It is the intent of this district to provide appropriate locations for a broad range of commercial activities which are characterized by heavy truck and vehicle traffic and occasional nuisance factor and which are highway oriented.

(Code 1989, § 24-38; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

The following uses and structures shall be permitted by right subject to other provisions herein:

(1)

All permitted uses in the Business, Downtown, District (B-1).

(2)

Supermarkets.

(3)

Churches.

(4)

Automobile service stations, with repairs under cover.

(5)

Wholesale and retail plumbing and electrical supply, with storage under cover.

(6)

Marine sales and service, with repairs under cover.

(7)

Machinery sales and services, with repairs under cover.

(8)

Car washes.

(9)

Funeral homes.

(10)

Hospitals and medical clinics.

(11)

Lumber and building supply, with storage under cover.

(12)

Print shops.

(13)

Signs, as permitted under section 38-183.

(14)

Clubs and lodges.

(15)

Apartments on floors above the ground floor, owner-occupied only, with occupants to use off-street parking. For the purposes of this subsection, the term "owner" means the owner of the premises, the owner of the business located on the premises or an employee of the business located on the premises.

(16)

Exercise gyms.

(17)

Mobile food vendors, meaning businesses who sell food stuffs and/or beverages from a non-fixed location.

(Code 1989, § 24-39; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. No. O-01-2011, 9-26-2011)

The following uses shall be permitted in the Business, Highway, District (B-2), subject to all of the other requirements of this chapter, only upon obtaining a special use permit, as defined in article XV of this chapter, from the town council:

(1)

Public billiard parlors, poolrooms, dance studios, and similar forms of public amusement.

(2)

Inns.

(3)

Nightclubs. For the purpose of this section, the term "nightclub" means an establishment that provides live amplified music, karaoke, disc jockeys (DJs) and/or dancing between the hours of 9:00 p.m. and 6:00 a.m.; provided, however, that any special exception issued for this use shall be valid for 365 days only, unless further renewed by the town council for successive terms of 365 days each.

(Code 1989, § 24-40; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 7-27-1998; Amd. of 6-24-2002; Ord. No. O-06-2012, § 24-40, 10-22-2012)

Buildings shall be located 45 feet or more from any street right-of-way. When a structure is to be built in an area where there are existing structures, the minimum setback may be waived to allow the setback line to be the average setback of the structures fronting on either side.

(Code 1989, § 24-41; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

(a)

For permitted uses the minimum side yard shall be ten feet and off-street parking shall be in accordance with the provisions contained in article XII of this chapter.

(b)

Main buildings shall have a ten-foot rear yard setback

(c)

Accessory buildings shall have a ten-foot rear yard setback

(Code 1989, § 24-42; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 1-10-2000)

Buildings may be erected up to a height of 35 feet, except that:

(1)

Buildings may be erected to a height of more than 35 feet, provided that both required side yards setbacks are increased one foot for each foot in height by which the building exceeds 35 feet. In no case shall the building height exceed 60 feet.

(2)

Public utility structures, church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(3)

No accessory building shall be more than 1 ½ stories high.

(Code 1989, § 24-43; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 1-26-2004; Amd. 3-27-2006)

Up to 100 square feet of signage shall be permitted by right only on the specific premises where the business is located, subject to other applicable provisions of article XI of this chapter. A special use permit shall be required for signage over 100 square feet. The zoning administrator shall be required to approve or disapprove the issuance of such permit.

(Code 1989, § 24-44; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)