§ 152.117 CB - COMMUNITY BUSINESS DISTRICT.
   (A)   Intent. The CB - Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district often include outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby Residential Districts.
   (B)   Permitted uses.
      (1)   Primary uses. See Appendix A, Permitted Use Table.
      (2)   Special exception uses. See Appendix A, Permitted Use Table.
      (3)   Accessory uses. See § 152.119.
      (4)   Temporary uses. See § 152.120.
   (C)   Development standards.
      (1)   Minimum lot width and frontage. Each lot or integrated center shall have a minimum lot width and frontage on a public street of 50 feet.
      (2)   Minimum yards and building setbacks.
         (a)   Front. A minimum front yard and building setback of 25 feet measured from the proposed right-of-way of all streets shall be provided along all streets.
         (b)   Minimum side yard and setback. Shall be provided from the lot line as follows:
            1.   Minimum side yard: 10 feet.
            2.   Minimum side residential bufferyard: 20 feet.
         (c)   Minimum rear yard and setback. Shall be provided from the lot line as follows:
            1.   Minimum rear yard: 10 feet.
            2.   Minimum rear residential bufferyard: 20 feet.
         (d)   Minimum yards for out lots.
            1.   Out lots. Out lots within an integrated center shall provide a minimum yard of 5 feet along all lot lines in common with other out lots or 10 feet along all lot lines in common with the main portion of the integrated center.
            2.   Perimeter out lots. If any portion of an out lot abuts the perimeter of the integrated center, that portion of the out lot shall be required to comply with the applicable minimum front, side or rear yard requirements set forth above.
            3.   Integrated center. The main portion of the integrated center shall not be required to provide a minimum yard along the lot line in common with any out lot.
      (3)   Use of minimum yards and residential bufferyards. All minimum yards and residential bufferyards shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in §§ 152.185 through 152.194 and shall remain free from structures, except where expressly permitted below:
         (a)   Minimum front yards may include: parking areas or gasoline sales areas, provided that no portion of the areas may be located closer to the right-of-way than 15 feet; driveways; or signs as regulated by §§ 152.230 through 152.236, and shall otherwise be maintained as open space free from buildings or structures;
         (b)   Minimum front residential bufferyards may include: driveways; or signs as regulated by §§ 152.230 through 152.236 and shall otherwise be maintained as open space free from buildings or structures;
         (c)   Minimum side and rear yards: minimum side yards and minimum rear yards may include: parking areas; interior access drives; interior access driveways; walkways; or pedestrian ways connecting to adjoining lots or developments, provided that the remainder of the yards shall be maintained as open space free from buildings or structures;
         (d)   Minimum side and rear yards for out lots: minimum side yards and minimum rear yards of an out lot may include: parking areas; interior access drives; interior access driveways; walkways; or pedestrian ways connecting to adjoining out lots or developments, provided that the remainder of the yards shall be maintained as open space free from buildings or structures;
         (e)   Minimum side and rear residential bufferyards: shall be maintained as open space free from buildings or structures.
      (4)   Maximum height. All buildings or structures (including transmission towers), 50 feet.
      (5)   Landscaping. See §§ 152.185 through 152.194.
      (6)   Lighting. See §§ 152.210 through 152.215.
      (7)   Sign. See §§ 152.230 through 152.236.
      (8)   Parking. See §§ 152.250 through 152.258.
      (9)   Loading. See §§ 152.270 through 152.277.
      (10)   Greenway connection required. If the lot abuts any portion of a greenway, a direct linkage from the project to the greenway shall be provided.
      (11)   Outdoor operations. All uses and operations (except off-street parking, off-street loading and delivery, walk-up customer service windows and drive-through customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below:
         (a)   Outdoor seating for restaurants:
            1.   Shall not be located between a building line and a residential bufferyard;
            2.   Shall not be located in any required yard or any street right-of-way unless otherwise approved by the Indiana Department of Transportation and the town;
            3.   Shall be located adjacent to the business’ tenant bay or storefront;
            4.   Shall be included in the calculation of required foundation landscaping area and any applicable building foundation landscaping area and associated foundation landscaping shall be extended or relocated around the perimeter of the outdoor seating area;
            5.   Shall not exceed 25% of the gross floor area of the restaurant;
            6.   Shall not block an entrance or exit to or from the business or building; and
            7.   Shall be located so as to not interfere or conflict with sidewalks, walkways, pedestrian ways, required parking areas, required loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards, or foundation landscaping.
         (b)   Vending machines:
            1.   Shall abut the exterior wall of the building; and
            2.   Shall not be located in a required yard or required residential bufferyard.
         (c)   Outdoor display or sales of merchandise:
            1.   Shall be accessory to the primary use;
            2.   Shall not exceed the lesser of: 10% of the gross floor area; or 20,000 square feet, for each non-related and separately operated use;
            3.   Shall not be located in a required yard or required residential bufferyard; and
            4.   Shall be located so as to not interfere or conflict with sidewalks, walkways, pedestrian ways, entrances or exits to or from the business or building, required parking areas, required loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards, or foundation landscaping.
         (d)   Gas pumps. Gasoline pumps, provided that no outdoor operations other than the dispensing or installation of gasoline, oil, antifreeze and other similar products and the performance of minor services for customers as related to the dispensing or installation are conducted on the site.
         (e)   Walk-up or drive-through customer service windows. Walk-up or drive-through customer service windows or automated teller machines (ATMs), provided that the facilities shall be located so as to not interfere or conflict with sidewalks, walkways, pedestrian ways, entrances or exits to or from the business or building, parking areas, loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards, or foundation landscaping.
      (12)   Architecture.
         (a)   Additions to existing buildings. All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building.
         (b)   Exterior renovations, major additions and accessory buildings. Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in division (C)(12)(c), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in division (C)(12)(a), above, for additions to existing buildings.
         (c)   New construction. In order to create variation and interest in the built environment, all new primary buildings shall comply with 1 of the following 2 sets of architectural regulations regarding building material and architectural features on each façade visible from a public street:
            1.   All brick (excluding window, display window, door, roofing, fascia, and soffit materials), provided that the brick used on each applicable façade shall include:
               a.   At least 2 architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, and the like); or
               b.   At least 2 colors of brick, with the secondary color constituting a minimum of 10% of the façade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or
            2.   Two or more building materials (excluding window, display window, door and roofing materials), provided:
               a.   Primary building material. The primary building material shall be either: brick; stone (limestone, granite, fieldstone, and the like); architectural pre-cast concrete, if the surface looks like brick or stone; or exterior insulation and finish system (E.I.F.S.) or equivalent, and shall constitute a minimum of 50% of each applicable façade.
               b.   Secondary building material. The secondary building material shall constitute a minimum of 10% of the façade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material.
               c.   Architectural features. In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, and the like) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, and the like) on each façade visible from a public street.
(Ord. 1221, § 4.03, passed 1-26-2010)