§ 58-56.1. B-1(CD) general business conditional district.
The B-1(CD) general business conditional district is designed primarily for retailing of merchandise such as convenience grocery sales, drugs and household items, and for furnishing certain personal, business and professional services for the convenience of residents of local neighborhoods in accordance with the intent described in subsection 58-5(3)b. Development in a B-1(CD) general business conditional district may occur in accordance with the requirements for conditional zoning as outlined in section 58-271. Development occurring within the downtown overlay district must also meet the requirements outlined in section 58-272. Rezoning to a B-1(CD) general business conditional district shall only be applicable to areas designated for business in the town's land use plan. The standards established for these business areas are designed to protect abutting or surrounding residential areas from undesirable aspects of nearby business development. Any development or redevelopment occurring after August 1, 2010 shall comply with MX development standards.
(1)
Permitted uses.
a.
Essential services, classes I, II, III and IV.
b.
Retail trade and services.
1.
Antique stores.
2.
Arts and crafts stores.
3.
Banks and financial institutions.
4.
Book and stationery stores.
5.
Drugstores.
6.
Dry cleaning pickup stations and laundry pickup stations.
7.
Florists and gift shops, excluding nurseries.
8.
Government facilities, such as town hall or post offices.
9.
Hardware stores, including feed and seed.
10.
Jewelry stores.
11.
Business, professional and public offices.
12.
Restaurants, excluding drive-ins and fast-food.
13.
Tailor, dressmaking and millinery shops.
14.
Libraries.
15.
Schools for the arts.
16.
Health/sports clubs.
17.
Barbershops and beauty shops.
18.
Day care centers.
c.
Other uses.
1.
Accessory uses, in accordance with section 58-16.
2.
Signs, in accordance with article V of this chapter.
3.
Off-street parking and loading, in accordance with article VI of this chapter.
4.
Service stations and convenience stores, provided that all bulk fuels are stored underground. Petroleum pumps and canopies must be located a minimum of 80 feet behind any street right-of-way line.
5.
Wholesale sales and distribution facilities with related office storage and warehousing entirely within enclosed buildings.
6.
Shops for individuals normally classified as artisans or craftsmen (e.g., watch and clock makers, cabinet makers, furniture makers, glass blowers, pottery makers and similar vocations which normally require special talent or expertise), pursuant to the following guidelines:
i.
Total shop and sales area shall not exceed 2,500 square feet, of which 500 square feet must be devoted to the sales area.
ii.
Operation of the facility shall be limited to the artisan or craftsman himself and no more than two apprentices.
7.
Telecommunication towers.
8.
Small cell telecommunication facility.
(2)
Development standards.
a.
Yard requirements. Within any B-1 district, the following dimensional requirements shall apply:
1.
Minimum lot area: None.
2.
Minimum lot width: None.
3.
Minimum front yard setback:
i.
Essential services, class IV: Ten feet from existing right-of-way.
i.
All other uses: None except 80 feet from existing right-of-way.
4.
Minimum side yard setback:
i.
Essential services, class IV: Ten feet.
ii.
All other uses: None, provided that 20 feet shall be required on a corner lot when the side yard abuts any residential street.
5.
Minimum rear yard setback:
i.
Essential services, class IV: Ten feet.
ii.
All other uses: None, provided that 20 feet shall be required when the rear yard abuts any residential district.
6.
Maximum building height:
i.
Essential services, class IV: Ten feet.
ii.
All other uses: 35 feet, except as permitted in section 58-15.
7.
Screening: Screening and landscaping shall be provided in accordance with section 58-8.
8.
Off-street parking and loading: Off-street parking and loading shall be provided in accordance with article VI of this chapter.
9.
Stormwater management: The postdevelopment rate of stormwater runoff from any lot shall not exceed the predevelopment rate of runoff for a 10-year storm. The applicant shall provide, at a minimum, the following information to the zoning administrator as part of his application to obtain a zoning permit:
i.
An engineering report made and certified as true and correct by a registered engineer licensed to do business in the state. Such report shall include the following:
A.
The routing of stormwater for the predevelopment and postdevelopment conditions of the proposed building lot.
B.
Calculations showing the peak estimated rates of runoff using a ten-year return period for predevelopment and postdevelopment conditions, for the lot, including each stream leaving the proposed building lot.
C.
Calculations, plans and specifications for stormwater retention/detention facilities or other means to effect peak rate attenuation.
D.
A statement indicating the rate of postdevelopment stormwater runoff for the proposed building lot will not be greater than the predevelopment rate for a 10-year storm.
ii.
A statement from the owner acknowledging responsibility for the operation and maintenance of required retention/detention facilities, and to disclose such obligation to future owners.
(Ord. No. O-2010-09, 6-14-2010; Ord. O-2015-12, 6-8-2015; Ord. No. O-2017-10, 6-12-2017)