(A) Purpose. The commercial districts are established to provide for a wide range of goods and services in locations throughout the community; provide employment opportunities; and enhance the livability of the community by providing convenient access to goods and services.
(B) General provisions.
(1) Compliance with applicable regulations. Any use established in a commercial district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses.
(2) Administration. The administration and enforcement of this section shall be in accordance with the provisions of § 9.104, Administration and Enforcement.
(3) Nonconformities. Nonconforming uses, structures, lots and signs within a commercial district shall be subject to the provisions of § 9.105, Nonconformities.
(4) Compliance with general development standards. Any use established, expanded or modified in a commercial district after the effective date of this article shall comply with the applicable provisions of § 9.106, General Development Standards.
(5) Compliance with specific development standards. Any use established, expanded or modified in a commercial district after the effective date of this article shall comply with the applicable provisions of § 9.107, Specific Development Standards.
(6) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district.
(C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the commercial districts shall be as specified in the following table.
LB | GB | CBD | |
Minimum Lot Area | 6,000 sq. ft. | 6,000 sq. ft. | |
Minimum Lot Width | 50 ft. | 40 ft. | 20 ft. |
LB | GB | CBD |
LB | GB | CBD | |
Minimum Lot Depth | |||
Lot area per dwelling unit | |||
Single-family dwelling | 6,500 sq. ft. | ||
Multiple-family dwelling | |||
Efficiency | 1,200 sq. ft. | 1,200 sq. ft. | |
One bedroom | 1,800 sq. ft | 1,800 sq. ft. | |
Two bedroom | 2,000 sq. ft. | 2,000 sq. ft. | |
Three bedroom | 2,500 sq. ft. | 2,500 sq. ft. | |
Additional bedroom | 400 sq. ft. | 400 sq. ft. | |
Congregate living units | 400 sq. ft. | 400 sq. ft. | |
Hotel or motel | 400 sq. ft. | ||
Hospital | 600 sq. ft. | ||
Building Setback Requirements | |||
Nonresidential/mixed-use front yard | none | ||
Residential front yard | 5 ft. | ||
Front yard | 15 ft. | none | |
Side yard | 15 ft. | none | none |
Corner side yard | 10 ft. | 15 ft. | 1 ft. |
Rear yard | 20 ft. | 20 ft. | 10 ft. |
Parking Setback Requirements | |||
Front yard | 12 ft. | 15 ft. | 1 ft. |
Side yard | 5 ft. | 5 ft. | none |
Corner side yard | 12 ft. | 15 ft. | 1 ft. |
Rear yard | 5 ft. | 5 ft. | 5 ft. |
Maximum Building Height | 35 ft. | 35 ft. | none |
Maximum Structure Height | 35 ft. unless specified elsewhere | 35 ft. unless specified elsewhere | none, unless specified elsewhere |
Maximum Lot Coverage | |||
Floor area ratio | 1.0 | 6.0 | |
(D) LB, Limited Business District.
(1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways.
(2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the LB, Limited Business District:
(a) Multiple-family dwelling.
(b) Government office.
(c) Government protective service facility.
(d) Public park and/or playground.
(e) Clinic, medical or dental.
(f) Clinic, veterinary.
(g) Funeral home.
(h) Office, not exceeding 4,000 square feet in area.
(i) Studio, professional.
(j) Service, professional.
(3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards:
(a) School, vocational or business.
(b) School, performing/visual/martial arts.
(c) Licensed day care facility, child or adult.
(d) Government maintenance facility.
(e) State licensed residential care facility.
(f) Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing.
(g) Bed and breakfast home, when accessory to a single-family dwelling.
(h) Community center.
(i) Recreational facility, indoor.
(j) Recreational facility, outdoor.
(k) Single-family dwelling, when accessory to a commercial use.
(l) Food service, limited (coffee shop/deli).
(m) Hospital.
(n) Museum/gallery.
(o) Retail sales, not exceeding 2,500 square feet in area.
(p) Hotel or motel.
(q) Fences greater than six feet in height.
(r) Brewer taproom, not exceeding 2,000 barrels of malt liquor a year.
(s) Brew pub, not exceeding 2,000 barrels of malt liquor a year.
(t) Health/fitness clubs, not exceeding 4,000 gross square feet in area.
(4) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the LB, Limited Business District:
(a) Private garages, parking spaces and loading areas.
(b) Accessory buildings.
(c) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests.
(d) Landscaping and other horticultural uses.
(e) Temporary construction buildings.
(f) Signs as regulated by § 9.106.
(E) GB, General Business District.
(1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for general retail sales, services and other commercial developments that benefit from their proximity to other commercial uses. These areas are located away from residential neighborhoods, along arterial roadways and are accessible primarily by automobile.
(2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District:
(a) Government office.
(b) Government protective service facility.
(c) Public park and/or playground.
(d) School, vocational or business.
(e) School, performing/visual/martial arts.
(f) Auditorium/place of assembly.
(g) Automobile convenience facility.
(h) Automobile and motorcycle repair, minor.
(i) Billiards hall.
(j) Bowling alley.
(k) Car wash.
(l) Clinic, medical or dental.
(m) Clinic, veterinary.
(n) Day care facility, adult or child.
(o) Financial institution.
(p) Food service, convenience (fast food).
(q) Food service, limited (coffee shop/deli).
(r) Food service, full service (restaurant/nightclub).
(s) Funeral home.
(t) Greenhouse/garden center.
(u) Health or fitness club.
(v) Hotel/motel.
(w) Laboratory, medical.
(x) Liquor store, off-sale.
(y) Museum or gallery.
(z) Office.
(aa) Retail sales.
(bb) Service, professional.
(cc) Shopping center.
(dd) Studio, professional.
(ee) Studio, radio and television.
(ff) Theater, live performance.
(gg) Theater, movie.
(hh) Motor vehicle parts store.
(ii) Brewer taproom.
(jj) Brew pub.
(3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards:
(a) Community center.
(b) Recreational facility (indoor and outdoor).
(c) Banquet hall.
(d) Government maintenance facility.
(e) Arcade.
(f) Automobile and motorcycle sales/rental, new.
(g) Automobile and motorcycle sales, used (in building).
(h) Recreational vehicle sales, new.
(i) Recreational vehicle sales, used (in building).
(j) Firearms dealer/shooting range.
(k) Hospital.
(l) Outdoor sales or display.
(m) Outdoor storage.
(n) Parking ramp.
(o) Assembly, manufacturing and/or processing.
(p) Printing and/or publishing.
(q) Consignment/secondhand store.
(r) Club or lodge.
(s) Currency exchange.
(t) Pawnshop.
(u) Drop-in facility.
(v) Fences greater than six feet in height.
(w) Animal kennel and/or shelter.
(x) Precious metal dealerships.
(4) Interim uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards:
(a) Fireworks tents.
(b) Outdoor agricultural/produce sales.
(c) Outdoor Christmas tree sales.
(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB, General Business District:
(a) Private garages, parking spaces and loading areas.
(b) Accessory buildings.
(c) Landscaping and other horticultural uses.
(d) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area.
(e) Temporary construction buildings.
(f) Signs as regulated by § 9.106.
(F) CBD, Central Business District.
(1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed within this district when located above a first floor commercial use.
(2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District:
(a) Multiple-family residential, when located above a first floor commercial use.
(b) Government offices.
(c) Government protective services facility.
(d) Public parks and/or playgrounds.
(e) School, vocational or business.
(f) School, performing/visual/martial arts.
(g) Auditorium/place of assembly.
(h) Billiards hall.
(i) Bowling alley.
(j) Clinic, medical or dental.
(k) Clinic, veterinary.
(l) Licensed day care facility, adult or child.
(m) Financial institution.
(n) Food service, convenience (fast food).
(o) Food service, limited (coffee shop/deli).
(p) Food service, full service (restaurant/nightclub).
(q) Health or fitness center.
(r) Hotel or motel.
(s) Laboratory, medical.
(t) Liquor store, off-sale.
(u) Museum or gallery.
(v) Office.
(w) Retail sales.
(x) Service, professional.
(y) Studio, professional.
(z) Studio, radio or televisions.
(aa) Theater, live performance.
(bb) Theater, movie.
(3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards:
(a) Arcade.
(b) Outdoor sales and/or display.
(c) Outdoor storage.
(d) Parking ramp.
(e) Club or lodge.
(f) Fences greater than six feet in height.
(g) Community center.
(h) Recreational facility (indoor/outdoor).
(i) Banquet hall.
(j) Brewer taproom.
(k) Brew pub.
(4) Interim uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards:
(a) Fireworks tents.
(b) Outdoor agricultural/produce sales.
(c) Outdoor Christmas tree sales.
(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the CBD, Central Business District:
(a) Private garages, parking spaces and loading areas.
(b) Landscaping and other horticultural uses.
(c) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area.
(d) Temporary construction buildings.
(e) Signs as regulated by § 9.106.
(6) Off-street parking. The CBD, Central Business District, shall be considered an off-street parking district in which off-street parking is not required for nonresidential land uses. Residential uses, including those in mixed-use buildings, shall meet the parking requirements of § 9.106.
(Ord. 1428, passed 5-29-01; Am. Ord. 1460, passed 10-13-03; Am. Ord. 1505, passed 1-30-06; Am. Ord. 1515, passed 11-13-06; Am. Ord. 1530, passed 9-24-07; Am. Ord. 1594, passed 4-25-11; Am. Ord. 1595, passed 4-25-11; Am. Ord. 1606, passed 4-23-12; Am. Ord. 1626, passed 5-9-16; Am. Ord. 1638, passed 2-27-17; Am. Ord. 1649, passed 6-25-18; Am. Ord. 1653, passed 2-25-19; Am. Ord. 1654, passed 2-25-19; Am. Ord. 1661, passed 3-23-20; Am. Ord. 1663, passed 1-25-21)