(A) Uses.
(1) Establishments for the retailing of goods and merchandise such as but not limited to: food, groceries, clothing, hardware, toiletries, furniture and furnishings, gasoline, meals, alcoholic beverages, package stores, vehicles including accessories and servicing, jewelry, appliances, books, boutiques, farmer’s markets including seasonal fruit, vegetable and plant sales, antiques and similar establishments.
(2) Establishments for the sale or provision of services such as, but not limited to: personal appearance or care, health care, finance, legal, insurance, real estate, accounting, clothing and goods repair, offices, printing, entertainment, recreation, hotels, motels, educational institutions, food and drink, apartments, and similar establishments.
(3) Establishments for community, cultural and educational purposes such as, but not limited to: museums, libraries, churches, schools, art galleries, theatres, boutiques, art and photography studios, picture framing, printing, publishing, recreation and community centers, public safety buildings, and similar institutions and establishments.
(4) All activities involving the production, processing, cleaning, servicing, testing, or repair of materials, goods or products shall conform with the established performance standards, provided that performance standards shall in every case be applied at the boundaries of the lot on which such activities take place.
(B) Accessory uses permitted. Accessory uses are allowed when they are clearly incidental and subordinate to an adjoining permitted principal use. Wholesaling, warehousing, or light industry will be considered only in mixed-use properties with public and pedestrian oriented ground level facilities.
(C) Prohibited uses. The uses prohibited in the Business District area are those which are land intensive, as opposed to people intensive, and include prohibition of the following: industry and manufacturing; truck terminals and freight yards; outdoor and land intensive recreation such as drive-in theaters or race tracks; scrap or junk yards; stock yards; and similar uses.
(D) Dimensional requirements.
(1) Modifications to existing nonconforming buildings, including parking lots and accessory uses, shall be exempt from the dimensional requirements contained herein, provided however that any modification to a building’s facade must comply with division (E)(4). A modification shall be defined as an addition with its own footprint having an area no more than 50% of the existing area of the building, parking lot, or accessory use being modified.
(2) All new construction shall have its primary entrance facing the front property line. This entrance must be readily apparent as a prominent architectural component as well as displaying the street number. Lots fronting more than one street shall designate one street as the front property line. Plan submittals to the town shall clearly designate the front property line.
(3) Rear setback is five feet minimum.
(4) Side yard setbacks shall not be more than five feet from side property lines except that one side yard setback may be a maximum of 20 feet.
(E) Off-street parking provisions.
(1) There shall be no parking required for individual establishments in the Downtown Business District, except as noted hereinafter. This will encourage the establishment of new enterprises which would find it especially difficult to provide parking on relatively small building lots.
(2) All surface parking lots require a five foot minimum width landscaping area between the vehicular use area and any street right-of-way, adorned with visual screening (fencing or landscaping, or living hedge) between 30 and 42 inches in height, plus a minimum of one tree per 25 linear feet. Landscape plans shall be approved by the Town Council. Automobile access to any parking lot from the front property right-of-way is prohibited unless an alley entry or side yard ingress/egress is not practical, as determined by the Town Manager.
(F) Sign provisions. To be addressed in future addendum to Special Ordinance #2007-715.
(G) Variance from special ordinance. Applications for variances are permitted from any provision of this special ordinance except for the provisions of division (D).
(Ord. 2007-715, passed 2-21-2007)