(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
LOCAL BUSINESS USES. Commercial uses primarily of a retail or service nature.
(B) The following classification of business uses specifically stated or implied in divisions (B)(1) through (B)(11) below are permitted in LB, GB, SC and I Districts. The business uses specifically stated or implied in division (B)(12) below are permitted in A, B and C Districts if the joint approval of the town Plan’s Commission and the Council is given or if the sole approval of the Council is given according to the procedure hereinafter set out:
(1) Automobile service:
(a) Filling station;
(b) Commercial garage;
(c) Commercial parking lot;
(d) Sales room;
(e) Open automobile or trailer sales area; and
(f) Automobile repair, entirely within enclosed buildings.
(2) Business service:
(a) Bank;
(b) Postal station; and
(c) Telegraph office.
(3) Clothing service:
(a) Laundry agency;
(b) Self-service;
(c) Dry-cleaning establishment using not more than two clothes-cleaning units, neither of which shall have a rated capacity of more than 40 pounds using cleaning fluid which is non-explosive and non-inflammable;
(d) Dressmaking;
(e) Millinery;
(f) Tailor and pressing shop; and
(g) Shoe repair shop.
(4) Equipment service:
(a) Radio shop;
(b) Electric appliance shop; and
(c) Record shop.
(5) Food service:
(a) Grocery;
(b) Meat market;
(c) Supermarket;
(d) Delicatessen;
(e) Restaurant;
(f) Cold storage lockers, for individual use;
(g) Bakery; and
(h) Roadside sales stand.
(6) Personal service:
(a) Barber shop;
(b) Reducing salon; and
(c) Photographic studio.
(7) Retail service, retail stores generally:
(a) Drug store;
(b) Hardware;
(c) Stationer;
(d) Newsdealer;
(e) Show room for articles to be sold at retail;
(f) Commercial greenhouse not exceeding 1,000 square feet in area;
(g) Apparel shop; and
(h) Flower shop.
(8) Commercial recreational uses, conducted only within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building:
(a) Theater;
(b) Bowling alley;
(c) Billiard room;
(d) Dancing academy; and
(e) Tavern or night club, only in conformity with requirements of laws or ordinances governing this use.
(9) Hotel;
(10) Private club or lodge;
(11) Advertising sign or billboard; and
(12) Miscellaneous local business uses:
(a) Office;
(b) Physician’s office;
(c) Attorney’s office;
(d) Antique shop;
(e) Accountant’s office;
(f) Tax preparation office; and
(g) Beauty shop.
(C) The height of buildings for local business uses shall be as follows.
(D) Yard sizes for local business uses shall be as follows.
(1) Front yard.
(2) Side yard.
(a) Along the side street line of a corner lot in an LB District, where the block is adjoined by a residential block, the minimum dimension shall be five feet.
(b) Where an LB District adjoins an S, A, B or C District within the block, there shall be a side yard of at least five feet.
(c) In blocks included entirely in LB, GB or I Districts, no side yards are required. However, if a side yard is provided, the minimum dimension shall be four feet.
(3) Rear yard. The rear yard shall be 10% of the depth of the lot, except for businesses set forth in division (B)(12) above. The rear yard dimensions for business uses set forth in division (B)(12) above shall be the same as the rear yard dimensions set forth in §§ 154.065 through 154.072 of this chapter for the particular district.
(E) The lot coverage for local business uses shall be 90%, but this shall not waive provision of yards where required. The lot coverage for business uses set forth in division (B)(12) above shall be the same as the lot coverage percentage set forth in §§ 154.065 through 154.072 of this chapter for the particular district.
(F) The following is the procedure for obtaining business uses specified in division (B)(12) above in a residential area.
(1) Any landowner of real estate located in the town who desires to commence, operate or establish the type of business set forth in division (B)(12) above shall file a petition with the town’s Plan Commission requesting their approval. Each petition shall be accompanied by a site plan, drawn to scale, showing the location and height of all improvements located on the real estate, the dimensions of the lot, the size of the yards and open spaces, existing streets and proposed streets and alleys adjoining or within the lot and any other pertinent information that shall be necessary to provide for the enforcement of this chapter. All site plans shall be approved by the state’s Administrative Building Council and the state’s Fire Marshal, prior to filing a petition with the town’s Plan Commission.
(2) Prior to the granting of the final approval of the type of business use set forth in division (B)(12) above, the Plan Commission shall give notice and hold a public hearing on the business use requested by the petition. The notice shall be published in a newspaper of general circulation in the county and shall set forth the time and place of the hearing and the nature of the proposed business use.
(3) After a public meeting has been held, the Plan Commission may, by resolution, give its approval to the proposed business use if the business use is the type permitted by division (B)(12) above, or the Commission may withhold its approval and shall make a written recommendation to the Council.
(4) (a) At the first meeting of the Council after the approval or withholding of its approval of the proposed business use by the Plan Commission, the recommendation of the Commission shall be presented by the President or Secretary of the Commission to the Council for its approval or disapproval.
(b) If the Plan Commission has withheld its approval of the proposed business use and has presented a recommendation to the Council setting forth the fact of the withholding of its approval, there must be a vote of 75% of the total membership of the Council to grant an approval of the proposed business use.
(Prior Code, § 154.060) (Ord. 1-1957, passed 5-27-1957; Ord. 1-1972, passed 3-7-1972) Penalty, see § 154.999