22) Public utilities.
(23) Radio and television broadcasting studios.
(24) Recreational vehicle sales.
(25) Video rental sales.
(26) Restaurants and other food service facilities that comply with this chapter.
(27) Alcoholic beverage stores that comply with this chapter.
(28) Resort marinas that comply with this chapter.
Any business not found mentioned in this subsection shall apply for review by the planning and zoning commission via the building official. Any business not listed above, but approved as a business by the city council will be added to the approved list Accessory buildings shall be permitted only in the rear yard except when the lot on which the main building is located backs up to residential zones, but in no case may any accessory building occupy a public utility easement.
(c) Height. No building shall be less than ten feet or more than 25 feet in height.
(d) Yard requirements.
(1) A front yard of not less than ten feet in depth shall be provided. More space may be required under section 40-16, parking.
(2) No rear yard shall be required, except when the property abuts, along its rear lot line, property zoned residential. Then a rear yard of not less than ten feet must be provided, and the subject property shall have a privacy fence installed and maintained by the commercial property owner along the rear property line where the abutment exists. In no case shall a building occupy any part of a public utility easement. Outside storage and trash receptacles shall be enclosed from view of the general public by a solid fence constructed of either masonry or wood. The fence shall be a minimum of six feet tall. Where a light industrial use abuts a residential district, a solid fence with a minimum height of eight feet shall be provided along the entire common boundary of the light industrial use and the residential district. No outside storage or trash receptacle shall be higher than the height of screening. All screening shall be maintained in a safe and sightly condition at all times. All commercial trash dumpsters shall be serviced from owner's property. All nonconforming commercial dumpsters must be in compliance within 90 days after the effective date of the ordinance from which this chapter is derived.
(e) Off-street parking. The number of spaces shall not be less than that specified in section 40-16
(f) Loading space requirements. Loading space shall conform to the provisions of section 40-16
(g) Portable and temporary buildings. Portable and temporary buildings shall be permitted, subject to compliance with all applicable ordinances related thereto; provided that a portable or temporary building of less than 500 square feet shall be allowed only when incidental to the construction of a permanent structure.
(h) Lighting. No use, operation, facility, premises or parking area shall be lighted in such a manner as to provide direct glare into an adjoining residential district. All lighting in the GB-1 district shall be hooded or shielded so that the light source is not directly visible from residential areas and public streets to avoid a hazard.
(i) Noise. Where a general business use abuts a residential district, noise shall not exceed the standards set forth in this subsection. Noise shall be measured at the common boundary of the general business district and the residential district. Measurement of sound shall be done with an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute. The maximum permitted sound levels measured in decibels for the Industrial District abutting residential uses shall be 95 decibels.
(Ord. No. 409, § XII, 8-24-2004; Ord. No. 409-D, § 2.D, 6-22-2010)