(A) Purpose statement.
(1) This district is intended to provide for the intense business activity which is highway oriented or a part of a major planned business development and is meant to encourage flexibility in use by controlling traffic impact, site design and land use.
(2) The permitted land uses and restrictions over impact, bulk and design are structured to accommodate shopping districts over 100,000 gross square feet, and freestanding business establishments and services.
(B) Permitted uses.
(1) When the Zoning Administrator finds that a particular use is in keeping with the intent and purpose of the C4 Commercial District, and can adequately meet the standards established for the C4 District specifically, and all commercial districts generally, as set forth in this subchapter, then, and only then, shall the following types of uses be permitted in the C4 District:
(a) Accessory uses;
(b) Amusement arcades;
(c) Auditorium, indoor/outdoor;
(d) Auto body repair;
(e) Auto parts supply;
(f) Auto, rental/leasing;
(g) Auto sales, new/used;
(h) Auto service center;
(i) Ballrooms, dance halls;
(j) Billiard, pool establishments;
(k) Bowling alleys;
(l) Building material sales and storage;
(m) Catering;
(n) Churches, temples, synagogues;
(o) Day care centers;
(p) Department stores;
(q) Detective agency;
(r) Diaper service;
(s) Dog grooming;
(t) Dry cleaners;
(u) Farm equipment, sales/service;
(v) Financial institutions;
(w) Florist;
(x) Funeral home, chapel, services;
(y) Health centers;
(z) Hospitals;
(aa) Job training, vocational rehabilitation service;
(bb) Laundry, coin operated;
(cc) Libraries;
(dd) Locksmith: no exterior storage;
(ee) Medical and dental lab;
(ff) Medical and dental clinics;
(gg) Membership organization: meeting hall, refreshments;
(hh) Motion picture theaters;
(ii) Museums and art galleries;
(jj) Offices, business, government, professional;
(kk) Offices, medical, dental;
(ll) Parking lot, garage;
(mm) Photo studio;
(nn) Photo finishing lab;
(oo) Physical education center, all inside;
(pp) Printing, blueprinting operation;
(qq) Radio, TV stations;
(rr) Recreation: indoor commercial;
(ss) Repairs: electrical, refrigeration;
(tt) Repairs: household, personal goods;
(uu) Residential, not ground floor;
(vv) Restaurants;
(ww) Retail: apparel and accessory;
(xx) Retail: bakery, butcher, fruits, vegetables;
(yy) Retail: furniture, appliances
(zz) Retail: general merchandise;
(aaa) Retail: grocery, hardware, drug, liquor;
(bbb) Retail, used merchandise;
(ccc) Retail: video sales, rentals;
(ddd) Schools, dance;
(eee) Schools: correspondence, professional, business;
(fff) Schools, vocational;
(ggg) Services to buildings, no exterior storage;
(hhh) Shoe repair, shine, hat cleaning shops;
(iii) Shopping center 100,000 gross square feet;
(jjj) Social services, individual and family;
(kkk) Tailors;
(lll) Taxidermist;
(mmm) Trade schools, no heavy equipment, truck operators;
(nnn) Upholstery cleaning without plant; and
(ooo) Vet’s office, household pets.
(2) Not withstanding the foregoing, any use not established at the time this chapter is adopted shall only be permitted if it is consistent with the impact standards set forth in this subchapter and if it is located on sites whose site plan has been approved by the Board of Zoning Appeals.
(C) Conditional uses.
(1) The following uses may be allowed as a conditional use in the C4 District:
(a) Amusement parks;
(b) Arenas, stadiums and sports fields;
(c) Car wash;
(d) Cemeteries;
(e) Crematories;
(f) Dry cleaning plants;
(g) Farmers market;
(h) Flea markets;
(i) Motion picture drive in theater;
(j) Radio and TV towers;
(k) Repair: welding, automotive, machinery;
(l) Shopping center in excess of 100,000 square feet;
(m) Taxi operations; and
(n) Any commercial activity in excess of 200,000 gross square feet.
(2) Notwithstanding the foregoing, any use not established at the time of this chapter is adopted shall only be permitted if it is consistent with the impact standards set forth in this section and if it is located on sites whose site plan has been approved by the Board of Zoning Appeals.
(D) Conditional use requirements.
(1) Use of land classified as a conditional use within this zoning district shall provide the town with a development impact statement. The development impact statement is designed to provide the decision-making process with adequate information relating to the impacts a large scale commercial use will have on economic, environmental, aesthetic, cultural, residential and public services within the community.
(2) Criteria to be addressed in a development impact statement shall include the following.
(a) Economic statement.
1. Projected property tax generation;
2. Projected sales tax generation adjusted for economic shift;
3. Projected benefits due to expanded customer/consumer service/product mix to be provided to the community; and
4. Impacts on surrounding property values.
(b) Environmental statement.
1. Existing storm and sanitary sewers and their capacity;
2. Soils type and classification for agricultural uses and structural stability;
3. Slope, proposed cut and fill;
4. Floodplain locations and impact of proposed development;
5. Protected water table recharge areas and development impacts;
6. Impacts on surrounding land use, quality of life factors relating to physical, cultural and aesthetic impacts the proposed development may have on surrounding existing land uses; and
7. Construction phases impacts, traffic on residential streets, erosion, inconvenience.
(c) Public services statement.
1. Transportation systems network, impact;
2. Police/fire protection impact; and
3. General services impacts.
(3) This statement may be replaced by a statement of no impact for the redevelopment expansion or reconstruction of existing urban centers. The statement of no impact shall include rationale for each of the above criteria. The statement must outline the center’s use of existing services and how the redevelopment, reconstruction or expansion of the center will not impact those existing services.
(4) Any application which does not include all of the indicated materials shall be rejected and returned to the developer.
(E) Site plan review.
(1) Allowable uses, permitted and conditional, in the C4 District are deemed to have the potential for adverse impacts if haphazardly located and laid out on their respective zoning lot. Such impacts may interfere with the use and enjoyment of adjacent property and uses.
(2) Site plan review for commercial districts is required to protect the local economy, maintain safe traffic conditions, maintain the environment and assure harmonious land-use relationships between business uses and more sensitive land-uses in affected areas. Therefore, allowable uses, permitted and special, shall be subject to site plan review by the town’s Site Review Advisory Committee.
(3) No building permit shall be issued nor structure or building shall be erected, in any of the commercial districts, nor shall existing buildings be altered, remodeled or enlarged or extended until the Site Review Advisory Committee (SRAC) has approved a site development plan as outlined in § 157.039.
(4) The SRAC may approve the proposed site development plan with or without conditions. The SRAC may deny approval of the total site proposal or a portion thereof if it finds that conditions, standards or purposes of this section; or other germane sections of the chapter; or the policies of the official Comprehensive Plan; or the general development policies and specific site design guidelines of the town have not been complied with.
(5) The Site Review Advisory Committee may waive or otherwise grant relief in the form of minor variations from the standards for bulk and design controls. MINOR VARIATIONS are defined as variations which allow a variation of up to 20% of the listed standard for the following cases:
(a) The application of a design or impact control would cause an undue adverse impact on adjoining or nearby property;
(b) The application of a particular design standard or control would cause an unsafe condition; and
(c) 1. The granting of any relief from a design standard or control would enable better overall design and functioning that would not otherwise be achievable under strict applications of all bulk and design standards.
2. In no instance shall the Site Review Advisory Committee grant a minor variance in the transitional buffer yard requirements without a public hearing as per § 157.051.
(d) Impact controls and general restrictions in C4 District:
1. Residential dwelling units shall not be permitted below the second floor;
2. Mechanical equipment to be screened: all ground level and roof top mechanical equipment shall be fully screened from view from public streets;
3. Refuse control: temporary storage of refuse materials shall be limited to that produced on the premises. Refuse containers must be covered and shall be stored within completely enclosed buildings or placed in corrals providing complete screening from view;
4. Traffic generation managed: any allowable use or use authorized by the Zoning Administrator which meets the following conditions shall be required to submit a traffic impact analysis:
a. Any use in which the total floor area or outdoor retail sales lot area exceeds 50,000 square feet of gross floor area;
b. Every medical office building, clinic or office use where the total floor area exceeds 50,000 square feet;
c. Every hotel or motel with an excess of 100 rooms;
d. Every recreational facility, stadium or similar establishment with a parking requirement in excess of 1,000 spaces;
e. Restaurants in excess of 7,000 square feet; and
f. Drive-in or fast-food restaurants in excess of 3,000 square feet.
5. Sensory and nuisance impacts:
a. Processes, equipment and goods for sale shall be limited to those that are found by the Zoning Administrator not objectionable to the enjoyment and use of adjoining and adjacent zoning lots which are within 500 feet, because of odor, dust, smoke, gases, vapors, noise, vibration, refuse matter or water-carried waste; and
b. Any use or dissemination of sensory or fire, explosive or radioactive material in a manner or quantity that endangers the public health, safety, comfort or welfare is a public nuisance and declared unlawful.
6. Transitional buffer yard requirements:
a. A transitional buffer yard shall be required for all commercial uses which are located adjacent to or across the alley from any residentially zoned district. The transitional buffer yard required for any commercial district zoned lot shall be maintained as a planted or landscaped area only. Parking, storage, refuse containers or other structures, accessory or otherwise, shall not be located within any required transitional buffer yard;
b. Where a residential lot adjoins a nonresidential lot, or is across the alley from a nonresidential lot, the size of any required transitional buffer yard shall be 10% of the lot width or depth, whichever is applicable. The yard depth or width for a yard with varying widths or depths will be measured from the yard’s mid-point;
c. Such transitional buffer yards shall extend the entire length of the abutting residential zoning district. The minimum transitional buffer yard required for any nonresidential development shall be ten feet in width. The maximum transitional buffer yard shall be 100 feet in width. Transitional buffer yard widths may be reduced as provided for in § 157.065;
d. All landscaping shall be subject to review by the Site Review Advisory Committee as provided for in § 157.065; and
e. Access drives serving a transitional lot shall not be located within any required transitional buffer yard.
7. Lighting:
a. Fixtures located on or within business zoning districts shall be located, directed or designed in such a manner as to contain direct light and glare to the commercial district zoned parcel only; and
b. Lighting proposed for any development shall be indicated on the site plan and shall include the following information:
i. Height of fixture;
ii. Type of fixture;
iii. Light throw area; and
iv. Location of fixture.
8. Off-street parking and loading:
a. Off-street parking and loading shall be accessory to the principle use, provided in accordance with the regulations of § 157.181; and
b. Overnight parking for vehicles used to carry out the business activity of the establishment shall be limited to an enclosed area or areas to the rear of the building.
9. Landscaping and screening: detailed landscaping and screening standards are set forth in § 157.065.
11. Permanent outdoor storage or display:
a. The storage or display of outdoor merchandise materials or inventory shall not encroach into areas of required parking;
b. The storage or display of outdoor materials, merchandise or inventory shall not be located in required yard area within the lot;
c. Lighting of outdoor storage or display areas shall be directed or shaded in a fashion which contains the light to the display area; and
d. Outdoor display areas located adjacent to a required transitional buffer yard shall be required to screen the display area.
12. Pedestrian access:
a. Designated pedestrian and bicycle pathways shall be provided and marked from the public sidewalk to the main entrances of the principal building;
b. Separate, designated pedestrian access shall be provided between parking areas and major entrances of a building or use which is required to provide 50 or more parking spaces;
c. Secure bicycle parking facilities shall be provided;
d. Handicapped loading and unloading areas shall be required in a circulation drive in an area convenient to the main entrance to the principal building and zoning lot; and
e. Handicapped parking and barrier-free site design facilities shall conform to the Americans With Disabilities Act regulations.
13. Impact, bulk and design controls: in addition to meeting the requirements of this division (E)(5)(d), petitions for improvement location permits in the C4 District must also meet the following requirements of this division (E)(5)(d)13:
a. Minimum lot size: ten acres;
b. Minimum lot width: none;
c. Maximum allowable building height: 45 feet;
d. Minimum yard requirements.
i. Abutting nonresidential:
A. Front and corner side yard: a minimum front yard of 50 feet, or a front yard equal to the average front yard of the developed parcels within the same block, shall be required for all new nonresidential development. Other than the minimum driveway for access to the site, the front yard shall be maintained as a planted or landscaped area subject to the landscaping requirements in § 157.065;
B. No other side or rear yards shall be required except as required by the transitional buffer yard requirements.
ii. Abutting residential (transitional buffer yard): where a C4 lot abuts the side or rear lot line of a residential lot the side or rear yard shall be 10% of the lot width/length or 50 feet, whichever is greater.
e. Building setback: 5% of the average or width or depth of the lot.
f. Storage: outside storage is permitted, but not within required yards; outside storage shall be screened and landscaped per § 157.065.
g. Merchandise display: merchandise may be displayed outside the principal building except that no such display shall be within required off-street parking areas.
(Ord. 1997-1, § 130.7(E), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017)