(A) Purpose. The highway business commercial zoning district is intended to provide for general business and commercial uses in locations which are suitable and appropriate, taking into consideration existing conditions, future land use needs and the availability of public services. The intent of this zoning district is to allow commercial uses to satisfy the needs of the community while providing for a broad range of commercial activities.
(B) Permitted uses. The following uses are permitted in the B-2 district:
(1) Permitted uses in the B-2 highway business commercial zoning district shall be only those uses listed below. Permitted uses are subject to all other applicable standards of this section. No building permit shall be issued for a use not specifically mentioned and until site plan approval has been granted by the town;
(2) Those uses permitted in the B-1 neighborhood business zoning district and per Table 150.047(B);
(3) Accessory buildings and uses ancillary to the permitted use;
(4) Medical, dental and clinical laboratories;
(5) Hospital and outpatient clinics;
(6) Small animal hospitals or clinics, confined to completely enclosed sound-attenuated facilities, subject to the following:
(a) Animals shall not be boarded or lodged except for short periods of observation incidental to care or treatment; and
(b) No kennel or exercise runs will be permitted.
(7) General office uses;
(8) Drive-in window facilities;
(9) General big box retail stores such as: grocery stores, retail drug stores, video stores, dry goods and notions stores, appliance stores, home or hardware stores, floor and wall covering stores, furniture stores, bicycle and sporting good stores, and apparel stores;
(10) Restaurants including drive-in and drive-through facilities;
(11) Hotels and motels;
(12) Movie theaters (excluding drive-in movie theaters), dance halls and bowling alleys;
(13) Household, sickroom or office equipment rental and services;
(14) Car wash and auto spa;
(15) General auto repair, including auto painting and body repair, provided all repair operations are conducted within a building and including an outside vehicle storage area to be used only for vehicles under repair which shall be screened from any street or surrounding property;
(16) Nurseries, flower and plant sales;
(17) Black smith shops;
(18) Night watchpersons quarters, as a security provision, as an accessory use to a permitted commercial use with town approval;
(19) Businesses engaged in wholesaling, assembly or manufacturing must be within a completely enclosed building and must have a retail component on-site; and
(20) Public schools, private schools or parochial schools.
(C) Conditional uses. Conditional use permit required:
(1) Amusement facilities, arcades, miniature golf, batting cages, go-cart tracks and similar uses;
(2) Commercial kennels provided all animals are kept indoors, and no outside runs are permitted;
(3) Churches or places of worship except those existing at the time of the adoption of this Development Code;
(4) Social service and community service agency facilities such as plasma centers, charity dining services, homeless shelters, day labor hiring centers, substance abuse detoxification and treatment centers, rescue missions and other similar social service uses;
(5) Mini-storage facilities provided they are used solely for dead storage purposes;
(6) Sale or new or used automobiles, trucks, boats, trailers and recreational vehicles;
(7) Sale of new manufactured homes; and
(8) Storage of recreational vehicles, boats and trailers.
Because no list of uses can be exhaustive, interpretations on unspecified uses shall be rendered by the Town Community Development Director with the right to appeal to the Planning and Zoning Commission and Town Council.
(D) Property development standards. (See §§ 150.164 through 150.184 for additional standards and exceptions.)
(1) Setbacks.
Land Use | Minimum Yard Setbacks | Lot Coverage | |||
Front | Side | Side Street | Rear | ||
B-2 | 25 feet ** | 10 feet | 20 feet ** | 10 feet | 60% |
** The front ten feet of which shall be maintained as open space, except that access drives may penetrate the open space. | |||||
(2) Area and bulk requirements.
Minimum Site Area | Minimum Lot Area | Minimum Lot Width | Minimum Lot Depth | Maximum Height |
N/A | N/A | NA | NA | 3 stories and/or 40 feet |
* Additional building height allowances up to a maximum of 50 feet may be obtained with a conditional use permit. | ||||
(E) Off-street parking. The provisions of § 150.156 shall apply. In addition, parking shall be allowed in the rear ten feet of the front yard only if it is screened from the street by a solid wall, fence or landscape screen a minimum of three feet in height.
(F) Development standards.
(1) General architectural requirements. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted or roof mounted, shall be screened from public view and designed to appear as an integral part of the building.
(2) Building elevations. All building elevations which face a public street or are adjacent to residential uses or zoning districts, shall have an architectural design other than metal or corrugated metal.
(3) PUD buildings and group commercial development. PUD buildings in group commercial development including service stations, convenience stores, chain restaurants, auto maintenance facilities and similar uses should be designed in a compatible architectural style, and incorporate the same materials, colors and landscaping as the host development.
(G) General site planning requirements. Service and loading bays (car wash, automotive service, tires and the like) should be oriented away from adjacent residential zoning districts.
(1) Drive-through windows should not face a public street;
(2) Equipment such as, but not limited to, vending machines should be screened from street view and placed in an area designed for their use, as an integral part of the structure;
(3) Open space equivalent to 10% shall be required for group commercial development. Open space does not include parking areas.
(4) Bicycle parking facilities should be encouraged and should be located near the pedestrian space.
(Prior Code, Ch. 4, Art. III, § 4-61) (Ord. 432-06, passed 6-19-2006; Ord. 555-11, passed 3-21-2011; Ord. 733-24, passed 2-21-2024; Ord. 742-24, passed 5-20-2024)