§ 175-155. Highway Business District.

   A.   The following uses are permitted in the H-B Zoning District:

[Amended 4-10-1989 by Ord. No. 7-1989; 11-28-2011 by Ord. No. 23-2011]

      (1)   Local retail activities, including but not limited to grocery stores, meat markets, supermarkets, delicatessens, bakeries, drugstores, furniture stores, sporting good shops, gift shops, hardware stores, package liquor stores, pet shops, stationery stores, fabric stores, florists and jewelry stores, but excluding automobile sales.

      (2)   Local service activities, including but not limited to barber- and beauty shops, tailors, photographer's studios, retail dry-cleaning and laundering operations, appliance repair shops, shoe repair shops, upholsterers, newspaper and/or job print shops and customer service centers.

      (3)   Restaurants, Take-Out Restaurants, bars, taverns and indoor theaters.

      (4)   Banks, including drive-in facilities.

      (5)   Professional offices limited to doctors, dentists, architects, engineers, planners, lawyers, real estate agents, insurance brokers or similar licensed professional uses.

      (6)   Offices and office buildings.

      (7)   Automobile sales, travel trailer and camper sales.

      (8)   Indoor theaters and bowling alleys.

      (9)   Garden centers engaged in the retail sale of plant material, provided that outside storage, sale or display shall not exceed four times the building coverage.

      (10)   Shopping centers comprised of the preceding uses.

      (11)   Laboratories of an experimental, research or testing nature which carry on processes within completely enclosed buildings and which do not produce noticeable noise, vibration, smoke, dust, odors, heat or glare outside the buildings.

      (12)   Wholesale distribution centers and warehousing, provided that such activities are conducted entirely within an enclosed structure.

      (13)   Where the proposed development is proposed on any lot which abuts or is across a public street from an active agricultural use, the development shall incorporate a fifty-foot planted buffer or a one-hundred-foot planted buffer where the property abuts an Agricultural Production (AP) Zone in accordance with § 175-91 in addition to the required building setback standards. This buffer shall be required on the property line(s) of the lot which abuts or is across a public street from the active agricultural use or the Agricultural Production (AP) Zone. The applicant shall, as a condition of preliminary approval and prior to filing an application for final approval, place on record a deed creating a perpetual conservation easement over the buffer area as defined in this section, where said lot abuts an Agricultural Production (AP) Zone. This subsection applies to all permitted and conditional uses other than single-family residential uses on existing lots.

[Added 10-9-1989 by Ord. No. 33-1989; amended 11-27-1989 by Ord. No. 40-1989]

      (14)   Hospitals, as defined in § 175-10, which may include:

         (a)   Emergency departments, outpatient medical offices, diagnostic services including imaging centers, surgical centers, cancer treatment, physical therapy, pharmacies, and such educational, clinical, and research facilities as are integral to the operation of the hospital; and

         (b)   Ancillary and accessory uses such as helipads, employee daycare, gift shops, cafeteria, coffee shops, administrative and staff offices and offices for either affiliated or nonaffiliated professionals which are integrated with the hospital facilities or complex.

[Added 11-15-2004 by Ord. No. 28-2004; amended 3-22-2010 by Ord. No. 3-2010; 6-19-2017 by Ord. No. 10-2017]

   B.   The following are conditional uses in the H-B Zoning District:

[Amended 4-10-1989 by Ord. No. 7-1989; 10-9-1989 by Ord. No. 33-1989; 11-28-2011 by Ord. No. 23-2011]

      (1)   Automotive service stations, subject to § 175-124.

      (2)   Funeral parlors.

      (3)   Commercial parking lots.

      (4)   Apartments on the second and third floors of a building used primarily for nonresidential purposes.

      (5)   Car washes, subject to § 175-124.

      (6)   Hotels and motels, subject to § 175-111.

      (7)    32 Assisted living facilities subject to the following conditions, provided, however, that the conditional use specified in this subsection shall pertain only to the following parcels: Block 4601, Lots 22, 22.01, 26, 26.01 and 27; Block 4602, Lots 1, 2, 3, 4, 4.01, 5 and 6; Block 4603, Lots 1, 2, 3, 4 and 5.

[Added 5-21-2007 by Ord. No. 13-2007]

         (a)   Minimum lot size: 75,000 square feet;

         (b)   Minimum lot frontage: 200 feet;

         (c)   Minimum side yard setback: 40 feet;

         (d)   Minimum front yard setback: 65 feet;

         (e)   Minimum rear yard setback: 50 feet;

         (f)   Maximum lot coverage: 75%;

         (g)   Maximum building height for principal structure only: 35 feet and no more than two stories;

         (h)   Maximum density (number of units/acre): 18 units per acre; and

         (i)   Minimum facility size: 30 units.

   C.   The following are permitted accessory uses in the H-B Zoning District:

[Amended 11-28-2011 by Ord. No. 23-2011]

      (1)   Off-street parking, subject to § 175-118.

      (2)   Signs, subject to § 175-161.

      (3)   Fences and walls.

      (4)   Garages to house delivery trucks or other commercial vehicles.

      (5)   Temporary construction trailers and one sign not exceeding 100 square feet advertising the prime contractor, subcontractor, architect, financing institution or similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided that said trailer and sign are on the site where construction is taking place and set back at least 15 feet from street and lot lines.

   D.   The following bulk standards shall apply to all uses in the H-B Zoning District:

[Amended 10-12-1987 by Ord. No. 13-1987; 11-28-2011 by Ord. No. 23-2011]

      (1)   Minimum lot size: 50,000 square feet.

      (2)   Minimum lot frontage: 200 feet.

      (3)   Minimum side yard: 40 feet.

      (4)   Minimum front yard setback: 65 feet.

      (5)   Minimum rear yard setback: 50 feet.

      (6)   Maximum coverage: 75%.

      (7)   Maximum building height for principal structure only: 42 feet.

 

Notes

32

32.   Editor's Note: Former Subsection B(4), regarding single-family detached dwellings, which immediately followed this subsection, was repealed 10-27-2003 by Ord. No. 24-2003. this article also provided that the provisions shall not apply to existing residential development in the B-2 Zoning District on existing lots of record and that existing residential uses in the B-2 Zoning District shall continue as permitted conditional uses until such time as the residential use is abandoned.