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.
11. Contractor's offices, display rooms and storage.
12. Commuter parking facilities.
13. Department stores.
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.
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)
(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)
Accessory uses permitted.
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.