(A) Purpose. The TB Tourist Business District is intended primarily to meet the tourist related retail needs of the village and the limited service needs of the village. The intent of this district is to preserve the integrity of the existing central tourist business area and to discourage uses that do not require a central location. The district is normally compact in size, the buildings occupy the major portion of the plot area and are located in close proximity or may share common walls, generally have limited retail floor area, and have limited plot area for the provision of on-site parking facilities. Accessory residential units are often located in the same structure as the commercial use. The district is family orientated and is suited predominately for concentrated pedestrian activities. Typical activities would be retail sales, restaurants, ice-cream/fudge or other food dispensing shops, craft shops, post offices, parking areas, convenience foods and small lodging facilities, and accessory residential units. The village should discourage any land uses that would be detrimental to the continuation of this district as the primary tourist service area of the village. It is hereby recognized that the tourist industry is of prime import to the continued economic health of the village.
(B) Minimum yard requirements.
(1) Front: 28 feet;
(2) Side: 0 feet;
(3) Rear: 10 feet; and
(4) Corner: 10 feet.
(C) Administrative variance. The Zoning Administrator may authorize minor variances to the required setbacks as set forth in this chapter, where in the Zoning Administrator's opinion, the variance is not contrary to the spirit and intent of this chapter and would prevent hardships that may occur because of unique and unusual shaped plots or because of special conditions that may not pertain to other similar plots. However, in any case, the Zoning Administrator may not grant an administrative variance greater than 20% of the required setback and may not grant an administrative variance less than 28 feet from US Highway 64/74-A.
(D) Council approved variance. The Village Council may grant a variance greater than the administrative variance of 20% but shall not to exceed 50% of the allowable setback as is designated for this zoning district.
(1) Any setback variance request, greater than 20% shall be submitted in writing, including survey showing the proposed variance, to the Zoning Administrator. The Zoning Administrator, Planning Board and/or Village Council may request any additional documentation necessary for consideration of the application. The variance request shall be completed within 90 days of the completion of the application, including all required documentation.
(2) The application must state the hardship and how current setbacks adversely affect the current zoning use of the property.
(3) The Zoning Administrator will receive the initial application and shall make a recommendation to the Planning Board for their review and their recommendation to the Village Council. A public hearing is required prior to the Planning Board's consideration and reporting their recommendation to the Village Council.
(4) The Village Council shall consider the recommendations of the Zoning Administrator and Planning Board and will conduct a public hearing prior to their consideration of the variance request. The Village Council shall have the final approval authority for granting any variance to zoning setbacks that exceed 20% but shall not be a variance greater than 50% of this zoning district's applicable setbacks.
(2002 Code, Art. IV, § 92.00.22) (Ord. passed 10-19-1999; Am. Ord. passed 11-16-2004; Am. Ord. passed 8-15-2023)