The regulations set forth in this article or set forth elsewhere in this chapter when referred to in this article are the "B-2" General Business District regulations.

(Ord. of 4-23-96)

This district is intended to provide a sufficient space in appropriate locations for a wide variety of retail shopping, commercial, automotive, and miscellaneous recreational and service activities generally serving the city, a wide area of the region, and the traveling public, and generally located along major thoroughfares or near development centers where a general mixture of commercial and service activity now exists or is planned, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, or the nuisance factors of dust, or odor and noise associated with manufacturing.

(Ord. of 4-23-96)

[The following uses are permitted by right:]

(1)

Mercantile establishments which promote the show, sale and rental of goods, personal service establishments, restaurants, tobacco, smoke, or vape shops, and other shops and stores customary to shopping centers and convenience outlets. Tobacco, smoke, and vape shops shall further comply with the location requirements as specified in section 10-3-93(e).

(2)

Governmental, business and professional offices and financial institutions.

(3)

Hotels, motels and similar types of transient accommodations. Nontransient housing facilities are not permitted nor may existing housing facilities be expanded.

(4)

Theaters, community rooms, museums and galleries and other places of assembly for the purpose of entertainment or education. In addition, customary recreational and leisure-time activities which are compatible with surrounding uses are permitted.

(5)

Religious, educational, charitable or benevolent institutional uses which do not provide housing facilities.

(6)

Vehicle, recreation equipment, or trailer sales served by a permanent building facility unless clearly incidental to an existing building. Vehicle excludes over the road tractors, their trailers, heavy equipment, manufactured homes, industrialized buildings, and agricultural equipment. No vehicle salvage, storage of inoperable vehicles, or sale of junk is allowed.

(7)

Repair of vehicles, recreation equipment, or trailers with all activities and storage of inoperable vehicles completely enclosed within a permitted structure. Vehicle excludes over the road tractors, their trailers, heavy equipment, manufactured homes, industrialized buildings, and agricultural equipment.

(8)

General service or repair shops permitted by right in the B-1 Central Business district but without the limitation as to the number of employees.

(9)

Pet adoption, pet shop, pet grooming establishment and animal hospitals.

(10)

Radio and television stations and studios or recording studios.

(11)

Public utilities, public service or public transportation uses or buildings, generating, purification or treatment plants, water storage tanks, pumping or regulator stations, telephone exchange and transformer or substations.

(12)

Warehousing and other storage facilities with floor area limited to twenty thousand (20,000) square feet, which are contiguous to permitted uses in this district.

(13)

Funeral homes.

(14)

Public and privately owned parking lots and parking garages.

(15)

Accessory buildings and uses customarily incidental to any of the above listed uses.

(16)

Research and development activities which do not cause any more smoke, dust, odor, noise, vibration or danger of explosion than other uses permitted in this district and which involve no more than fifteen (15) percent of the gross floor area in the assembling or processing of products. Any assembling or processing shall only involve products developed on the premises. All services and storage shall be conducted within the principal structure which is to be completely enclosed.

(17)

Plant nurseries, greenhouses, landscaping businesses, and similar operations provided any outside storage of material, other than plants, must be screened.

(18)

Public uses.

(19)

Vehicle fuel stations, bus terminals or other facilities designed for vehicular convenience. Vehicle excludes over the road tractors, their trailers, heavy equipment, manufactured homes, industrialized buildings, and agricultural equipment. No vehicle salvage, storage of inoperable vehicles, or sale of junk is allowed.

(20)

Small cell facilities, concealed wireless telecommunications facilities, industrial microcells, distributed antenna systems, and macrocells. Telecommunications towers are permitted only by special use permit. Wireless telecommunications facilities are further regulated by Article CC.

(Ord. of 4-23-96; Ord. of 8-12-03; Ord. of 7-28-15(24); Ord. of 5-10-16(3); Ord. of 5-22-18(12); Ord. of 6-25-24(1); Ord. of 4-22-25)

[The following uses are permitted by special use permit only:]

(1)

Manufacturing, processing and assembly operations when not employing more than fifteen (15) persons on the premises in a single shift and provided that all storage and activities are conducted within a building.

(2)

Warehousing and other storage facilities.

(3)

Facilities designed for the repair or storage of over the road tractors, their trailers, heavy equipment, manufactured homes, industrialized buildings, or agricultural equipment served by a permanent building facility unless already incidental to an existing building. In addition, any outside storage or repair shall be located within a designated area and screened.

(4)

Wireless telecommunications facilities not permitted by section 10-3-90(20) or those not meeting the requirements of section 10-3-197(1). Wireless telecommunications facilities are further regulated by article CC.

(5)

Inside kennels for boarding,

(6)

Building material sales and storage yards, contractors equipment sales and storage yards and other similar uses, provided they are served by a permanent building facility unless clearly incidental to an existing building.

(7)

College or university buildings which are either owned or leased by such institutions and are adjacent or contiguous to the primary campus of the college or university.

(8)

Reducing required parking areas to permit fewer than the required number of vehicle parking spaces for any use, provided that an amount of open space equal to the amount of space that would have been used for the required number of vehicle parking spaces is left available for parking in the event that, at the discretion of the city council, it is needed at some time in the future. Open space used for this purpose shall be so noted in the deed and shall not be used to meet any conflicting requirements of the zoning ordinance.

(9)

Reduction in the required side and/or rear yard setback.

(10)

Facilities designed for the sales or convenience of over the road tractors, their trailers, and heavy equipment, manufactured homes, industrialized buildings, and agricultural equipment served by a permanent building facility unless already incidental to an existing building. No vehicle salvage, storage of inoperable vehicles, or sale of junk is allowed.

(11)

Transportation service facilities, including but not limited to: taxicab, limousine, or bus. No vehicle salvage, storage of inoperable vehicles, or sale of junk is allowed.

(12)

Structures, except wireless telecommunications facilities, in excess of seventy-five (75) feet in height.

(13)

Operational facilities of volunteer rescue squads may provide nontransient housing, for up to four (4) active members of the organization, so long as each individual resides at the facility no more than twenty-four (24) cumulative months.

(14)

Adult businesses.

(15)

Reserved.

(16)

Public uses which deviate from the requirements of title 10, chapter 3.

(17)

Multiple-family dwellings and/or mixed use buildings under conditions set forth in subsection 10-3-93(d) and such other conditions deemed necessary by city council. Dwelling units may be occupied by a family or not more than four (4) persons.

(18)

Recovery residence of more than eight (8) adults and any number of minor dependents of those residents.

(Ord. of 4-23-96; Ord. of 11-12-96; Ord. of 6-24-97; Ord. of 9-21-99; Ord. of 8-12-03; Ord. of 1-25-05, § 1; Ord. of 3-22-05; Ord. of 6-14-05; Ord. of 7-26-05; Ord. of 1-10-06, § 1; Ord. of 3-26-13(4); Ord. of 1-14-14(14); Ord. of 9-23-14(14); Ord. of 7-28-15(25); Ord. of 8-22-17(14); Ord. of 5-8-18; Ord. of 2-22-22; Ord. of 1-23-24; Ord. of 2-13-24)

(a)

Unless the applicant consents to a longer period of review, an application for a special use permit for an adult business must be approved or denied within ninety (90) days of the filing of a complete application.

(b)

In reviewing the application, the planning commission and city council may consider the following factors as well as other appropriate land use considerations:

(1)

The nature of the surrounding area and the extent to which the proposed use might significantly impair its present or future development;

(2)

The proximity of dwellings, churches, schools, parks or other places of public gatherings, and no adult business shall be located within one thousand (1,000) feet of a church, school, park or residential area;

(3)

The probable effect of the proposed use on the peace and enjoyment of people in their homes;

(4)

The limitations of fire and rescue equipment and the means of access for fire and police protection;

(5)

The preservation of cultural and historical landmarks and trees;

(6)

The probable effect of noise, vibrations, and glare upon the uses of surrounding properties;

(7)

The conservation of property values;

(8)

The contribution, if any, such proposed use would make toward the deterioration of the area and neighborhoods; and

(9)

The probable effect that alcohol sales or consumption at the adult business would have in heightening the risk of violations of local laws, and any negative secondary effects on surrounding properties and the neighborhood.

(c)

If an application for a special use permit for an adult business is denied and the applicant desires to appeal the denial, the city will facilitate the applicant's obtaining prompt review of the decision from the Circuit Court of Rockingham County. Unless the applicant agrees to an extension, the city will file a responsive pleading within ten (10) days of service upon the city of an appeal, will file a responsive brief within fifteen (15) days of service of the applicant's brief and will agree to any reasonable expedited trial or hearing date.

(Ord. of 6-14-05)

Except as provided in article T, and as required in article CC for wireless telecommunications facilities, the following area and dimensional regulations shall apply:

Note #1: Side and rear yard setbacks—Ten (10) feet, except on the side of a lot abutting a residential district, then thirty (30) feet; provided that for any structure greater than thirty-five (35) feet in height which abuts a residential district, then one (1) additional foot of setback is required for each foot above thirty-five (35) feet.

Structures not designed for human occupancy but which may provide accessory uses, such as parking facilities, shall be restricted to seventy-five (75) feet in height.

(Ord. of 4-23-96; Ord. of 1-25-05, § 1; Ord. of 1-10-06, § 1; Ord. of 11-25-08(2); Ord. of 3-23-10(2); Ord. of 7-28-15(26); Ord. of 2-22-22)

(a)

Provisions for off-street parking and loading regulations within this district shall comply with article G.

(b)

Provisions for parking lot landscaping regulations within this district shall comply with article G also.

(c)

Unless modified or superseded by other ordinances which directly apply to the general health, safety and welfare of the public, all accessory storage or products to be processed or being processed, and supplies and waste materials resulting from such work, shall be completely enclosed within the structures of permanent and durable construction.

(d)

For multifamily dwellings and mixed use buildings, the development plan submitted with the special use permit shall govern development on the site and shall be used as a basis for subdivision and engineered comprehensive site plan approval.

(e)

Tobacco, smoke, or vape shops shall not be located on or otherwise operate on any property within one thousand (1,000) feet of any property containing a public or private school or child day care center. Measurements made to verify compliance with this requirement shall be made in a straight line, without regard to intervening structures or objects, for one thousand (1,000) feet from the boundaries of the property on which a public or private school or child day care center operates.

(f)

Private refuse collection facilities shall be provided at a designated point and shall meet the requirements in section 10-3-110(h).

(Ord. of 4-23-96; Ord. of 1-14-14(15); Ord. of 2-22-22; Ord. of 6-25-24(1); Ord. of 7-23-24)