This district is intended to provide for a variety of retail shopping, office uses and miscellaneous personal and business service uses generally for the convenience of nearby residential neighborhoods. To enhance the general character of the district, its function of local and neighborhood service and its compatibility with residential surroundings, the range of permitted uses and the sizes of certain uses are limited.

(Code 1972, § 30-66; Code 1992, § 30-88; Ord. No. 2004-4, § 30-66, 9-7-2004)

In the B-1 Limited Business District, structures to be erected, or land to be used, may be for one or more of the following uses:

(1)

A single-family dwelling in association with a permitted office, business or commercial use in the same building or on the same premises for use by the proprietor or an employee of said business, including a family and one unrelated individual per unit.

(2)

Retail stores, including sale of accessories, antiques, appliances, art or art supplies, beverages (alcoholic or otherwise), books, carpets, clothing, drugs, fabrics, flowers, food, furniture, hardware, jewelry, gifts, office supplies and stationery, shoes, paint, wallpaper, sporting goods, and similar stores and shops.

(3)

Convenience stores with retail sales of gasoline, but not auto repair or servicing.

(4)

Bakeries, provided that the majority of products produced on the premises are sold at retail on the premises.

(5)

Banks and other financial institutions.

(6)

Dry cleaners, laundries and laundromats with floor area not exceeding 2,500 square feet.

(7)

Barber and beauty shops.

(8)

Fitness center or health club.

(9)

Offices, business, professional or administrative.

(10)

Clinics.

(11)

Churches and other places of worship.

(12)

Child day care center.

(13)

Public buildings to consist of fire, police and rescue squad stations, schools, recreational facilities, libraries, museums and art galleries. Private buildings to consist of schools, recreational facilities, libraries, museums and art galleries, with a conditional use permit.

(14)

Funeral homes and crematories.

(15)

Clubs and lodges, with a conditional use permit.

(16)

Restaurants, catering or delicatessen business.

(17)

Shoe repair or tailor shop with floor area not exceeding 2,500 square feet.

(18)

Printing and duplicating services, with floor area not exceeding 2,500 square feet.

(19)

Rental of household items, tools and appliances.

(20)

Public utilities, such as poles, lines, distribution transformers, pipes, meters and other facilities, necessary for the provision and maintenance of public utilities, including water and sewerage facilities; pumping and regulatory stations; substations; communications antennas; amateur radio towers. Communications monopoles with a conditional use permit.

(21)

Off-street parking and loading, as required.

(22)

Signs in accordance with the sign ordinance in article XXIV, signs.

(23)

Greenhouse or nursery, commercial, wholesale or retail, with a conditional use permit.

(24)

Adult day care center.

(25)

General hospitals.

(26)

Convalescent homes, rest homes, nursing homes and housing for the elderly and handicapped.

(27)

Reserved.

(28)

Recycling collection center with a zoning permit application and plan of operation approved by the administrator. The administrator may refer any proposed collection center application to the town planning commission or health official or both for their advice as to the desirability, practicability or health effects of any such center before issuing a zoning permit to any collection center applicant. Collection center zoning permits may be revoked at any time by the administrator or health official when such recycling center poses a threat to public safety, health or general welfare.

(29)

Construction trailers on active construction sites.

(30)

Family day homes, with a conditional use permit.

(31)

Portable storage containers, in accordance with section 42-662.

(32)

Janitorial services.

(33)

Personal service establishments.

(34)

Loudspeaker/sound amplification/outdoor sound system to be used in excess of the town's noise ordinance, with a conditional use permit.

(Code 1972, § 30-67; Code 1992, § 30-89; Ord. of 9-6-1988; Ord. of 6-20-1989; Ord. of 10-24-1989; Ord. of 7-2-1991; Ord. of 12-17-1991(1); Ord. of 6-2-1998; Ord. of 12-7-1999; Ord. No. 2000-2, 4-18-2000; Ord. No. 2001-1, 4-17-2001; Ord. No. 2004-4, § 30-67, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2008-4, 11-18-2008; Ord. No. 2008-6, 12-2-2008; Ord. No. 2012-6, § 30-89, 6-19-2012; Ord. No. 2012-10, § 30-89, 11-20-2012; Ord. No. 2017-7, 9-12-2017; Ord. No. 2018-4, 4-24-2018; Ord. No. 2018-5, 9-11-2018)

There shall be no minimum lot area or width required; except that the required area for permitted uses utilizing individual sewage disposal systems shall be approved by the health official. The administrator may require a greater area, if considered necessary by the health official.

(Code 1972, § 30-68; Code 1992, § 30-90; Ord. No. 2004-4, § 30-68, 9-7-2004)

Structures, temporary or permanent, shall be located 30 feet or more from any street right-of-way, or, in the event that buildings are already constructed on the same side of the street in the block, no new structure shall be closer to the street right-of-way line than a distance equal to the average of the distance to the street right-of-way of all existing structures in the same block on the same side of the street. This shall be known as the setback line. See article XVII for special setback regulations pertaining to the widening of highways and streets. See section 42-15 for special regulations pertaining to structural projections into the minimum required setback. Parking lots shall have a minimum setback of 15 feet from any street right-of-way. Restaurant outdoor dining areas shall have a minimum setback of 15 feet from any street right-of-way.

(Code 1972, § 30-69; Code 1992, § 30-91; Ord. of 4-3-1990; Ord. No. 2002-2, 3-5-2002; Ord. No. 2004-4, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2020-4, 1-12-2021)

(a)

No building or structure shall be located closer than 20 feet to the boundary of a residential district or located within any easement or right-of-way.

(b)

A minimum of 20 percent of the site shall be reserved for greenspace landscaping with no more than 50 percent of the greenspace in grass alone. The greenspace shall contain trees with a minimum height at time of planting of six feet or more at the ratio of one tree per 400 square feet or less of greenspace area. Such greenspace is to be distributed uniformly around the perimeter of the site or distributed throughout the parking and pedestrian areas.

(c)

A landscaping plan with all areas drawn to scale shall be submitted as part of the site plan.

(d)

Preservation of existing trees is encouraged and shall be credited toward the landscaping requirement.

(e)

Sidewalks shall be required for all new development. In lieu of sidewalks, an owner-developer may provide a paved multi-use trail if approved by the town manager. The trail must be a minimum of ten feet in width and adjoin the street right-of-way. A trail must run the entire road frontage of the parcel. In the absence of unreasonable hardship, the town manager will not approve a trail for parcels whose adjoining parcels have sidewalks such that a trail connects to a sidewalk. The zoning administrator/town manager may waive this requirement in circumstances that sidewalks do not provide desired connectivity and/or are not physically practical due to site limitations provided the owner/developer makes a contribution in an amount approximate to the sidewalk installation cost to the town to be utilized for sidewalk improvements and/or repairs in other locations. The zoning administrator/town manager may refer the decision regarding the connectivity and/or practicality to the planning commission should there be any doubts. The town manager/town engineer shall make the determination of the approximate sidewalk installation cost.

(f)

Structural projections into minimum required yards shall be permitted in accordance with section 42-15.

Sidewalks shall be required whenever a new principal building is built or an existing principal building is renovated or expanded sufficiently to increase its value by 25 percent before a certificate of occupancy may be issued.

(Code 1972, § 30-70; Code 1992, § 30-92; Ord. of 5-2-1989; Ord. of 6-20-1989; Ord. of 7-2-1991; Ord. of 6-2-1998; Ord. No. 2004-4, § 30-70, 9-7-2004; Ord. No. 2013-6, § 30-92, 5-7-2013; Ord. No. 2015-1, 4-28-2015; Ord. No. 2020-4, 1-12-2021)

Buildings may be erected up to 35 feet in height from street grade or lot grade at setback line, whichever is greater; except, that:

(1)

A public or semi-public building such, as a school, church, library or hospital, may be erected to a height of 60 feet from grade; provided, that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(2)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues and flagpoles shall be exempt from this section.

(3)

Parapet walls may be up to four feet above the height of the building on which the walls rest.

(4)

No accessory building which is within ten feet of any property lot line shall be more than one story high.

(5)

Accessory buildings shall not exceed the main structure in height, except that when the accessory building is located at a lower ground elevation, then the elevation of the roofline of the accessory building shall not be higher than the elevation of the roofline of the main structure, but not to exceed two stories in height.

(Code 1972, § 30-71; Code 1992, § 30-93; Ord. of 12-17-1991(2); Ord. No. 2004-4, § 30-71, 9-7-2004)