Highlighted below: 37 of 41 extracted standards and 1 of 1 districts, chipped on their section headings. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

ARTICLE XII#

GENERAL BUSINESS DISTRICT B-3#

Sec. 42-335. - Statement of intent.#B-3

This district covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking other than stocking and delivery of light retail goods or by any nuisance factors other than occasioned by incidental light and noise of congregation of people and passenger vehicles. This district shall include such uses as retail stores, banks, theaters, business offices, newspaper offices, printing presses, restaurants and taverns and garages and service stations. In view of the extensive application of the district and the variety of conditions which may be anticipated, residential uses are permitted with a conditional use permit.

(Code 1972, § 30-77; Code 1992, § 30-99; Ord. No. 2004-4, § 30-77, 9-7-2004)

Sec. 42-336. - Permitted uses.#

In the B-3 General Business District, structures to be erected, or land to be used, may be for one or more of the following uses (Note: Activities or uses which instruct the reader to see a permitted use serve only as a cross reference to the list of permitted uses and associated conditions, if any. The listing of a cross reference in no way implies that the cross reference is a permitted use or activity. Listed permitted uses which instruct the reader to see also another permitted use or section of the zoning ordinance or town code are intended to refer the reader to additional information that is relevant to that permitted use.)

(1) Any principal use permitted in the R-3 Multiple-Family Residential District, with a conditional use permit, except that uses permitted as conditional uses in the R-3 District, but permitted as of right in the B-3 District, shall not require a conditional use permit. Dwellings are subject to the same requirements as in the R-3 District, except that a single-family dwelling in association with a permitted office, business or commercial use, in the same building or on the same premises for use by the proprietor or an employee of said business shall be permitted, but not subject to said requirements, including a family and one unrelated individual per unit; and for multifamily dwellings, the density of development shall not exceed the ratio of 20 dwelling units per gross acre. Residential development as part of a planned commercial development shall be subject to the requirements of section 42-341.

(2) Animal hospital, pet shop or pet grooming establishment.

(3) Retail stores, including sale of accessories, antiques, appliances, art or art supplies, beverages (alcoholic or otherwise), books, carpets, clothing, drugs, fabrics, flowers, food, furniture, hardware, jewelry, gifts, office supplies and stationery, shoes, paint, wallpaper, sporting goods, and similar stores and shops.

(4) Bakeries.

(5) Banks and other financial institutions.

(6) Dry cleaners, laundries and laundromats.

(7) Barber and beauty shops.

(8) Fitness center or health club.

(9) Home appliance services.

(10) Theaters and assembly halls.

(11) Hotels and motels, and bed and breakfast inns.

(12) Offices, business, professional or administrative.

(13) Churches and other places of worship.

(14) Public buildings to consist of fire, police and rescue squad stations, schools, recreational facilities, and libraries. Private buildings to consist of schools, recreational facilities, and libraries with a conditional use permit.

(15) Hospitals, general.

(16) Funeral homes and crematories.

(17) Automobile service stations.

(18) Clubs and lodges, with a conditional use permit.

(19) Auto and truck rental, sales and service. Also see Automobile service stations and Commercial garages.

(20) Restaurants, food handlers and caterers.

(21) Shoe repair or tailor shop.

(22) Plumbing and electrical supply with storage under cover.

(23) Printing and duplicating services.

(24) Rental of household items, tools and appliances.

(25) Lumber and building materials store, wholesale or retail, but not a lumberyard or manufacturer of brick or concrete blocks.

(26) Self-service storage compartments commonly known as miniwarehouses.

(27) Facilities and structures necessary for rendering utility service, including poles, wires, transformers, transmission lines, telephone booths and the like for normal electrical power distribution or communication service; communications antennas; amateur radio towers; meters and pipelines or conduits for electrical, gas, sewer or water service; pumping and regulatory stations; substations. Communications monopoles and major transmission lines are permitted with a conditional use permit.

(28) Off-street parking and loading; parking garages, with a conditional use permit.

(29) Signs in accordance with the sign ordinance in article XXIV, signs.

(30) Dancehalls, with a conditional use permit.

(31) Mobile home parks, with a conditional use permit. Also see article XVIII, mobile home parks.

(32) Mobile home sales, single- or double-wide, with a conditional use permit.

(33) Machinery and equipment sales, service and storage (but not junk), with a conditional use permit.

(34) Commercial garage and/or towing service, with a conditional use permit. Also see Auto and truck rental, sales and service and Automobile service stations.

(35) Contractors equipment storage yard or plant or rental of equipment commonly used by contractors (but not material storage), with a conditional use permit.

(36) Radio and television stations and studios or recording studios.

(37) Industrialized building units for business, institutional, security or construction purposes, with a conditional use permit. Conditional use permits shall not be required for construction trailers on active construction sites.

(38) The following listed uses, provided not more than 50 persons are engaged in actual production work, with a conditional use permit:

a. Assembly of electrical appliances, electronic instruments and devices, radios and phonographs and the manufacture of small parts, such as coils, condensers, transformers and crystal holders.

b. Commercial cabinet or woodworking shops; blacksmith shops and welding or machine shops.

c. Pharmaceutical, medical or dental laboratories.

(39) Carnival or fairgrounds, with a conditional use permit.

(40) Public billiard parlors and poolrooms, game rooms, bowling alleys, skating rinks, indoor and outdoor shooting ranges, paintball courses and similar forms of public amusement, with a conditional use permit.

(41) Greenhouse or nursery, commercial, wholesale or retail.

(42) Convalescent homes, rest homes, nursing homes and housing for the elderly and handicapped.

(43) Boardinghouses, with a conditional use permit.

(44) Child day care center.

(45) Campground, overnight, with a conditional use permit. Other permitted B-3 uses located upon the same property as the campground are permitted, provided that non-campground users do not traverse the campground areas to have access to these non-campground uses. Provided further that a fence or other suitable barricade and screening separates the campground from adjacent properties or uses.

(46) Recycling collection center with a zoning permit application and plan of operation approved by the administrator. The administrator may refer any proposed collection center application to the town planning commission or health official, or both, for their advice as to the desirability, practicability or health effects of any such center before issuing a zoning permit to any collection center applicant. Collection center zoning permits may be revoked at any time by the administrator or health official when such recycling center poses a threat to public safety, health or general welfare.

(47) Recycling, post-collection separation facilities, with a conditional use permit and a plan of operation approved by the administrator. In cases of doubt regarding the nature of a process or use, the administrator may require an engineering report describing the process or use and the probable impacts of the facility.

(48) Auction house, business, with a conditional use permit.

(49) Family day homes, with a conditional use permit.

(50) Kennels with a conditional use permit.

(51) Automobile upholstery shops, with a conditional use permit.

(52) Railroad yards and terminals, with a conditional use permit.

(53) Farmers' markets or flea markets, with a conditional use permit.

(54) Automobile auctions, with a conditional use permit.

(55) Tattoo parlors and body piercing establishments with approval of the county health department.

(56) Portable storage containers, in accordance with section 42-662.

(57) Janitorial services.

(58) Exterminating services with a conditional use permit.

(59) Personal service establishments.

(60) Loudspeaker/sound amplification/outdoor sound system to be used in excess of the town's noise ordinance, with a conditional use permit.

(61) Leisure and enrichment service.

(62) Microbrewery with capacity not to exceed 10,000 barrels per year.

(63) Microbrewery with capacity between 10,001 and 15,000 barrels per year, with a conditional use permit.

(64) Museums, art galleries and art studios.

(65) Planned commercial developments, subject to the requirements of section 42-341, with a conditional use permit.

Note: The following activities or uses serve only as a cross reference to permitted uses listed above which may or may not have conditions attached to the use. The listing of the following cross reference in no way implies that they are a permitted use or activity unless permitted elsewhere within this section.

Appliance service, see Home appliance services.

Bed and breakfast inns, see Hotels, motels.

Building material sales, see Lumber and building materials sales.

Equipment sales, service, etc., see Machinery and equipment sales and services.

Pet shops, see Animal.

Tourist homes, see Hotels, motels.

(Code 1972, § 30-78; Code 1992, § 30-100; Ord. of 9-6-1988; Ord. of 10-24-1989; Ord. of 7-2-1991; Ord. of 12-3-1991; Ord. of 12-17-1991(1); Ord. of 6-15-1993; Ord. of 6-2-1998; Ord. of 12-7-1999; Ord. No. 2000-2, 4-18-2000; Ord. No. 2001-1, 4-17-2001; Ord. No. 2001-4, 8-7-2001; Ord. No. 2004-4, § 30-78, 9-7-2004; Ord. No. 2005-1, 1-18-2005; Ord. No. 2006-1, 1-17-2006; Ord. No. 2006-6, 12-19-2006; Ord. No. 2007-1, 4-3-2007; Ord. No. 2008-4, 11-18-2008; Ord. No. 2008-6, 12-2-2008; Ord. No. 2012-3, § 30-100, 2-12-2012; Ord. No. 2012-6, § 30-100, 6-19-2012; Ord. No. 2012-10, § 30-100, 11-20-2012; Ord. No. 2017-7, 9-12-2017; Ord. No. 2018-4, 4-24-2018; Ord. No. 2018-5, 9-11-2018; Ord. No. 2019-4, 3-12-2019; Ord. No. 2019-6, 6-25-2019)

Sec. 42-337. - Area.#

There shall be no minimum area required; except that the required area for permitted uses utilizing individual sewage disposal systems shall be approved by the health official and except that residential uses shall comply with the lot area and width requirements of the R-3 District§. The administrator may require a greater area, if considered necessary by the health official.

(Code 1972, § 30-79; Code 1992, § 30-101; Ord. No. 2004-4, § 30-79, 9-7-2004)

Sec. 42-338. - Setback.#

Structures, temporary or permanent, shall be located 30 feet or more from any street right-of-way, or, in the event that buildings are already constructed on the same side of the street in the block, no new structure shall be closer to the street right-of-way line than a distance equal to the average of the distance to the street right-of-way of all existing structures in the same block on the same side of the street. This shall be known as the setback line. See article XVII for special setback regulations pertaining to the widening of highways and streets. See section 42-15 for special regulations pertaining to structural projections into the minimum required setback. The minimum building setback from any common area shall be ten feet.§ Parking lots shall have a minimum setback of 15 feet from any street right-of-way.§ Restaurant outdoor dining areas shall have a minimum setback of 15 feet from any street right-of-way.§

(Code 1972, § 30-80; Code 1992, § 30-102; Ord. of 4-3-1990; Ord. No. 2001-5, 11-6-2001; Ord. No. 2002-2, 3-5-2002; Ord. No. 2004-4, § 30-80, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2020-4, 1-12-2021)

Sec. 42-339. - Frontage and yards.#

(a) Lots need not abut or adjoin a public street right-of-way, provided vehicular or pedestrian access is provided to a public street right-of-way through a perpetual unobstructed paved easement or parking area of at least 30 feet in width for vehicular access§ or ten feet in width for pedestrian access§. Other access designs may be approved by the administrator with consideration being given to overall site conditions and traffic patterns in keeping with article XXI, site plan review.

(b) If a development includes common areas in addition to the individual lots, the common areas shall be maintained by, and be the sole responsibility of, the developer-owner of the development until such time as the developer-owner conveys such common area to a nonprofit corporate owner whose members shall be all of the individual owners of the individual lots in the development. Said land shall be conveyed to, and be held by, said nonprofit corporate owner solely for the benefit of the owners of the individual lots in the development. In the event of such conveyance by the developer-owner to a nonprofit corporate owner, deed restrictions and covenants shall provide, among other things, that any assessments, charges for cost of maintenance of such common areas shall constitute a pro rata lien upon the individual lots. Maintenance to exteriors, lawns, special lighting and drainage shall be provided in a manner so as to discharge any responsibility for the town.

(c) Whenever any development containing common area is proposed by a developer, and before any permit for the erection of structures shall be granted, the developer, or his agent, shall apply, in writing, to the agent for the approval of the plat and submit three copies of the plat, including the lot, street and utilities layout to a scale of not less than one inch equals 50 feet. No lots shall be sold until a final plat for the development shall have been approved by council and recorded in the office of the clerk of the county within 60 days after notification of final approval by the agent; otherwise, the approval shall become invalid.

(d) Provisions shall be made to ensure that nonpublic areas for the common use of occupants shall be maintained without expense to the town.

(e) No business or commercial building or structure, temporary or permanent, shall be located closer than 20 feet to the boundary of a residential district§ or located within any easement or right-of-way. Residential development shall comply with all frontage, lot, yards and development standards for similar development in the R-3 Multiple-Family Residential District, unless such residence is part of the business building or structure.§

(f) A minimum of 20 percent of the site shall be reserved for greenspace landscaping§ with no more than 50 percent of the greenspace in grass alone§. The greenspace shall contain trees with a minimum height, at time of planting, of six feet or more§ at the ratio of one tree per 400 square feet or less of greenspace area§. Such greenspace is to be distributed uniformly around the perimeter of the site or distributed throughout the parking and pedestrian areas.

(g) A landscaping plan with all areas drawn to scale shall be submitted as part of the site plan.

(h) Preservation of existing trees is encouraged and shall be credited toward the landscaping requirement.

(i) Sidewalks shall be required for all new development.§ In lieu of sidewalks, an owner or developer may provide a paved multi-use trail if approved by the town manager. The trail must be a minimum of ten feet in width§ and adjoin the street right-of-way. A trail must run the entire road frontage of the parcel. In the absence of unreasonable hardship, the town manager will not approve a trail for parcels whose adjoining parcels have sidewalks such that a trail connects to a sidewalk. The zoning administrator/town manager may waive this requirement in circumstances that sidewalks do not provide desired connectivity and/or are not physically practical due to site limitations, provided the owner/developer makes a contribution in an amount approximate to the sidewalk installation cost to the town to be utilized for sidewalk improvements and/or repairs in other locations. The zoning administrator/town manager may refer the decision regarding the connectivity and/or practicality to the planning commission should there be any doubts. The town manager/town engineer shall make the determination of the approximate sidewalk installation cost.

(j) Structural projections into minimum required yards shall be permitted in accordance with section 42-15.

Sidewalks shall be required whenever a new principal building is built or an existing principal building is renovated or expanded sufficiently to increase its value by 25 percent before a certificate of occupancy may be issued.§

(Code 1972, § 30-81; Code 1992, § 30-103; Ord. of 5-2-1989; Ord. of 6-20-1989; Ord. of 7-2-1991; Ord. of 6-2-1998; Ord. No. 2001-5, 11-6-2001; Ord. No. 2004-4, § 30-81, 9-7-2004; Ord. No. 2013-6, § 30-103, 5-7-2013; Ord. No. 2015-1, 4-28-2015; Ord. No. 2020-4, 1-12-2021)

Sec. 42-340. - Height.#

No structure shall exceed 45 feet in height, except as provided in section 42-16.

(Code 1972, § 30-82; Code 1992, § 30-104; Ord. No. 2004-4, § 30-82, 9-7-2004)

Sec. 42-341. - Planned commercial developments.#

(a) The purpose of this section is to provide for the development of planned commercial developments in the B-3 General Business District. The planned commercial development is intended to permit flexibility in the development of a tract of land for commercial uses, and to encourage the creation of a superior commercial environment through the application of sound planning and design principles. The planned commercial development is intended to promote economic efficiency and to provide for a stable, taxable base. The planned commercial development is intended to encourage the preservation of open space and the protection of natural features of the site, and to encourage the provision of amenities for the public.

(b) A planned commercial development may be permitted in the B-3 General Business District, subject to the requirements of this section and the issuance of a conditional use permit therefor, when the development is determined by the town council to be in the public interest and consistent with the comprehensive plan. The town council may impose such conditions as it deems necessary to ensure that the development will be in the public interest.

(d) The following uses shall be permitted in a planned commercial development:

(1) Any principal use permitted in the B-3 General Business District.

(2) Residential uses, subject to the requirements of subsection (e) of this section.

(e) Residential uses in a planned commercial development shall be subject to the following requirements:

(1) The density of residential development shall not exceed 20 dwelling units per gross acre.

(2) Residential uses shall be located and designed so as to be compatible with the commercial uses in the development and with surrounding land uses.

(3) Residential uses shall be provided with adequate open space and recreational facilities.

(f) The following standards shall apply to planned commercial developments:

(1) The development shall be designed as a unified whole, with a coherent circulation system, coordinated landscaping, and compatible architectural treatment of buildings.

(2) The development shall provide for the safe and efficient movement of vehicular and pedestrian traffic, both within the development and to and from the development.

(3) The development shall provide for the adequate provision of utilities, including water, sewer, and stormwater management.

(4) The development shall provide for the preservation of significant natural features of the site, including trees, streams, and wetlands.

(5) The development shall provide for the installation of public improvements, including streets, sidewalks, and streetlights, in accordance with town standards.

(g) An application for a planned commercial development shall be submitted to the zoning administrator and shall include the following:

(1) A site plan prepared in accordance with article XXI, site plan review.

(2) A statement describing the proposed development, including the nature of the uses, the number of dwelling units, if any, and the proposed development schedule.

(3) Such other information as the zoning administrator or the planning commission may require.

(h) The planning commission shall review the application for a planned commercial development and shall make a recommendation to the town council. The town council shall hold a public hearing on the application and shall approve, approve with conditions, or deny the application.

(i) A conditional use permit for a planned commercial development shall be issued only after the site plan has been approved by the town council. The conditional use permit shall be subject to the conditions imposed by the town council and to the approved site plan.

(j) The approved site plan shall be binding on the applicant and all subsequent owners of the property. Any change to the approved site plan shall require the approval of the town council.

(k) The town council may require the applicant to post a performance bond or other security in an amount sufficient to ensure the installation of public improvements.

(l) The town council may revoke a conditional use permit for a planned commercial development upon a finding that the applicant has failed to comply with the conditions of the permit or the approved site plan.

(Code 1972, § 30-83; Code 1992, § 30-105; Ord. No. 2004-4, § 30-83, 9-7-2004)

ARTICLE XII#

GENERAL BUSINESS DISTRICT B-3#

Sec. 42-335. - Statement of intent.#