§ 152.225 INCUBATORS.
   (A)   Intent. The town recognizes the importance of stimulating economic activity for the citizens of the town and county. The very nature of incubators is one of shared support to facilitate starting a new business. It is also recognized that there is a wide array of uses that can be incorporated into an incubator setting, some permitted and some conditional and that these uses will rotate out according to their contact with the incubator organization. It is because of these conditional uses that we establish this section as a way of incorporating those into the conditional use permits process with minimal impact to the neighboring businesses and the community at large.
   (B)   Uses, permitted. All permitted uses in the Medical Educational Zoning District are allowed:
      (1)   Assisted living residences; residential care facilities;
      (2)   Animal hospital or veterinary clinic, excluding open kennels on the premises;
      (3)   Assembly halls, gymnasiums and similar structures as the principle use;
      (4)   Colleges, vocational and trade schools;
      (5)   EMS;
      (6)   Gift/novelty shop;
      (7)   Hospitals, medical clinics and offices (not to include drug or alcohol treatment facilities);
      (8)   Libraries, museums and art galleries;
      (9)   Music and dance studios;
      (10)   Pharmacy;
      (11)   Private kindergartens or nursery schools;
      (12)   Public parks, with associated facilities, such a playgrounds, swimming pools;
      (13)   Radio and television stations, studios and offices; and
      (14)   Schools - public elementary, junior high and high school, including private schools having a similar curriculum.
   (C)   Uses, additional permitted. The following are additional permitted uses in an incubator setting consistent with the definition stated above and the other terms of this section:
      (1)   Antique and consignment shops;
      (2)   Appliance sales and service, repairs;
      (3)   Bakery (sold on premises);
      (4)   Bicycle sales and repair;
      (5)   Coffee shop and/or dairy bar;
      (6)   Contractors office (only, no materials stored on site);
      (7)   Dry cleaning pick-up site, tailor (no actual dry cleaning activities);
      (8)   Financial institutions;
      (9)   Florists;
      (10)   General merchandise store less than 1,000 square feet;
      (11)   Locksmith;
      (12)   Medical supply store;
      (13)   Newspaper offices;
      (14)   Office supply and equipment - sales and service;
      (15)   Offices - business, professional and public;
      (16)   Personal care services - hair, nails, tanning, weight loss;
      (17)   Photographic studios and camera supply store;
      (18)   Printing, publishing and reproducing establishment;
      (19)   Restaurant, carry-out, delivery, sit-down;
      (20)   Shoe repair; and
      (21)   Web site design.
   (D)   Uses, conditional. All other uses are conditional and shall appear before the Board of Adjustment and meet the following criteria for approval prior to starting their business in an incubator.
      (1)   A Schedule B privilege license shall be required, as per § 110.16 of this code of ordinances, for each business that is part of the incubator.
      (2)   No uses shall be permitted that shall cause run-off of toxic chemicals from the site into the
town’s wastewater system or that would indirectly affect natural waterways.
      (3)   Parking shall be in accordance with the requirements set forth in this chapter.
      (4)   Observance of any restrictions for the Heritage District Overlay must be met and any proposed changes to the property shall require prior approval by the Preserve America Committee.
      (5)   Signs shall be in conformance with all of §§ 152.105 through 152.118 of this chapter. No parking of vehicles with advertising covering more than 50% of the vehicle shall remained parked on site after hours. No flashing signs, outdoor advertising or neon signage of any type shall be allowed. The incubator may use a non-electronic changeable copy sign for event advertising, as long as it complies with all other requirements of §§ 152.105 through 152.118 of this chapter.
      (6)   Waste receptacles shall follow the guidelines in § 152.136 of this chapter for all waste.
      (7)   No storage of any materials, parts, equipment, machinery and/or supplies shall be allowed
outside. All materials pertaining to a business must be stored on site with the business or in a designated storage room.
      (8)   Impact on neighboring properties. Businesses in the incubator shall not have a negative impact on the neighboring properties and must be found to be in harmony with the surrounding community.
      (9)   The educational component of the proposed conditional use must be demonstrated to the Board of Adjustment such that the Board of Adjustment finds such plan to be a credible and substantial component of the business undertaking.
      (10)   All incubators must submit an acceptable admissions criteria that outline and meet requirements for the following categories:
         (a)   Criteria for new or early stage business;
         (b)   Criteria for “distressed businesses”;
         (c)   Viability;
         (d)   Completed plan that outlines the following items:
            1.   A site plan of the property, to include the identification of neighboring properties;
            2.   A floor plan with the proposed uses of the spaces where possible;
            3.   Hours of operation of the incubator;
            4.   Proposed signage for the incubator;
            5.   A comprehensive parking plan;
            6.   A plan for solid waste disposal with screening;
            7.   A calculation of spaces identified for anchor businesses;
            8.   A landscaping plan;
            9.   A lighting plan; and
            10.   Specifications of the grease trap for the culinary school’s needs.
         (e)   Requirements for graduation;
         (f)   Employment opportunities;
         (g)   Professional environment;
         (h)   Fit in the community;
         (i)   Educational component;
         (j)   Experience;
         (k)   Cooperative environment;
         (l)   Limited duplication of existing businesses;
         (m)   Non-profit business;
         (n)   Criteria for admissions as an “established business”;
         (o)   Graduation requirements; and
         (p)   Criteria for “anchor businesses”.
(Ord. passed 3-14-2005; Ord. passed 6-11-2012; Ord. passed 9-10-2012; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 922)