A.   Except for uses regulated by Article 13-08 (regulations governing particular uses), the following table establishes the use restrictions for the CN (commercial; neighborhood sales and services), CG (commercial; general sales and services), CI (commercial; minor industrial), PM (performance manufacturing), IG (industrial; general limited), and IH (industrial; heavy) zones:

 

   B.   The following notations and meanings apply to the table set forth in paragraph A of this section:

      1.    “P” means the use is permitted subject to any applicable standards and requirements and any conditions noted with superscript numbers corresponding to the subparagraphs of paragraph C below.

      2.   “A” means the use is permitted as an accessory use located on the same lot as a permitted use.

      3.   “C” means the use is allowed upon approval and issuance of a conditional use permit issued pursuant to section 13-13-090.

      4.   “X” means the use is typically prohibited, but can be permitted in special circumstances described in the accompanying superscript note.

      5.   A blank box means the use is prohibited.

   C.   The superscript notes in the table set forth in paragraph A of this section correspond to the following standard conditions (where a superscript "1" refers to subparagraph 1 below):

      1.   Must comply with the requirements of section 13-07-020 (accessory buildings, structures, and uses).

      2.   Must comply with the following:

         a.   The front 50-foot depth of a lot shall not be used for open land storage of material, equipment, work yard or display (except display for sale or rental during business hours only, in compliance with the screening provisions of subsection 13-11-050 E.

         b.   Open land storage or work areas on any other portions of the lot shall be conducted within a completely enclosed building or within an area contained by a minimum six-foot, 85% screen wall as defined in subparagraph 13-11-050 B. 3.

         c.   Open land storage or work areas within the rear yard area shall not be visible from any more restrictive zoning district.

      3.   Must comply with the following:

         a.   All operations and storage shall be conducted within a completely enclosed building or within an area enclosed by a screen wall as defined in Article 13-11.

         b.   No objects or stacks higher than the screen wall shall be stored or placed in the front 50 feet of the lot.

      4.   Must comply with the following:

         a.   No more than five people may be engaged in the repair or fabrication of goods on the premises at any time.

         b.   No more than one horsepower shall be employed in the operation of any individual machine used in repair or fabrication on the premises.

         c.   No more than five horsepower shall be employed in the operation of all machines used in repair or fabrication on the premises.

         d.   Each individual use shall not exceed 2,000 square feet of building area.

         e.   All uses shall be contained within a completely enclosed building.

      5.   Must comply with the following:

         a.   The accessory use of storage for not longer than 90 days and parking of junked motor vehicles as defined in Town Code Article 9-04a (Junked Motor Vehicles) shall be completely enclosed within an 85% screen wall as defined in Article 13-11.

         b.   Five or fewer junked motor vehicles may be stored and parked on the property for an indefinite period, so long as each vehicle is always completely covered during storage with an opaque car covering and is completely enclosed within a screen wall as defined in Article 13-11.

      6.   All uses shall be contained within a completely enclosed building.

      7.   Single-family dwellings and multi-family housing are permitted only as follows:

         a.   In a primary commercial building with one or more approved commercial uses on the first floor, single-family dwellings and multi-family housing are permitted subject to the following conditions:

            (1)   In a one-story commercial building, the single-family dwelling or multiple-family housing shall not:

               (a)   Exceed 25% of the building’s total square footage,

               (b)   Be in the front half of the building, or

               (c)   Be accessible from the front as a primary entrance.

            (2)   In a commercial building with two or more floors, a single-family dwelling or multiple-family housing:

               (a)   Shall not be on the ground floor, but

               (b)   May occupy the entire area of upper floors.

         b.   When and to the extent expressly authorized by special use permit issued pursuant to section 13-13-100.

      8.   For solar as a primary use, see section 13-08-080 (utility uses)

   D.   The use categories in the table set forth in paragraph A of this section shall have the following meanings:

      1.   Animal A Uses include veterinary clinics, including boarding and lodging within completely enclosed and soundproofed buildings.

      2.   Animal B Uses include commercial stables and outdoor runs, pens, and cages for boarding or lodging of animals.

      3.   Animal C Uses include animal breeding, and sales; and livestock yards and auctions.

      4.   Automotive A Uses include self-service automobile service stations.

      5.   Automotive B Uses include automobile service stations and garages, including motor repair and complete servicing and full-service automotive service stations.

      6.   Automotive C Uses include automobile sales, auto rental, car washes, commercial parking lots, manufactured home sales facilities, recreational vehicle sales, truck or trailer sale or rental.

      7.   Automotive D Uses include auto body and paint shops; automobile storage garages; auto upholstery shops; recreational vehicle storage; and transportation terminals and transfer facilities.

      8.   Food Uses include bakeries, candy shops, grocery stores and supermarkets, health food stores, and liquor stores.

      9.   Industrial A Uses include bottling plants; cabinet and carpenter shops; cleaning plants; craft shops (with no more than 15,000 square feet of floor area) and work, storage and equipment yards in connection therewith; electronic and scientific precision instruments manufacturing; equipment storage, rental, and sales yards; feed stores; frozen food lockers; general subcontractors (and accessory storage facilities); medical and dental laboratories; light machine shops; lumber and building materials businesses (including mill and sash work); pawn shops; public auctions; sheet metal shops; and wholesaling.

      10.   Industrial B Uses include tire recapping, welding shops, dairy products manufacturing, drug manufacturing or processing, and cemeteries for human or animal interment.

      11.   Industrial C Uses include baking, cooking, roasting, and pickling; breweries and distillers; cleaning; concrete mixing operations; equipment, material, and dead storage yards; equipping and decorating; fabricating and assembling products; facilities for furnishing meals and selling refreshments and personal convenience items solely to employees of uses; glazing; machining; manufacturing; milling; mixing; molding; motion picture productions, radio, and television studios; packaging; plating and polishing; processing and compounding materials; repairing and servicing; scientific or research laboratories; tooling; weaving, knitting, and sewing; and winding.

      12.   Industrial D Uses include dispensing of gasoline and similar petroleum products from low-profile exposed storage tanks; heavy commercial uses that do not create offensive noise, vibration, smoke, dust, odor, heat or glare beyond the boundaries of the zoning district, do not pollute the air, surface waters or ground water, and do not pose latent radiation, explosion or fire danger; meat packing; other industrial, office, laboratory, and manufacturing uses; and trucking and freight yards.

      13.   Industrial E Uses include heavy commercial uses that produce noise, vibration, smoke, dust, odor, heat or glare beyond the boundaries of the zoning district, or pose latent radiation, explosion or fire danger.

      14.   Leisure A Uses include fitness/wellness centers and spas.

      15.   Leisure B Uses include public and private recreation facilities (excluding go-carts and other race tracks); softball, baseball, football, soccer, and other field sports fields; courts for tennis, basketball, volleyball, handball, and other court sports; and theaters (not including drive-in theaters).

      16.   Leisure C Uses includes bowling alleys, billiard halls, indoor amusement enterprises, commercial ballrooms, arenas, gymnasiums, rinks, pools, indoor shooting galleries, miniature golf courses, and skating rinks.

      17.   Leisure D Uses include indoor and outdoor amusement parks (including accessory go-cart and race tracks) and golf driving ranges.

      18.   Leisure E Uses include drive-in theaters.

      19.   Leisure F Uses include circuses and carnivals; race tracks; and music, softball, baseball, football, soccer, and other field sports stadiums.

      20.   Restaurant A Uses include cafes, cafeterias, delicatessens, ice cream parlors, and restaurants, including catering as an accessory use.

      21.   Restaurant B Uses include bars and cocktail lounges.

      22.   Restaurant C Uses include catering establishments; craft distillers; and microbreweries.

      23.   Retail A Uses include book stores, gift shops, camera stores, clothing stores, dry goods stores, drug stores, flower shops, garden supply stores, jewelry stores, music and record stores, radio and television sales stores, shoe stores, sporting goods, stationery shops, toy stores, and variety stores.

      24.   Retail B Uses include antique stores; auto parts stores; furniture stores; home improvement stores; key and gun shops (including incidental repair work); optical shops; pet shops; plant nurseries, precision musical instrument shops; second hand merchandise sales; and second-hand stores.

      25.   Retail C Uses include building materials sales yards (including the sale of rock, sand, and gravel as an incidental part of the main business); pawn shops; and public auctions.

      26.   Service A Uses include banks, barber and beauty shops, business or professional offices, clothes cleaning outlets (including self-service coin operated laundries), clinics, day nurseries, nursery schools or private kindergartens, libraries and museums, pet grooming studios, including accessory product sales, post offices, public buildings, public utility pay stations, radio and television repair, radio and television service, shoe repair, taxidermy, typewriter and business machine repair, watch and clock repair.

      27.   Service B Uses include appliance repair shops; blueprinting, printing, lithograph, publishing, and photostatting establishments; broadcasting stations and studios for radio or television; craft shops conducted in conjunction with a retail business; funeral homes and chapels; and furniture upholstery shops.

      28.   Service C Uses include electrical, mechanical, and plumbing shops; outside temporary storage; and tattoo parlors.

      29.   Specialty Schools include business schools and private schools operated as a commercial enterprise (for example, dancing, art, and trade schools).

(Enacted by Ordinance No 2024-947, 12/11/2024. Previously codified at sections 13-13-020, 13-14-020, 13-15-020, 13-16-020, 13-17-020, & 13-18-020. Prior history: Ordinance Numbers 9 (06/28/1979), 16 (11/08/1979), 23 (02/13/1980), 37 (09/04/1980), 162 (11/12/1987), 178 (05/26/1988), 206 (05/25/1989), 226 (05/10/1990), 240 (09/27/1990), 260 (06/27/1991), 269 (01/09/1992), 282 (10/22/1992), 295 (07/22/1993), 341 (11/03/1994), 361 (04/13/1995), 392 (06/27/1996), 403 (10/24/1996), 434 (01/22/1998), 435 (01/22/1998), 439 (06/25/1998), 521 (05/09/2002), 552 (03/13/2003), 608 (12/02/2004), 648 (01/26/2006), 705 (12/20/2007), 749 (08/12/2010), 753 (02/10/2011), 782 (12/19/2013), 809 (09/24/2015), 839 (02/22/2018), 841 (03/08/2018), 883 (02/25/2021), 2022-900 (03/24/2022), 2022-901 (03/24/2022), 2022-902 (03/24/2022), 2023-932 (01/11/2024))

   A.   Building height: The height of buildings shall not exceed three stories or 35 feet.

   B.   Required yards in commercial zones

      1.   The required front yard is 20 feet for a lot contiguous to a residentially zoned lot fronting on the same street.

      2.   The required side yard is five feet contiguous to a residentially zoned lot.

      3.   The required rear yard is 15 feet contiguous to a residentially zoned lot.

      4.   The required exterior side yard is 15 feet on a corner lot.

      5.   Setback measurement point.

         a.   Side yards are measured from the dripline to the property line.

         b.   Front and rear yards are measured from the building wall to the property line.

   C.   Required yards in industrial zones

      1.   The required front yard is 50 feet for a lot contiguous to a residentially zoned lot fronting on the same street.

      2.   The required side yard is 30 feet contiguous to a residentially zoned lot.

      3.   The required rear yard is 30 feet contiguous to a residentially zoned lot.

      4.   The required exterior side yard is 15 feet on a corner lot.

      5.   Setback measurement point.

         a.   Side yards are measured from the dripline to the property line.

         b.   Front and rear yards are measured from the building wall to the property line.

   D.   PM (performance manufacturing) zone density regulations

      1.   Lot area and dimensions: All lots shall comply with the following requirements:

         a.   At least 100 feet in width

         b.   At least 200 feet in depth

         c.   At least 25,000 square feet in area

         d.   Not more than 650 feet in depth unless a greater depth will not block projected streets or alleys.

      2.   Required yards. All lots shall have the following minimum yards:

         a.   Fifty feet adjacent to any street (but not alley)

         b.   Fifty feet adjacent to any residential lot

         c.   Fifteen feet adjacent to any other lot

         d.   Twenty-five feet from any rear lot line

      3.   Building height: Buildings shall not exceed the lesser of three stories or 35 feet in height.

      4.   Building density: Buildings shall not cover more than 50% of the total area of the lot.

      5.   Building spacing: No building shall be closer than 30 feet from any other building.

(Enacted by Ordinance No 2024-947, 12/11/2024. Previously codified at sections 13-13-030, 13-14-030, 13-15-030, 13-16-040, 13-17-030, & 13-18-030. Prior history: Ordinance Numbers 37 (09/04/1980), 178 (05/26/1988), 375 (12/28/1995), 434 (01/22/1998), 589 (03/25/2004), 705 (12/20/07), 882 (02/25/2021))