§ 156.304  NONRESIDENTIAL USE DISTRICTS.
   (A)   Districts and purpose.
      (1)   LO, Limited Office District.  It is the intent of this section that the LO District be developed allowing only residential units or professional offices compatible with nearby residences. This district is designed to exclude retail uses and other types of uses that would generate excessive traffic to the site, by limiting the amount of square footage and lot coverage of buildings.
      (2)   OP, Office Professional District.  It is the intent of this section that the OP District be developed and reserved for business, office, specified public and semi-public purposes.  The regulations that apply within this district are designed to encourage the formation and continuance of a quiet, compatible, and uncongested environment for office-type business or professional firms; and to discourage any encroachment by unrestricted retail and/or wholesale business establishments, industrial concerns, or other uses capable of adversely affecting the specialized commercial and housing character of the district.
      (3)   NC, Neighborhood Commercial District.  It is the purpose of this section that the NC District be developed and reserved for local or neighborhood oriented business purposes. The regulations that apply within this district are designed to encourage the formation and continuance of a stable, healthy, and compatible environment for uses that are located so as to provide nearby residential areas with convenient shopping and service facilities; reduce traffic and parking congestion; to prevent the further development of strip commercial areas by restricting the size of NC District areas and the size of buildings within the district; and to discourage industrial and other encroachment capable of adversely affecting the localized commercial character of the district.
      (4)   AB, Areawide Business District.  It is the purpose of this section that the AB District be utilized for certain types of businesses, related to those in the NC and OP Districts, which need a location adjacent to arterial roads. The regulations that apply within this district are designed to encourage an economically healthy environment, particularly for those businesses that have a market area beyond just one or a few neighborhoods.  They are also designed to discourage the encroachment of other uses capable of adversely affecting the basic commercial character of the district.
      (5)   AB-2, Areawide Business-2 District.  It is the intent of this section that the AB-2 District be utilized to encourage an economically healthy environment for high-impact commercial uses that need a location adjacent to arterial roads, and to reduce traffic and parking congestion by providing locations for operations that provide transportation- related goods and services.  The regulations that apply within this district are designed to protect residential neighborhoods from encroachment and impact of commercial uses by providing locations for commercial operations that may have adverse impacts on the quality of residential areas.
      (6)   PI-1, Public Institutional-1 District.  It is the purpose of this section to recognize that certain public, civic and institutional support uses and activities of a generally low level of intensity are necessary and proper for the conduct of a civilized society, such uses being schools, libraries, police and fire stations, churches, judicial centers and governmental or public utility administration buildings and uses, and the like; and that in the proper context such uses may coexist with little harm to other neighboring uses. It is likewise the intent of this district to establish in a general sense the parameters in which these uses may operate in order to provide their benefits with minimal burden upon surrounding properties and uses.
      (7)   PI-2, Public Institutional-2 District.  It is the purpose of this section to recognize that certain public, civic and institutional support uses and activities of a generally high level of intensity are necessary and proper for the conduct of a civilized society, such uses being characterized as more industrial in nature and consisting of public works and sanitation sites and facilities, treatment facilities, lay- down yards and open lot storage of materials, heavy equipment and vehicles, and the like; and that in the proper context such uses may coexist with the least amount of harm to other neighboring uses. It is likewise the intent of this district to establish, in a general sense, the parameters in which these uses may operate in order to provide their benefits with as little burden upon surrounding properties and uses as possible.
      (8)   ED, Economic Development District. It is the intent of this section that the Economic Development District be developed and reserved for uses that are compatible with the town's Economic Development Strategy 2013-2017. The regulations that apply within this district are designed to encourage and foster operations that accomplish the following:  (1) Are minimally dependent on local economy for sources of revenue; (2) Promote the diversity of the economic base in the town; and (3) Support a healthy and sustainable economic environment.
      (9)   MD, Marine District.  It is the intent of the Marine District to allow businesses closely related to waterfront activity, which are compatible with existing marine industries. This district is further designed to allow retail and service establishments that are compatible with the characteristics of the waterfront area to locate within the zone.
      (10)   LI, Light Industrial District.  It is the intent of this section that the LI District be developed and reserved for basic or primary types of industrial uses that involve extensive manufacturing, processing, or assembly operations, and/or serve as large employment centers. The regulations that apply within this district are designed to: encourage the formation and continuance of a compatible environment for industries; protect and reserve undeveloped areas in the town suitable for such industries; and discourage any encroachment by residential, commercial, or other uses capable of adversely affecting the basic industrial character of the district.
      (11)   CO, Conservation-Open Space District. The purposes of this district are to provide for, and permit, an appropriate valuation by the tax assessor and/or land appraiser that reflects the conservation and/or open space use of land; to ensure the preservation of significant natural amenities against undesirable development; and to lessen the hazards and loss of property, life, and the reduction of health and safety due to periodic inundation of flood waters, by restricting or prohibiting uses in these areas.  It is likewise the intent of the district to provide for opportunities for improved public recreation activities; a community-wide recreational network of public paths, watercourses, buffer zones, and recreation spaces; and a scenic easement where important views and vistas that could preserve the community heritage could be maintained for the public good.
      (12)   CR-O, Conservation- Recreation-Open Space District.  The purposes of this district are to provide for, and permit, an appropriate valuation by the tax assessor and/or land appraiser that reflects the conservation, recreation and/or open space use of land; to ensure the preservation of conservation, recreation and/or open space use of land against undesirable development; and to lessen the hazards and loss of property, life, and the reduction of health and safety due to periodic inundation of flood waters, by restricting or prohibiting uses in these areas.  It is likewise the intent of the district to provide opportunities for improved public and/or private recreation activities; and to provide for a community- wide network of open space, buffer zones, and recreation spaces.
   (B)   Uses.  Permitted, conditional, and special exception uses for all Nonresidential Use Districts shall be in accordance with the Use Table contained in this chapter, except as provided below.
      (1)   PI-1, General conditions of use.  Such uses as allowed herein shall be limited to those uses of a generally comparable level of intensity with respect to size, scale and vehicle-trip generation in relation to surrounding uses, with the obvious exception to certain large-scale uses listed. These Public and Institutional-1 uses will be characterized by a higher level of site and building design and materials, resulting in an orderly arrangement of parking and storage in designated areas that are properly surfaced and landscaped with an integrated drainage plan. Buildings and sites shall be designed and constructed in a manner that blends in with adjoining residential character of the area, if applicable.
      (2)   PI-2, General conditions of use.  Such uses as allowed herein may be those of a generally higher level of intensity with respect to size, scale and vehicle-trip generation in relation to surrounding uses. These uses may be characterized by higher level of service-vehicle-trip generation and conditions that result in a generally more offensive visual display of site utilization. However, every effort shall be made to maintain an orderly arrangement of parking and storage in designated areas that are properly surfaced and landscaped with an integrated drainage plan. Buildings and sites shall be designed and constructed in a manner that blends in with adjoining character of the area to the extent possible, utilizing such techniques as larger lots, and more intensive screening and buffering requirements to shield unattractive elements from view. Lighting standards may reflect the need for security, but must also recognize the need to minimize sky glow and light pollution, and adverse impact on adjoining properties.
   (C)   Lot, yard, height, and coverage requirements. Development standards for all Nonresidential Use Districts shall be in accordance with the following Development Standards Table, except as provided in division (E) of this section.
 
DEVELOPMENT STANDARDS TABLE
Nonresidential lot, yard, & height requirements
LO
OP
NC
AB
AB-2
PI-1
PI-2
ED
MD
LI
CO
CR-O
CL
WG-C
WG-W
LOT REQUIREMENTS
Minimum lot size
10,000 sf
Minimum building size
3,000 sf
6,000 sf
MINIMUM BUILDING SETBACKS (in feet) - Except as provided in § 156.106. Minimum bufferyard requirements may supersede minimum building setbacks.
Front
251
251
301
301
301
30
30
351
251
351
2
2
Rear
25
15
15
15
15
15
15
25
10
25
2
2
Side (corner lot)
101
251
301
301
301
30
30
351
251
351
2
2
Side
10
10
10
10
10
10
10
15
10
15
none
none
HEIGHT REQUIREMENTS
Maximum building height in all districts is 35 feet, except as otherwise provided in this chapter.
1   For properties requiring design review approval, the setback distances from lot line having street frontage shall be determined by the design review approval process, using a build-to line of 20 to 30 feet.
2   For properties located within the waterfront gateway district, refer to § 156.320 for setback requirements.
 
   (D)   Bufferyard requirements.  Minimum bufferyard requirements for, and between, permitted uses in all districts and contiguous uses are set forth in § 156.201.
   (E)   Additional development provisions.
      (1)   PI-1 and PI-2 Districts - Site plan review.
         (a)   The appearance and form of improvements with respect to site and architectural design shall be consistent with the general theme of the area in which the use is located. This requirement will be based upon a site-specific analysis (site plan review) and may necessitate such reasonable additional requirements as may be judged prudent to achieve the desired results of acceptable coexistence with neighboring uses.
         (b)   Special consideration may be given to such site-specific design elements as may be required to accommodate particular operational or other unique characteristics of the individual uses, which may enhance or relax the minimum standards prescribed herein, with specific written justification for the same noted on the plans.
         (c)   All lights or lighting arrangements used for purposes of advertising or night operations are directed away from adjoining or nearby residential properties, and further meet the requirements of § 156.310(G).
      (2)   ED District - Provisions regarding applicable development standards. In general, all applicable off-street parking, loading, sign, bufferyard, and supplemental regulations shall apply to uses within this district; provided, however that variations may be made to such provisions during the Design Review Process as may be necessary to accomplish unique operational requirements or characteristics inherent with individual businesses. An example may be the allowance of additional paved parking for an office use with a significant number of cubicles, sometimes referred to as a "cube farm," that has higher parking demand on a daily basis, as opposed to a shopping center's desire for additional paved parking to accommodate sales on one or two days a year.
         (a)   Maximum height. Thirty-five feet, except as otherwise permitted in § 156.102; provided, however, increased height may be allowed during the Design Review Process upon sufficient justification that whatever increase given is necessary to accommodate unique operational characteristics of the particular use. 
         (b)   Setback. For those properties designated as Areas of Purview of the Commercial Design Review Overlay District, the setback distances from lot lines shall be determined during the Design Review Process, including those lots having street frontage which shall be determined in accordance with the provisions of § 156.106(A).
         (c)   Justification in the record of approval/notations on plans.
            1.   Justification for such variations from the normal development standards, if any, shall be noted on the approved plans and/or elsewhere in the approval record.
            2.   Variations from the prescribed development standards shall only be allowed if the appearance, form and height of improvements remain consistent, to the maximum extent possible, with the general context of the area in which the use is located to ensure an acceptable coexistence with neighboring uses.
         (d)   Applicability. The above provisions shall apply to all parcels zoned ED District, including parcels that are zoned for Economic Development use within a Planned Development District; provided, however, that the provisions shall only apply to the Economic Development use as specified in the Use Table when other permitted uses are also allowed on the parcel.
   (F)   Reference to additional regulations.  In addition to the above, all other applicable regulations of this chapter shall apply to the development and use of property within all districts.
(Ord. 14047, passed 8-12-14)  Penalty, see § 156.034