Sec. 36-63. CTC Commercial Town Center District.
   (a)   Intent. The CTC Commercial Town Center District is intended to apply to the area bounded by Pool Creek, the lots abutting the west side of Avenue "C," U.S. Highway 64/74A and Second Street. The CTC district is not a highway-oriented commercial district; therefore, gasoline service or filling stations, vehicle repair or sales, and the like are prohibited. Because this commercial district is the focal point of commerce in the town and is subject to the public view, which is a matter of important concern to the whole community, it should provide an appropriate appearance, ample public parking, controlled traffic movement and suitable landscaping.
   (b)   Permitted uses. Within the CTC Commercial Town Center District, buildings or land shall be used only for the following purposes:
      (1)   Medical and dental services or clinics.
      (2)   Real estate, financial institutions, business and professional offices.
      (3)   Post offices, fire stations, libraries, art galleries, museums, churches, public and private schools, and other similar cultural, civic and governmental buildings.
      (4)   Retail sales such as appliance stores, florist shops, bookstores, clothing stores, sporting goods and equipment stores, jewelry stores, hardware stores, grocery stores, drug stores, musical instruments, and video sales and rentals, but not excluding other similar uses.
      (5)   Consumer services such as restaurants, dry cleaning stores, coin laundries, tailoring shops, barber and beauty shops, indoor theaters, indoor game rooms, and indoor exercise physical fitness facilities, but not excluding other similar uses.
      (6)   Hotels, motels, and inns.
      (7)   Conference and meeting facilities.
      (8)   Existing (but not new) single-family dwellings.
      (9)   Multifamily dwellings located above the first floor of any structure.
      (10)   Live-work units.
      (11)   Residential vacation rentals subject to special requirements contained in section 36-72(1).
      (12)   Child care centers.
      (13)   Brewpubs, micro-breweries, micro-distilleries, micro-wineries, and nano-breweries subject to special requirements contained in section 36-72(2).
      (14)   Telecommunications facilities and antennae (see section 36-72(4)).
   (c)   Outside display of merchandise. This section specifically excludes outside display of merchandise for sale or open storage of vehicles, motorized equipment, wrecked vehicles, inoperable vehicles, discarded tires, auto parts, and machinery and construction equipment; boat storage facilities; businesses which sell, rent, or display obscene materials as defined in this Code; tattoo parlors; mobile homes; moveable storage facilities; and manufacturing employing ten or more persons.
   (d)   Special use permit. The following uses require a special use permit subject to a finding by the board of adjustment that all applicable provisions of article IV of this chapter have been met:
      (1)   Accessory residential event venue. In issuing a special use permit for an accessory residential event venue, the board of adjustment may impose reasonable conditions, including a maximum number of events per year and a maximum number of attendees which shall be based on the availability of parking, safe ingress and egress, sanitary facilities, potential impacts to adjacent properties and similar site-specific conditions.
      (2)   Primary event venue. In issuing a special use permit for a primary event venue, the board of adjustment may impose reasonable conditions, including a maximum number of events per year and a maximum number of attendees which shall be based on the availability of parking, safe ingress and egress, sanitary facilities, potential impacts to adjacent properties and similar site-specific conditions.
      (3)   All new commercial buildings; new building additions with a gross floor area of 1,000 square feet, or more, to an existing commercial building; or any new addition to an existing commercial building where the building facade length, as existing on December 2005, will be increased by more than 50 percent as a result of an addition or multiple additions.
      (4)   Distilleries, regional breweries, and wineries.
   (e)   Site requirements. All lots must have a minimum of 10,000 square feet.
   (f)   Front, rear, and side yard requirements.
      (1)   Front yards are not required.
      (2)   Side yards may be zero feet with approved firewalls or not less than ten feet in depth, provided the side yard shall be 20 feet in depth where adjacent to land zoned or, in fact, used for residential purposes.
      (3)   Rear yards shall be not less than 15 feet, provided the rear yard shall be 20 feet in depth where adjacent to land zoned or, in fact, used for residential purposes.
      (4)   Where the lot abuts upon property used for residential purposes, a buffer strip shall be provided along the side and/or rear lot line of such abutting residential use. If a fence or wall is used, such fence or wall shall be opaque and not less than eight feet in height. If a planted buffer is used, such buffer strip shall be not less than eight feet in width and shall be composed of evergreen trees or shrubs which at planting will be at least four feet high and at maturity will be not less eight feet high. This requirement may be modified by the board of adjustment where sufficient natural buffering exists.
   (g)   Ingress/egress. All uses in this district abutting U.S. Highway 64/74 shall be allowed only one means of ingress/egress to that highway for each 150 feet of frontage or fraction thereof. All ingress/egress openings, for both one-way or two-way traffic, shall be a minimum of 15 feet wide and a maximum of 30 feet wide, measured at the road right-of-way line, unless otherwise required by the state department of transportation.
   (h)   Landscaping. Landscaped traffic delineators are required adjacent to all rights-of-way excepting to allow for entrances and exits. Delineators shall begin at the edge of the right-of-way or six feet from the edge of the pavement, whichever is greater, and shall extend a minimum of two feet toward the front of the structure. The area shall be planted and maintained with grass, flowers, and/or shrubs not high enough to obstruct a driver's view of traffic.
   (i)   Frontage. All lots must have 50 feet of frontage on a street. For purposes of this section, all sites that are double frontage lots or corner lots shall be deemed to have frontage on all such streets. All fronts must adhere to ingress/egress requirements.
   (j)   Parking.
      (1)   All parking and loading must be in compliance with sections 36-217 through 36-219, provided that public on-street and off-street parking spaces may be counted to meet the number of spaces required so long as such spaces are located within 900 feet, via pedestrian routing, from the entrance of the property to be served; and further provided that the number of spaces required shall be as follows:
 
Building
Parking Spaces
Multiple-family dwellings
One space for each dwelling unit
Hotels, motels and the like
One space for each accommodation
All other uses
One space for each 400 square feet of gross floor area
 
      (2)   Public parking spaces may be used to meet the requirements of more than one use at the same time.
   (k)   Building height. Notwithstanding the provisions of section 36-70 concerning building height, no structure shall exceed a height of 45 feet as measured from the average finished grade at building foundation line.
(Code 1989, § 92.031B; Ord. of 2-9-1999; Ord. of 11-15-2005; Ord. of 3-10-2009; Ord. of 6-14-2011; Ord. of 4-10- 2012; Ord. of 10-14-2014; Ord. of 2-12-2019; Ord. No. 21-05-11, 5-11-2021)