Section
175-39
USE
REGULATIONS
A.
Subject
to the standards and requirements set forth in this
Chapter, the following uses of land and buildings are permitted by
right
in the Community Business C-1 District:
(Ord.
No.
3-08 Amended 5-12-07-Effective Upon Passage)
1. Appliance stores
and repair services.
2.
Automobile
and truck sales lots and leasing
agencies, provided that all incidental repair of vehicles is conducted
in a
building enclosed on all sides.
3. Automobile service
stations in accordance with 175-110.
4. Bakeries when
products are sold at retail on the premises.
5. Banks, branch
banks and financial institutions.
6. Barber and beauty
shops.
7. Billiard parlors
and poolrooms.
8. Bowling alleys.
9. Car washing.
10. Churches.
11. Contractor's
offices, display rooms and storage.
12. Commuter parking
facilities.
13. Department stores.
14. Drugstores.
15.
Dwelling
units, in conjunction with
business establishments, located above the ground floor only.
16. Fire and rescue
squad stations.
17. Florist
shops/floral designers.
18. Funeral homes.
19. Furniture stores.
20. Gasoline Sales
(Retail), in accordance with the requirements of Section 175-110.
21. Grocery stores.
22. Hardware stores.
23. Laundries, Laundromats,
and dry cleaners.
24. Libraries.
25. Lumber and building
supply (with storage under cover).
26. Machinery sales and
services.
27. Motels, hotels, and
tourist homes.
(Ord. No. 3-08 Removed "boardinghouses
and
rooming
houses" 5-12-08-Effective Upon Passage)
28. Newspaper and other
printing establishments
29. Professional and
public offices, including veterinary hospitals.
30. Public
transportation facilities.
31.Public
utilities,
including poles, booster
and relay stations, distribution transformers, pipes, meters and other
facilities necessary for the provision and maintenance of public
utilities.
32. Radio and television
broadcasting stations, studios or offices.
33. Recreation Facility
(commercial).
34. Restaurants,
including drive-in restaurants.
35. Retail stores as
defined in Section 175-39D.
36. Single-family and
two-family dwellings, in existence on or before September 1, 1997.
37. Theaters, assembly
halls.
38. Wearing-apparel
stores.
39.
Such
other uses as determined similar to
one or more enumerated uses by the Zoning Administrator.
(Ord.
No.
18-86 Added “Car Washes” 11-10-86-Effective Upon
Passage)
(Ord.
No.
1-87 Amended
“Retail Stores” 1-12-87-Effective
Upon Passage)
(Ord.
No.
Z-8-90 Amended “Motels,
hotels, etc.” 5-14-90-Effective Upon Passage)
(Ord.
No.
4-08 Added “33 – 39” 7-28-08-Effective Upon Passage)
B.
Subject
to the standards and requirements set forth in this
Chapter, the following uses may be permitted upon authorization of the
Town
Council in accordance with Section 175-136.
(Ord.
No.
1-87 Added “B”
1-12-87-Effective Upon Passage)
(Ord.
No.
3-08 Amended “B” 5-12-08-Effective Upon Passage)
1. Shopping centers
as set forth in Section 175-111.
2.
Wholesale
establishments with storage and
processing, subject to the standards and criteria for industrial uses
provided
in Section 175-70.
3.
Day
Care Facilities and schools, subject to
the provisions of Section 175 -107.1F, and any necessary improvements
or
changes to address the considerations of that section.
(Ord.
No.
Z-7-89 Added
“Day Care Facilities & Schools”
10-23-89-Effective upon Passage)
4.
Apartments
or dwelling units, with four (4)
or more units or where located on the ground floor, subject to the
provisions
of Section 175-113.
5.
Farmers' markets, and flea markets subject
to the following provisions:
a.
Adequate
water and sanitary facilities
shall be provided if found necessary based on the size, frequency and
duration
of the market.
b. A minimum twenty-five (25) foot setback
shall be maintained from all property lines.
c.
No
adverse effect on adjoin properties,
including but not limited to excessive or untimely noise or lighting,
overflow
parking, or visual problems potentially affecting property values or
marketability,
is found.
(Ord.
No.
Z-7-01 Amended “c” 10-22-01-Effective Upon Passage)
d.
All
tables, facilities and structures shall
be maintained in a well-kept and attractive manner.
e.
Any
building and metal canopy frame
associated with and attached or semi-detached from such building used
for the
storage or sale of goods and materials and as the market operator's
office
shall be constructed on a permanent foundation and meet appropriate
building
code regulations; provide that any such building and metal canopy frame
in
existence prior to July 1, 2001, shall not be required to be on a
permanent
foundation or meet building code regulations except as additions and
enlargement are made thereon. No trailers or mobile home units
shall be
permitted.
(Ord.
No.
Z-7-01 Amended 10-22-01-Effective Upon Passage)
f.
All
temporary structures or facilities,
including but not limited to canopy frames except as provided in
sub-section
(e) above, table extensions and display shelving, shall be removed
during the
hours that the market is not in operation.
(Ord.
No.
Z-7-01 Amended 10-22-01-Effective Upon Passage)
g.
Operation
of the market shall be confined
to Saturday, Sunday, and Holidays, unless other dates are specifically
approved
by the Town Council in conjunction with the Special Permit. The
hours of
operation shall be posted on the property.
(Ord.
No.
Z-7-01 Added 10-22-01-Effective Upon Passage)
h.
Open
air markets shall only be conducted
during the months of April through October. During the period from
November 15
to March 15, all tables and other temporary fixtures shall be removed.
Such
fixtures may be stored on the site, provided they are located within a
completely enclosed building or otherwise screed from public view, in
accordance with Section 175-44(A). The provisions of this sub-section
(h),
shall not be applicable to any flea market in existence and operation
as of
July 1, 2001.
(Ord.
No. Z-5-85 Added “Farmers
Markets” 10-28-85-Effective Upon Passage)
(Ord.
No. Z-7-85 Added “Flea
Markets” 10-28-85-Effective Upon Passage)
(Ord.
No.
Z-7-01 Added “h” 10-22-01-Effective Upon Passage)
6.
Distribution
facilities, subject to the
standards and criteria for industrial uses provided in Section 175-70.
7.
Structures
with a height between 45 feet
and 70 feet, and any residential structure not in conformance with
the height limitation of Section 175-41.
8. Structures with a
gross floor area of 50,000 square feet or more.
9. Automobile garages,
involving major repair of motor vehicles.
10.
Townhouse-style
commercial development,
where it is intended to divide the property into individual lots.
11. Automobile Parking
Lots, commercial.
12. Parking Structures.
13.
Communications
towers and cable television
facilities, with wireless telephone (cell phone) communications tower
subject
to the supplemental provisions prescribed in Section 175-110.4.
(Ord.
No.
23-05 Amended 9-26-05-Effective Upon Passage)
14. Conversion of a
structure originally designed and intended for occupancy as a
single-family
dwelling into a
structure with more than one (1) dwelling.
15. Rest, convalescent
or nursing homes as set forth in Section 175-107.
16. Motor vehicle
painting and body work, subject to the provisions of Section 175-110.3.
(Ord.
No.
Z-9-99 Added “16” 10-25-99-Effective Upon Passage)
17.
Mini-warehouses,
located on property (or
that portion of property) setback at least 150 feet from the public
road,
subject to the following provisions:
a. No
exterior
storage shall be permitted.
b.
No
business activities other than rental of
storage units and office use shall be conducted on the premises or
within the
building, except as specifically approved with the special permit
approval.
The servicing or repair of motor vehicles, trucks, mobile homes,
boats,
trailers, lawn mowers, or other similar equipment shall not be
conducted on the
premises. The operation of a mini-warehouse shall in no way be deemed
to
include a transfer and storage business where the use of vehicles is
part of
such business.
c.
When
a mini-warehouse is built adjacent to
or within 100 feet of a lot in a residential district without an
intervening
street, a solid wall or fence at least six (6) feet in height with a
finished
side facing the residential lot shall be erected between the
mini-warehouse and
the residential lot. However, the wall or fence shall not be required
to extend
into the front yard required on the lot on which it is located.
d.
The
minimum landscaped open space for a
mini-warehouse building shall not be less than .20 times the gross
acreage of
the lot. Such landscaped open space shall not be open to
vehicular
traffic, and shall be used to buffer and shield adjacent uses from the
mini-warehouse operation. The required amount of open space may be
reduced with
the special permit approval for the reuse of an existing
building/developed
property.
e.
The
maximum height of the storage section
of a mini-warehouse building shall be twenty-five (25) feet.
f.
The
maximum total storage area in a
mini-warehouse building shall be seven thousand five hundred (7,500)
square
feet.
g. The
maximum size
of an individual storage unit shall be five hundred (500) square feet.
(Ord.
No. Z-5-01 Added “17
(a – g)” 4-9-01-Effective Upon Passage)
18. Lodging houses and
boarding houses.
(Ord.
No.
3-08 Added “18” 5-12-08-Effective Upon Passage)
19. Kennels
(Ord.
No.
14-09 Added “Kennels” 12-21-09-Effective Upon Passage)
20. Bed & Breakfast Uses set forth in
Section 174-107.3
(Ord.
No.
7-10 Added “Bed & Breakfast Uses...” 9-27-10-Effective Upon Passage)
1. Off-street parking
for uses permitted in this district.
2. Home occupations,
subject to the standards of Section 175- 108.1.
3. Signs, as set
forth in Section 175-106.
4.
Accessory
buildings and uses customarily
incidental to permitted uses, including portable storage containers as
set
forth in Section 175-109.2.
(Ord.
No.
19-05 Amended “4” 7-25-05-Effective Upon Passage)
D.
For
the purpose of this section, "retail stores"
are defined as buildings for the display and sale of merchandise at
retail or
for the rendering of personal services, but specifically exclusive of
coal,
wood and oil and lumberyards, accessory uses, adult bookstores (stores
engaged
in the sale of magazines and other publications of
sexually-oriented
nature), massage parlors and stores engaged in the sale of sexual aids,
devices
and merchandise.