(1)

Intent and purpose. The regulations governing the CB central business district are designed to achieve the following:

A.

To protect the historic and quaint downtown area of the Town of Somerville from business establishments which would create hazards, offensive noise, vibration, smoke, dust, heavy trucking traffic, or other objectionable influences;

B.

To provide sufficient space for appropriate locations for the transaction of all type of commercial and miscellaneous service activities in beneficial relation to one another;

C.

To encourage the tendency of small commerce and service entities to concentrate in the historic center of the town to the mutual convenience and advantage of both consumers and merchants;

D.

To preserve the character, charm and walkability of Somerville's historic square anchored by the Fayette County Courthouse.

(2)

Uses permitted.

A.

Private or public non-manufacturing commercial or service establishments as listed in table 1 which fit the existing decor and charm of the central business district and allow feasible operation within the confines of the existing structures, similar replacements, or appropriate renovations.

B.

Residential dwelling units on the second floor of two-story buildings.

C.

Accessory buildings customarily incidental to the principal use or structure, provided they are not located beside or in front of the principal building.

(3)

Uses permitted on appeal. Uses as identified in table 1.

(4)

Prohibited uses.

A.

Manufacturing.

B.

Uses as identified in table 1.

C.

Any business considered by the planning commission to present a hazard or unacceptable interference upon the quality of life and enjoyment of the town.

(1)

Intent and purpose. It is the intent of the LB limited business district to encourage the formation and continuance of a quiet and uncongested environment for compatible professional business offices together with certain residential and neighborhood commercial uses which will not adversely affect adjacent residential areas.

(2)

Uses permitted.

A.

All uses permitted in the R2 low density residential district.

B.

Agriculture, limited to: agricultural services, including only veterinary services provided all animals are kept within the principal building and landscape and horticultural services.

C.

Finance, insurance and real estate.

D.

Religious activities.

E.

Pubic administration, excluding correctional institutions.

F.

Retail, limited to non-stock retailers.

G.

Services, limited to:

i.

Personal services excluding adult oriented establishments.

ii.

Business services excluding:

a.

Photo finishing.

b.

Metal and wood fencing, ornamental grill work.

c.

Central laundry dying and dry cleaning works.

d.

Truck terminals.

e.

Research services.

H.

Health services, excluding hospitals.

I.

Legal services.

J.

Educational services excluding driving schools.

K.

Social services, limited to child day care services and residential care, including only homes for the aged (assisted living facilities).

L.

Membership organizations.

M.

Engineering and management services, excluding research, development, and testing services.

N.

Transportation and public utilities, limited to:

i.

Communications installations or exchanges.

ii.

Electric or gas substations.

iii.

Electric, communication and telephone distribution lines, pole transformers and splice boxes.

iv.

Water storm drainage, and sewer lines, and gas distribution lines with incidental appurtenances, but not including major fuel transmission lines.

O.

Right-of-way to all modes of transportation, small landscaped scenically significant open areas, natural reserves.

P.

Accessory buildings customarily incidental to any aforementioned permitted use provided the accessory building is not a mobile home, manufactured home or modular home as defined in this chapter.

Q.

Park, playground, playfield.

(3)

Uses permissible on appeal. None.

(4)

Uses prohibited. Alternative financial services and any other uses or structures not specifically permitted or permissible on appeal in this section.

(1)

Intent and purpose. It is the intent of the GB general business district to provide for adequate commerce throughout the Town of Somerville while preserving the integrity of neighborhoods.

(2)

Uses permitted.

A.

Private or public non-manufacturing commercial or service establishments as listed in table 1.

B.

Residential dwelling units on the second floor of two-story buildings.

C.

Businesses that compound, blend or package cosmetics, toiletries, or personal care products.

D.

Accessory buildings customarily incidental to the principal use or structure, provided they are not located closer to the edge of pavement than the distance between the principal building and the edge of pavement.

(3)

Uses permitted on appeal. Uses as identified in table 1.

(4)

Uses prohibited.

A.

Manufacturing.

B.

Uses as identified in table 1.

D.

Any business considered by the planning commission to present a hazard or unacceptable interference upon the quality of life and enjoyment of the town.

(1)

Intent and purpose. The LM light manufacturing district is designed to provide space for a wide range of manufacturing and related uses which conform to a high level of performance standards and have the least objectionable characteristics. These districts may provide a buffer between residential or business districts and other manufacturing activities, e.g. restricted manufacturing districts, which have more objectionable influences. The general manufacturing district is designed with the following goals:

A.

To provide sufficient space in appropriate locations to meet the needs for manufacturing expansion within the Town of Somerville;

B.

To encourage manufacturing development which is free from hazards to the public health and which is environmentally safe and non-polluting;

C.

To protect manufacturing activities against congestion, encroachment from incompatible land uses and other adverse characteristics;

D.

To protect adjacent residential and commercial areas from offensive influences; and

E.

To promote the most efficient and desirable land use.

(2)

Uses permitted.

A.

Manufacturing enterprises listed in table 1 that are operated without an undue burden and disturbance to the neighborhood, and free from environmental and community hazards.

B.

Accessory buildings customarily incidental to the principal use or structure, provided they are not located beside or in front of the principal building.

(3)

Uses permitted on appeal. Uses as identified in table 1.

(4)

Uses prohibited.

A.

Manufacturing enterprises that have inherent deleterious effects on the neighborhood and/or the Town of Somerville by reasons of volume of raw materials or freight, scale of operation, types of structures required, or because of their very nature which may include harmful or questionable releases into the surrounding environment, including, but not limited to, excess noise, fumes, noxious emissions, or other such undesired effects.

B.

Residential dwellings.

C.

Uses as identified in table 1.

D.

Any business considered by the planning commission to present a hazard or unacceptable interference upon the quality of life and enjoyment of the town.

(1)

Intent and purpose. The HM heavy manufacturing district is designed to provide space for a wide range of manufacturing and related uses which by reasons of volume of raw materials or freight, scale of operation, type of structures required, or because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; or other similar characteristics requiring locations relatively well segregated from other uses.

(2)

Uses permitted. Due to the very nature of entities that are expected to be permitted within the heavy manufacturing district, all usage of these districts must be approved by the board of zoning appeals.

(3)

Uses permitted by appeal.

A.

Manufacturing enterprises that have the capability and probability of emitting problematic concerns, whether environmental, perceptible, or social, but without unacceptable disturbance or hazards away from close proximity to the site.

B.

Uses as identified in table 1.

C.

Junkyards and salvage yards.

D.

Alternative financial services.

E.

Adult oriented establishments ("AOE"). The following provisions apply to all AOEs operating within the Town of Somerville:

i.

An AOE may not be established within 500 feet of the following:

a.

A church, synagogue, mosque, temple or building which is used primarily for religious worship, and related religious activities;

b.

A public or private educational facility;

c.

The boundary of any residential district;

d.

An occupied residential dwelling;

e.

A public or private park or recreational area which has been designed for park or recreational activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle paths, wilderness area, or other similar feature;

f.

An entertainment business which is oriented primarily toward children or family entertainment;

g.

Any other AOE.

ii.

No more than one AOE shall be operated, established, or maintained in the same building, structure, or portion thereof.

(4)

Uses prohibited.

A.

Residential dwellings.

B.

Any entity considered by the planning commission to present a hazard or unacceptable interference upon the quality of life and enjoyment of the town.