§ 153.048  COMMERCIAL DISTRICT REGULATIONS.
   (A)   General purposes of Commercial Districts.
      (1)   The commercial districts established by this chapter are designed to promote and protect the health, safety and general welfare.
      (2)   These general goals include:
         (a)   To provide sufficient space for the many and diverse types of commercial activity needed to serve the people and industry of the town;
         (b)   To promote the improvement and orderly growth of the existing well-located commercial centers;
         (c)   To protect adjacent residential areas from offensive and detrimental influences; and
         (d)   To promote the most efficient and desirable land use.
(1996 Code, § 176-54)
   (B)   NC Neighborhood Commercial District; purpose and intent.
      (1)   This district is designed to provide a limited variety of goods and services for the immediate residential neighborhood.
      (2)   It is not intended that this district permit uses which generate large volumes of truck traffic.
      (3)   Adequate buffers and appropriate open spaces between commercial and residential areas are required to protect the integrity of residential neighborhoods.
(1996 Code, § 176-55)
   (C)   NC Neighborhood Commercial District; uses.
      (1)   Principal permitted uses shall be as follows:
         (a)   Convenience sales and service business;
         (b)   Real estate sales office;
         (c)   Insurance sales office, provided that no motor vehicles may be stored on-site for more than four hours for the purpose of processing same for coverage claims;
         (d)   Dwelling, single-family detached; and
         (e)   A combination, within the same structure, of items in divisions (C)(1)(a) and (C)(1)(d),  (C)(1)(b) and (C)(1)(d) or (C)(1)(c) and (C)(1)(d) above.
      (2)   Permitted accessory uses shall be as follows:
         (a)   Accessory facilities and building customarily incidental to a permitted use;
         (b)   Accessory off-street parking and loading facilities as required in § 153.066; and
         (c)   Signs in accordance with the regulations of § 153.080.
      (3)   The following activity may be permitted only as a conditional use in accordance with §§ 153.160 through 153.167:
         (a)   Utility facilities necessary for public services;
         (b)   Retail sales office;
         (c)   Personal services office, defined to include such business as insurance adjusters, photo studios, beauty parlors, barber shops, dance schools, business schools or persons engaged in sales or trade, but such professional service businesses must operate in such a manner so as to not produce on-street parking issues, traffic issues, nor noise issues; and
         (d)   A combination, within the same structure, of dwelling, single-family detached, and any one of items in divisions (C)(3)(a), (C)(3)(b) or (C)(3)(c) above.
      (4)   Any use not allowed by right, by accessory use or conditional use is prohibited in the Neighborhood Commercial District.
(1996 Code, § 176-56)
   (D)   NC Neighborhood Commercial District; bulk regulations.
      (1)   Minimum required lot area. Within the NC District, there is no minimum lot size.
      (2)   Maximum lot coverage. Within the NC District, the maximum lot coverage for all structures, including accessory structures, shall not exceed 40% of the total lot area.
      (3)   Maximum height. The maximum height of a front wall or other portion of a building or other structure shall be 25 feet above the curb level. However, this limitation shall not apply to: belfries; spires; flagpoles; or antennas.
(1996 Code, § 176-57)
   (E)   NC Neighborhood Commercial District; yard requirements. The basic yard regulations appearing below apply to all lots within the NC Districts.
      (1)   Front yards.
         (a)   Front yards shall be a minimum of 40 feet on lots that do not have facilities for parking within the required front yard. On lots that provide parking within the required front yard, the front yard shall be a minimum of 60 feet.
         (b)   On double frontage and corner lots, there shall be a front yard on each street.
      (2)   Side yards shall be a minimum of 50 feet on each side and a total of 100 feet when the lot adjoins a residential district. For all other lots within the NC District, the minimum side yard shall be 30 feet on each side and a total of 60 feet.
      (3)   Rear yards shall be a minimum of 50 feet when the lot adjoins a residential district. For all other lots within the NC District, the minimum rear yard shall be 30 feet.
      (4)   Notwithstanding divisions (E)(1), (E)(2) and (E)(3) above, for existing structures, the front, side and rear yard requirements shall be the existing front, side and rear yard as exists at the time the property is re-zoned as Neighborhood Commercial, provided that the Town Council, in considering there-zoning request, finds that the proposed use is harmonious with each use of the adjoining properties.
(1996 Code, § 176-58)
   (F)   NC Neighborhood Commercial District; use of required yard areas. The following uses may be made of yard areas in the NC District:
      (1)   Landscaping. All yards not occupied by parking and sidewalks shall be devoted to landscaping as defined in § 153.007;
      (2)   Driveway; and
      (3)   Sidewalks.
(1996 Code, § 176-59)
   (G)   NC Neighborhood Commercial District; site plan review.
      (1)   For all proposed development within the NC District, prior to issuance of a building permit, a site plan for the use and development of the entire tract shall be submitted to the Planning Commission. The site plan shall conform to the following requirements:
         (a)   Be drawn to a scale of one inch equals 100 feet;
         (b)   Include the following:
            1.   All existing and proposed roads and drainageways;
            2.   Curb cuts, drives and parking areas;
            3.   Landscaping and planting screens;
            4.   Building lines enclosing the portion of the tract within which buildings are to be erected;
            5.   The proposed use of the land and buildings; and
            6.   The existing zoning.
         (c)   Include a vicinity map showing the relationship of the proposed development to:
            1.   The entire town;
            2.   The street system;
            3.   The surrounding use districts; and
            4.   Surrounding properties.
         (d)   Provide a form for certification by the owner and trustee of the mortgage, if any, that they adopt the plan, and dedicate the streets as shown on the plan and agree to make any required improvements of adjacent streets as shown on the plan.
      (2)   If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the Administrator.
(1996 Code, § 176-60)
   (H)   NC Neighborhood Commercial District; enclosure, floor space and storage requirements.
      (1)   Enclosure requirements. All uses shall be conducted within completely enclosed building except for parking, loading and other accessory uses which by their nature must exist outside a building.
      (2)   Floor space limitation. No establishment shall occupy more than 2,500 square feet of floor space.
      (3)   Exterior storage of goods or materials of any kind is prohibited. The placement of waste disposal facilities is permitted in rear yards only, and such facilities shall be appropriately screened and maintained using the same material from which the principal use is constructed.
(1996 Code, § 176-61)
(Ord. passed 1-14-2014)