In Business District B-3, structures to be erected or land to be used shall be for one or more of the following uses:

10-1-1 Uses permitted by right. (Revised 5/12/09)

(1)

All business uses allowed by right in the B-1 and B-2 District

(2)

Building material sales

(3)

Convenience stores

(4)

Dance halls

(5)

Equipment sales and repair shops

(6)

Fireworks, temporary only

(7)

Hotels/motels

(8)

Mini-storage units

(9)

Modular building sales

(10)

Night clubs

(11)

Parking structure, open and non-accessory, for storage of private passenger autos only

(12)

Service contractor

(13)

Equipment rental and leasing provided all equipment shall be screened by a wall, fence, or landscaping screen not less than six feet in height

(14)

Vehicle repair garages

(15)

Vehicle sales, service and rental business

(16)

Temporary events zoning permit as defined by section 16-19 (Revised 6/26/12)

(17)

Light industrial, research, development and related manufacturing as provided in article 10-12, that is less than 25,000 square feet

(18)

Health and fitness centers

10-1-2 Uses permitted by special use permit. (Revised 5/12/09)

(1)

Auction galleries

(2)

Fuel distribution center

(3)

Highway retail service centers/truck stops

(4)

Hospitals

(5)

Outdoor recreation facilities

(6)

Portable sanitation, sale/rental and storage

(7)

Bus, truck and taxi terminals

(8)

Heavy equipment and heavy vehicle parking and storage yard

(9)

Any business use permitted in the business B-1 or B-2 Zoning District under [subsection] 8-1-2 or 9-1-2 unless allowed by right under [subsection] 10-1-1

(10)

Light industrial, research, development and related manufacturing as provided in article 10-12 that exceeds 25,000 square feet.

(Ord. of 6-12-18; Ord. of 4-14-20; Ord. of 07-08-2025(1))

Where the sewage treatment demand exceeds 5,000 gallons per day, permitted uses shall be served by a central sewer facility as approved by the health department and department of environmental quality. The standard shall also apply to commercial developments with multiple uses that cumulatively exceed 5,000 gallons per day. Where a permitted use involves new construction and is located within 350 feet of an available sewer collection line of a central sewer facility, such use shall be subject to a mandatory connection to that system.

(Ord. of 6-12-18)

There is no minimal lot size in a B-3 zone other than the area required to meet the standards for setbacks, sewage treatment, or other standards required by this ordinance.

10-3-1 Structures except signs shall be located 25 feet or more from the edge of the right-of-way of any road with three lanes or more, or 15 feet or more from the edge of the right-of-way of any road with two lanes or less. This shall be known as the setback line. (Revised 5/28/13)

10-3-2 Public telephone booths may be located within the required setback, but no closer to any street than the existing right-of-way line or right-of-way reservation line, provided that:

(1)

Such booths shall be equipped for emergency service to the public without prior payment;

(2)

The location of every booth shall be determined by the zoning administrator to ensure that the same will not adversely affect the safety of the adjacent highway;

(3)

Every such booth shall be subject to relocation, at the expense of the owner, whenever such relocation shall be determined by the zoning administrator to be reasonably necessary to protect the public health, safety and welfare or whenever the same shall be necessary to accommodate the widening of the adjacent highway.

(Ord. of 6-12-18)

10-4-1 The minimum side and rear yards adjoining or adjacent to a residential, agricultural, or conservation district shall be 50 feet.

10-4-2 Accessory uses, including parking areas, shall be located 20 or more feet from side and rear lot lines adjoining or adjacent to a residential, agricultural, or conservation district.

(Ord. of 6-12-18)

Buildings may be erected up to 35 feet in height from grade, except that:

10-5-1 The height limit for buildings may be 50 feet from grade provided that required front, side and rear yards shall be increased one foot or more of side yard for each additional foot of building height over 35 feet. (Revised 2/26/13)

10-5-2 Cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae, and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

10-5-3 No accessory structure which is within ten feet of any lot line shall be more than one story high; accessory structures shall be less than the main structures in height, except as herein provided. (Revised 8/23/11)

10-5-4 The board of supervisors may authorize, by special exception, issued in accordance with all applicable procedural requirements, to increase the building height regulations. (Revised 2/26/13)

(Ord. of 6-12-18)

Screening, including an evergreen hedge, a uniformly painted solid fence, a masonry wall, or a combination thereof, of permitted uses may be required by the administrator.

(Ord. of 6-12-18)

Signs shall conform to article 14 of this ordinance.

(Ord. of 6-12-18)

New uses and changes in use in the B-3 District shall submit a site development plan prior to application for a building permit in accordance with article 19 of this ordinance.

(Ord. of 6-12-18)

Off-street parking shall be provided as required by article 16 of this ordinance.

(Ord. of 6-12-18)

Interior circulation aisles shall have a minimum width of 20 feet. Adequate control devices such as signing, pavement markings and physical barriers may be required under the provisions of article 19 for a site development plan. When feasible, internal aisles and traffic patterns may be planned to provide off-highway access to adjoining compatible commercial uses and properties, and designed to connect with such internal aisles as may be existing or anticipated on these adjacent properties.

(Ord. of 6-12-18)

Minimum performance standards.

• All outdoor storage shall be screened.

• All uses shall be conducted entirely within enclosed structures.

• The maximum by right unit sizes shall be 30,000 square feet. A special use permit is required for unit sizes that exceed 30,000 square feet.

• Loading bays.

◦ All loading bays shall be located so that they are not visible from road rights-of-way. All loading bays shall be screened from view by the building, landscaping, walls or decorative fencing.

◦ Except during the process of loading or unloading, trucks and trailers shall not be parked outside the building, unless parked in screened areas not visible from adjacent road rights-of-way or properties.

◦ The zoning administrator may waive any and all of the loading bay location and screening requirements when a site is bordered by two or more road rights-of-way. In no case shall a loading bay be visible from an arterial or collector road, as identified by the Greene County Comprehensive Policy Plan.

• Deliveries to such uses located adjacent to residential areas shall not occur after 11:00 p.m. or before 6:00 a.m.

• Site lighting shall be provided by fixtures that are compatible in style and illumination levels with the architecture of the principal building on the site and are not greater than 25 feet in height. All fixtures shall be full cut off and meet the dark sky approved standards.

• Such uses shall be designed to minimize the noise impact of trucks, forklifts, and other heavy equipment on adjacent properties and to prevent such noise from being audible on adjacent or nearby residential properties at any greater level than typical for residential areas.

• Facade: The building shall have exposed exterior walls (above finished grade) of brick, natural stone, glass, stucco, exposed aggregate concrete or equivalent permeant architecturally finished material. Metal and/or aluminum may be incorporated for window and decorative treatments only.

• If within 350 feet of infrastructure, the facilities shall utilize public water and sewer facilities as provided by RSA.

(Ord. of 4-14-20)