(a) Permitted Uses. Land and buildings in the Old Town Commercial District (OT-C) shall be used only for the following purposes:
(1) Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods (including the buying or processing of goods for resale) including:
A. General merchandise: Hardware stores, department stores, mail order houses, limited price variety stores, and miscellaneous general merchandise stores.
B. Food: Grocery stores, meat and fish (seafood) markets, fruit stores and vegetable markets, candy, nut and confectionery stores, dairy products stores, retail bakeries, supermarkets, and miscellaneous food stores.
C. Apparel: Clothing, accessories and personal furnishing stores, shoe stores, custom tailors, furriers and fur shops, and miscellaneous apparel and accessory stores.
D. Home furnishings: Furniture, home furnishings, and equipment stores, household appliance stores, and radio, television and music stores.
E. Eating and drinking places.
F. Electronic products.
G. Video rental store.
H. Miscellaneous retail: Drug stores and proprietary stores, antique stores and secondhand stores, stationery stores, sporting goods stores and bicycle shops, jewelry stores, florists, cigar stores, news dealers, camera and photographic supply stores, gift, novelty and souvenir shops, optical goods stores, and miscellaneous retail stores not elsewhere classified.
I. Business services: Advertising, duplicating, addressing, blueprinting, photocopying, mailing, stenography, and business services not elsewhere classified.
J. Artisan workshop.
K. Specialty food and beverage facility.
(2) Business and professional offices. Business offices engaged in providing tangible and intangible services to the public, involving both persons and their possessions, including:
A. Administrative, business and professional offices: Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions, and professional offices engaged in providing tangible and intangible services to the general public, involving both persons and possessions, including financial services, real estate and insurance.
B. Professional: Offices of physicians and surgeons, dentists and dental surgeons, chiropractors, medical and dental laboratories, health and allied sciences not elsewhere classified, legal services, design services including engineering, architecture, landscape architecture, urban planning, graphic arts and interior design, and accounting, auditing and bookkeeping services.
C. Health care maintenance and emergency services.
(3) Personal and consumer services. Personal services generally involving the care of the person or his/her personal effects and consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption, including:
A. Personal: Photographic studios, including commercial photography, beauty shops, barber shops, laundromats, shoe repair shops, pressing, alteration and garment repair, and miscellaneous personal service.
B. Repair services: Electrical repair shops, watch, clock and jewelry repair, reupholsters and furniture repair, and similar household item repair shops and related services.
C. Artisan studio.
(4) Museums.
(b) Conditional Uses. The following uses may be allowed in the Old Town Commercial District (OT-C) subject to approval in accordance with Chapter 1145:
(1) Automobile repair and services, automobile convenience markets, and automobile car washes as an accessory use.
(2) Recreation. Theaters, dance halls, dance studios, dance schools, bowling, swimming pools, martial arts studios, and skating rinks.
(3) Convenient food markets. Establishments for the sale of food only, gas pumps are not permitted.
(5) Licensed massage parlors.
(6) Animal grooming or training. Any grooming, training, or related activities of more than one animal commenced outside shall not be located within 200 feet of R-1, R-3, MF-A, MF-C, AR-1, OT-SF, OT-MF and PRD zoning districts or residential sections of PUD, TND and PCND zoning districts. A designated area shall be identified for animals to relieve themselves.
(7) Sale of firearms, ammunition, or other deadly weapons.
(8) Drive-up window service or drive in restaurants.
(9) Exterminators.
(10) Other compatible uses not expressly prohibited by § 1161.04(c).
(c) Prohibited Uses. The following uses shall be prohibited in the Old Town Commercial District (OT-C):
(1) Automobile service stations, automobile car washes as a principal use, automobile parking lots or garages as a principal use unless publicly owned, and automobile sales unless exempted as a casual sale in § 1153.20.
(2) Hotels and motels.
(3) Recreational uses except publicly owned and operated parks and recreational facilities.
(4) Offices of veterinarians and animal hospitals.
(5) Commercial kennels.
(6) Pool halls and amusement arcades as defined in § 701.01(c).
(7) Outdoor lumberyards.
(8) An establishment principally for the retail sale of alcoholic beverages for off premise consumption, unless produced on site.
(9) Pawn shops.
(10) Check cashing or short term loan establishments as a primary use.
(11) Funeral homes.
(12) Rehabilitation centers for drug addiction, alcohol addiction or other dependency.
(d) Development Standards.
(1) Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Old Town Commercial District (OT-C):
A. Lot area: No minimum lot area is required, however, all lots shall abut an improved public right-of-way and lot area shall be adequate to provide the required yard space.
B. Lot coverage (maximum): No maximum lot coverage is required, however, the lot coverage shall be adequate to provide the required yard space.
C. Lot width: No minimum lot width is required, however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements.
D. Front yard build to line: The principal structure shall be located no more than three feet from the build to line. At least 50% of the building's front elevation shall be located within the applicable variation from the build-to line range. No part of any structure shall be permitted within the public right-of-way. The build to line shall be calculated as the distance from the right-of-way equal to the average setback from the right-of-way of the existing buildings on the same side of the street. Buildings used in the build to line calculation shall meet the following:
1. Front on the same street as the subject property.
2. Be located between the nearest cross streets, not including alleys.
3. Be located on a property with an OT-C, OT-SF or OT-MF zoning.
E. Side yard setback: Zero feet if the property does not directly abut a residentially zoned district. If the property abuts a residential district, the side yard setback from the side abutting the residential zoning district shall be eight feet as measured from the side property line. Eaves, cornices, canopies, windowsills, balconies, bay windows, chimneys, or other architectural features shall not extend past any property line.
F. Rear yard setback: 20 feet as measured from the rear property line; an accessory building may be located in the rear yard no less than eight feet from the rear property line.
(2) Outdoor display or storage of materials: The placement of outdoor display or storage of materials shall be permitted per the following requirements:
A. The size of outdoor display or storage of materials areas for a single property shall not exceed 25 square feet or exceed eight feet in height. Outdoor display or storage of materials encompassing more than 25 square feet in area shall be subject to § 1181.02.
B. Any items displayed or stored shall only be placed outdoors during normal business hours of the business displaying or storing the item.
C. Outdoor display or storage areas shall not project into the right-of-way.
D. The outdoor display or storage of materials shall not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties.
E. Any outdoor display or storage of materials not in conformance with this Zoning Code shall be considered in violation of § 1135.10.
(3) Outdoor seating in the public right-of-way. Outdoor seating in the public right-of- way shall be permitted per the following requirements:
A. Permit required. No outdoor seating in the public right-of-way shall be conducted until a special right-of-way permit application has been submitted and issued per the requirements of §§ 1197.03 and 1197.04. Staff may administratively renew the grant of consent on a year-to-year basis provided the continued use of the right-of-way does not adversely affect the public health, safety and welfare.
B. Indemnity agreement. An indemnity agreement shall be submitted with the special right-of-way permit application. Such agreement shall provide that the applicant will hold the Village of Commercial Point and its officials and employees harmless of all liability which might arise as a result of accidents, injuries or damages suffered within the public right-of-way or as a result of the use of the right-of-way as authorized by this section, and to fully indemnify the Village of Commercial Point, its officials and employees, in the event the village is required to pay such losses. The applicant must keep current liability insurance in the minimum amount of one million dollars ($1,000,000) listing the Village of Commercial Point as an additional insured during the time of operation of any outdoor seating in the public right-of-way.
C. The permit holder is responsible for ensuring that all activity is contained within the approved area identified on the permit.
D. The use of public right-of-way for outdoor dining shall only be permitted incidental to the operation of a business on private abutting property. The outdoor dining area shall only project into the right-of-way directly adjacent to the subject business space.
E. Any projections into the right-of-way shall maintain a minimum of five feet of unobstructed sidewalk width between the outdoor seating and the curb for pedestrian traffic.
F. All items placed in the right-of-way, including, but not limited to chairs, tables, fencing, lighting and refuse containers, shall be temporary in nature and shall be constructed and displayed in such a manner as to allow for their easy removal. The design, quality, materials and colors used for such items shall complement the architectural style and colors used on the associated building.
G. Portable umbrellas are permitted provided they do not interfere with the required unobstructed sidewalk and do not contain advertising.
H. The preparation of food, beverages, and other items shall take place inside the associated establishment.
I. Outdoor dining in the public right-of-way shall not be open to patrons between the hours of 11:00 p.m. and 6:00 a.m.
J. A special right-of-way permit for outdoor seating in the public right-of-way may be suspended or revoked at any time (upon a 14 day notice) for a public use of the right-of-way such as street, sidewalk or utility maintenance, sidewalk or street widening, public festivals or other event. All, or a portion of, outdoor dining shall be removed from the right-of-way during the permit suspension at the discretion of the Village of Commercial Point.
K. A special right-of-way permit for outdoor seating in the public right-of-way may be revoked at any time (upon a 14 day notice) for failure to comply with the regulations set forth in § 1161.04(3). Outdoor seating remaining in the public right-of-way after a notice to remove has been issued shall be in violation of § 1135.10.
L. In the event the outdoor seating is abandoned or not being utilized, the right- of-way shall be restored to the current condition.
(4) Supplemental standards. The following supplemental standards shall apply within the Old Town Commercial District (OT-C):
A. The height of a building shall not exceed any of the following: 38 feet, three stories, or 10% higher than the immediately adjacent structures on the same side of the street. Buildings on corner lots shall not be 10% higher than the structure immediately adjacent on the same side of the street or 10% higher than the structure immediately to the rear.
B. Applicable standards shall be met in corresponding chapters of this Zoning Code.
(Ord. 2020-10, passed 6-15-2020)