(A) Generally. This district is established as a district in which the principal use of land is for commercial and service use to serve the surrounding residential district(s) and in which traffic and parking congestion can be reduced to a minimum in order to preserve residential values and promote the general welfare of the surrounding residential district(s). In promoting the general purpose of this chapter, the specific intent of this section is:
(1) To encourage the construction of and continued use of the land for neighborhood commercial and service purposes;
(2) To prohibit residential, heavy commercial, and industrial use of the land and to prohibit any other use which would substantially interfere with the development or continuation of the commercial structures in the district; and
(3) To discourage any use which, because of its character or size, would interfere with the use of land surrounding the district as a residential area.
(B) Permitted uses.
(1) Accessory uses and structures incidental to any permitted principal use;
(2) Display models;
(3) Artist and craftspeople studios, displays, or shops;
(4) Assembly halls;
(5) Automobile parts and accessories (new);
(6) Automobile service stations;
(7) Automobile car wash;
(8) Bank, savings and loan company, and other financial institutions;
(9) Boarding house and bed and breakfast;
(10) Business and professional offices, including architects, real estate, legal, engineers, accountants, and physicians;
(11) Personal service establishments, such as barber shops, beauty shops, and styling salons;
(12) Clinic (medical and dental);
(13) Club or lodge (civic, charitable, and fraternal);
(14) Convenience store;
(15) Child day-cares/nurseries/after-school care facilities with an adequate fenced-in outdoor play area;
(16) Fire, police, and emergency services station;
(17) Food store;
(18) Grounds and facilities for public recreation such as community center buildings, parks, playgrounds, and similar facilities operated on a nonprofit basis;
(19) Laundry (commercial);
(20) Laundry (customer self-service);
(21) Library;
(22) Public buildings (town, county, state, federal, or regional authority);
(23) Restaurants; and
(24) Mini-storage buildings.
(C) Dimensional requirements. Within the NB District as shown on the Zoning Map, all of the following dimensional requirements shall be complied with:
(1) No NB District shall contain less than one-half acre or more than ten acres;
(2) Minimum required lot area: 8,000 square feet;
(3) Minimum required front yard setback: 35 feet (unless otherwise stipulated);
(4) The minimum required setback for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum required setback for a display model shall be 15 feet from a street, road, or highway right-of-way;
(5) Minimum required side yard: 20 feet (unless otherwise stipulated);
(6) The minimum required setback for the outermost section(s) of an overhead canopy (attached or unattached) or the outer edge of any fuel pump island shall be ten feet from a street, road, or highway right-of-way. The minimum required setback for a display model shall be 15 feet from a street, road, or highway right-of-way; and
(7) Minimum required rear yard: 20 feet.
(D) Building height limits. No building shall exceed 35 feet in height unless the depth of the front and total width of the side yards required herein shall be increased one foot for each two feet, or fraction thereof, of building in excess of 35 feet.
(E) Location of accessory buildings. No accessory building shall be erected in any required yard; provided, accessory buildings shall be permitted in the required side and rear yards on condition that the accessory buildings shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted accessory buildings shall be located at least ten feet from the principal building and shall not encroach into any required easement(s). Furthermore, accessory building(s)/use(s) shall be allowed on a contiguous lot or tract of land so long as it remains under common ownership with the principal building/use with which it is associated if the principal building/use itself would also be permitted on such lot/tract; all accessory buildings located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.
(F) Location of gazebos. Gazebos shall be allowed in any yard; provided, the gazebo shall be located at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way. In addition, all permitted gazebos shall be located at least ten feet from the principal dwelling and shall not encroach into any required easement(s). Furthermore, one gazebo shall be allowed on a contiguous lot or tract of land under common ownership from the principal building/use with which it is associated if the principal building/use itself would also be permitted on the lot/tract. All gazebos located on contiguous lots shall not encroach into any required easement(s) and shall be at least five feet from a street right-of-way and at least five feet from any property line not located on a street right-of-way.
(G) Corner visibility. On a corner lot, within the area formed by a triangle 25 feet from the intersection of right-of-way lines, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average center line grade of each street.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 12-9-2008; Ord. passed 6-29-2021) Penalty, see § 154.999