(A)   The provisions of the C-P District are intended to apply to areas located adjacent to a main highway approach to the town. The types of uses permitted and restrictions are intended to serve the needs of the motorist and provide an amenable impression of the town. Large lot sizes and other restrictions are intended to minimize frequent ingress and egress to the highway from abutting uses, thereby allowing the thoroughfare to serve its primary function of carrying an uninterrupted flow of traffic.
   (B)   The following uses and structures are permitted for any use or group of uses that are developed, either separately or as a unit with certain site improvements shared in common, and developed on a site of three acres or less:
      (1)   Retail stores, sales, retail outlets and display rooms, including places in which goods are produced and sold at retail on premises;
      (2)   Personal service establishments such as barbershops and beauty shops, laundry and dry cleaning pickup stations, tailor shops and similar uses;
      (3)   Professional offices, studios, clinics, general offices, business schools and similar uses;
      (4)   Hotels, motels, guest cottages, containing no more than 25 dwelling units per gross acre;
      (5)   Eating and drinking establishments; however, all establishments selling alcoholic beverages shall also serve meals;
      (6)   Commercial recreation such as theaters, driving ranges, bowling alleys and similar uses except drive-in theaters and amusement parks;
      (7)   Research, design and development activities and accessory laboratories, subject to the following:
         (a)   Where the use does not involve:
            1.   Operation of heavy machinery or equipment;
            2.   Creation of noise, fumes, dirt or dust; or
            3.   Damage to or interference with other properties.
         (b)   Where all work is done within the building; and
         (c)   Where no product is manufactured except purely incidental results of the research, design and development activities for the purpose of these activities only and not for sale.
      (8)   Plant nurseries and greenhouses, providing that no outside display of merchandise shall be contained within 20 feet of the existing roadway.  A minimum of 3,000 feet must separate these uses;
      (9)   Retail stores using outside display areas, providing the following provisions are met:
         (a)   The area of outside display shall not exceed in size one-third the enclosed area of the principal structure;
         (b)   The outside display area shall be treated with a hard material suitable for pedestrian traffic;
         (c)   The outside display area may be open along the front of the lot but shall be effectively screened rendering the sides opaque in order to avoid any deleterious effect on adjacent properties; and
         (d)   The outside display area shall be considered the same as the floor area for the purpose of calculating off-street parking requirements, yard and lot coverage regulations.
      (10)   New and used motor vehicles, major recreational equipment and mobile home sales or rentals with accessory uses, subject to the following restrictions:
         (a)   A minimum of 3,000 feet must separate these uses. This includes any expansion of any existing use permitted under this section. Such distance shall be measured from the nearest point of a use to the nearest point of any other such use;
         (b)   All outside areas where merchandise is displayed shall be hard surfaced;
         (c)   All servicing and repair facilities except gasoline pumps shall be located in an enclosed structure;
         (d)   There shall be no storage of junked or wrecked automobiles other than temporary storage for those awaiting repair. The temporary storage shall be in an enclosed area and the vehicles shall not be visible from outside the property;
         (e)   Ingress and egress points shall not be placed so as to interfere with the movement of pedestrian traffic on public sidewalks;
         (f)   The lot or combination of lots upon which such use is located shall not exceed 2.5 gross acres; and
         (g)   Such lot or combination of lots shall not exceed 350 feet of road frontage.
   (C)   Accessory uses and structures are allowed as follows:
      (1)   Same as for R-2, § 157.240; and
      (2)   Customary accessory uses of one or more of the principal uses clearly subordinate to the principal use, in keeping with the highway approach character of the District.
   (D)   Permitted conditional uses are:
      (1)   Veterinary hospitals and clinics providing that the following conditions are met:
         (a)   All areas used for boarding or temporary housing of animals shall be completely enclosed unless appropriate safeguards are constructed to control objectionable odors and/or noise, as determined by the Board of Adjustment; and
         (b)   Any area used for boarding or temporary housing of animals shall be buffered from all adjacent properties by a visual and aural screen meeting the specifications of §§ 157.490 through 157.504 and any other conditions required by the Board of Adjustment.
      (2)   Service stations, provided the following specifications are met:
Minimum floor area
300 square feet exclusive of interior servicing area
Maximum height
25 feet
Setbacks other than required elsewhere in this district for gasoline pumps and other service island equipment
40 feet from all property lines
Underground storage is required for all receptacles for combustible materials in excess of 200 gallons
A visual screen meeting the specifications of §§ 157.490 through 157.504 may be required along the rear of the site and along the length of the sides
There shall be no repair work outside the principal structure other than minor service
A minimum of 3,000 feet must separate these uses
      (3)   Planned commercial development on a parcel three acres or more, subject to the provisions set forth in § 155.115;
      (4)   Marinas; and
      (5)   Single family residential uses east of U.S. 1, same as R-2, § 157.240.
   (E)   Prohibited uses and structures are:
      (1)   Residential uses, provided, however, the following shall apply:
         (a)   Effective  February 28, 2017, the residential uses prohibition herein shall not apply to:
            1.   A development of lots on any vacant land located in the corporate limits of the town that is zoned C-P and has a land use designation of low density residential, single-family dwellings as designated on the town's Comprehensive Land Use Plan prior to the effective date of this section [February 28, 2017];
            2.   Any application submitted for a preliminary plat for the development of lots in a subdivision pursuant to the town's Code prior to the effective date of this section, as long as the preliminary plat was properly filed, submitted and received by the town in accordance with the town's land usage regulations;
            3.   Any preliminary plat approved by the Town Council allowing for the development of lots in a subdivision pursuant to the town's Code prior to the effective date of this section;
            4.   Any development and to any home in a development that was developed and/or constructed in accordance with the town's Code prior to the effective date of this section;
            5.   Site plans meeting the requirements of § 157.139(B) submitted prior to the effective date of this section.
      (2)   Outdoor sales and/or display areas except as provided in this section;
      (3)   Manufacturing activities, transportation terminals, storage warehousing and other activities of a similar nature;
      (4)   All uses not specifically or provisionally permitted in this division; any use not in keeping with the highway approach character of the district; and
      (5)   All uses east of the eastern right-of-way line of U.S. Highway-1 as described in § 157.505 of the supplementary district regulations.
   (F)   (1)   Lot and structure requirements are:
Minimum lot area
15,625 square feet
Minimum lot width
150 feet; 200 feet if more than 3 acres
Minimum lot depth
150 feet
Maximum lot coverage
Minimum floor area
300 square feet
Maximum height
40 feet, except for those properties lying east of U. S. 1 right-of-way or those properties abutting existing developed single family residential properties where the maximum height will not exceed 25 feet
Minimum yard requirements
50 feet
   Side interior lot
25 feet
   Side corner lot
40 feet
30 feet
Maximum lot depth
500 feet
Minimum living area for hotel and motel guest cottage
250 square feet per unit
      (2)   There may be different yard requirements applicable pursuant to § 157.509.
   (G)   All riverfront properties with building construction plans submitted after September 1, 2011 are subject to the breezeway/visual corridor requirements as described in § 157.506 of the supplementary district regulations.
(2000 Code, § 66-431)  (Ord. 75-01, passed 7-14-1975; Ord. 99-02, passed 3-23-1999; Ord. 2006-15, passed 1-23-2007; Ord. 2007-03, passed 1-23-2007; Ord. 2009-05, passed 7-28-2009; Ord. 2011-01, passed 1-25-2011; Ord. 2011-06, passed 8-23-2011; Ord. 2011-12, passed 11-1-2011; Ord. 2012-12, passed 11-27-2012; Ord. 2013-03, passed 3-26-2013; Ord. 2015-04, passed 6-30-2015; Ord. 2017-01, passed 2-28-2017; Ord. 2018-04, passed 6-26-2018)  Penalty, see § 157.999