The purpose of the B-3 district is to establish a zoning district where regionally oriented retail and service business uses may locate to take advantage of good highway visibility and access and improved infrastructure and ample land area.

(Ord. No. 192, art. II, 6-2-03)

In the B-3 district, no building or part thereof shall be erected or altered and no land or premises used in whole or in part except for one (1) or more of the following uses, unless otherwise provided for in this article.

Retail, and service uses provided that unless specified herein all business, service or processing shall be conducted wholly within a completely enclosed building.

(1)

Hotels and motels subject to the standards of subsection 20-601(1);

(2)

Lumberyards, builders supply, home improvement stores subject to the standards of subsection 20-601(22);

(3)

Theaters (excluding adult oriented);

(4)

Big box retail (e.g. value department stores, superstores, warehouse clubs; and wholesale centers);

(5)

Shopping centers;

(6)

Financial institutions (banks, savings and loans or credit unions);

(7)

Indoor sports and athletic facilities including racquet and fitness centers;

(8)

Municipal buildings, public service buildings;

(9)

Office buildings for any of the following: executive, administrative, professional, accounting, clerical or stenographic, and drafting, plumbing, roofing, heating contractors, decorators, upholsterers and similar establishments;

(10)

On-site-use wind energy systems having a height of sixty-five (65) feet or less and meeting the requirements of sections 20-650 through 20-654.

(Ord. No. 192, art. II, 6-2-03; Ord. No. 225, § 28, 2-1-10)

The following shall be subject to a special use permit:

(1)

New and used car, truck, equipment, boat and RV sales and rental subject to the standards of subsection 20-601(24).

(2)

Outdoor sports and athletic facilities, outdoor amusement, exhibition and special event enterprises.

(3)

Uses similar to those listed in section 20-511 as determined by the planning commission.

(4)

Outdoor sales and display. Sales, Service, storage, display, assembly or processing associated with a permitted retail or service or other use that is to be conducted outside of a completely enclosed building, subject to applicable provisions of subsection 20-601(5).

(5)

Child care centers and day care centers subject to subsection 20-601(3).

(6)

Outdoor auctions subject to subsection 20-601(25).

(7)

Wind energy systems having a height of greater than sixty-five (65) feet on parcels or specialized easements containing at least one (1) acre and meeting the requirements of sections 20-650 through 20-654.

(Ord. No. 192, art. II, 6-2-03; Ord. No. 195, § 3, 6-21-04; Ord. No. 211, § 17, 2-5-07; Ord. No. 217, § 36, 7-7-08; Ord. No. 225, § 29, 2-1-10)

For permitted uses and uses subject to approval as special uses, a site plan shall be submitted in accordance with section 20-116.

(Ord. No. 192, art. II, 6-2-03)

Area, height, bulk and placement requirements are as provided below unless otherwise specified.

(1)

Minimum lot size: Eighty thousand (80,000) square feet.

(2)

Minimum lot width: Two hundred (200) feet as measured at the street right of way line or in the case of a cul-de-sac or curved streets, at the nearest point of building setback. In any case, the required minimum lot width shall be provided within one hundred fifty (150) feet of the street right of way and shall be maintained throughout the remainder of the lots depth. Corner lots shall have the minimum required frontage on both streets.

(3)

Lot depth to width: The maximum ratio of lot depth to lot width shall be three and one-quarter (3.25) feet of lot depth for each one (1) foot of lot width.

(4)

Maximum building and structure height: Fifty (50) feet or three (3) stories whichever is the lesser amount (Refer to subsection 20-79(e) for exceptions).

(5)

Minimum front yard setback: One hundred (100) feet. On a corner lot, each lot line, which abuts a public or private street, shall be deemed to be a front lot line. Notwithstanding, the corner lot provisions of subsection 20-80(c), corner lots in this district shall be deemed to have frontage on a major street and a side street, with each being declared by the planning commission at the time of site plan approval. The minimum front yard setback along a major street shall be one hundred (100) feet. The minimum front yard setback for buildings along a minor street shall be fifty (50) feet. All other front yard requirements and limitations as contained or referenced herein shall apply to both front yard areas.

(6)

Minimum side yard: Thirty (30) feet, sixty (60) feet (total of two (2)).

(7)

Minimum rear yard setback: Thirty (30) feet.

(8)

Maximum lot coverage: The maximum building coverage for any lot shall be fifty (50) percent, consisting of one (1)principal building and customary accessory buildings.

(9)

Buffer yards: Each use permitted on a lot or parcel located in a B-3 district shall provide a buffer yard within each front, side and rear yard. The buffer yards shall begin at the right-of-way line in the case of front yards and the side and rear property lines in the case of side and rear yards. Buffer yards shall be landscaped and maintained in accordance with the standards and guidelines contained in section 20-501. Buffer yards shall be required to run the entire length of the property line or street frontage except in areas providing necessary ingress and egress. For the purposes of this district, all yard area fronting on US-131 shall be comply with the buffer requirements applicable to front yard The width of required buffer yards are as follows:

a.

Front yard: Twenty-five (25) feet;

b.

Side yard: Ten (10) feet;

c.

Rear yard: Ten (10) feet;

(Ord. No. 192, art. II, 6-2-03)

The parking and loading provisions as provided in section 20-81, off-street parking and loading shall apply. To avoid unnecessary parking space construction while still ensuring site adequacy for potential changes in the use of a building or premises, the planning commission may, at the time of site plan approval, defer construction of the required number of parking spaces for retail and office uses. Deferred parking may be granted if the following conditions are satisfied:

(1)

An application is filed with the site plan of the entire project showing the design and layout of all required parking areas including areas proposed for deferred parking. The design of the parking area, as indicated on the development plan shall include sufficient space to provide for the total parking area as required by section 20-81, off-street parking and loading.

(2)

The area designated for deferred parking shall not include areas required for front, side or rear yards, buffer yards or land otherwise unsuitable for parking due to environmental or physical conditions.

The planning commission may impose reasonably necessary conditions to protect the public interest and may require the posting of security to assure completion of related or future improvements required as conditions of deferred parking plan approval. Subsequent to the implementation of a deferred parking plan, the planning commission may, based on review of parking needs and a recommendation by the zoning administrator, require the construction of additional parking spaces as otherwise required in section 20-81.

(Ord. No. 192, art. II, 6-2-03)

The fronts and sides of all buildings facing streets, including US 131, shall be finished with face brick, glass, dryvit, textured or fluted cement block or stone. A minimum building wall offset of 35 feet will be used to distinguish the length of the front or side of the building not subject to the finished material requirement. In recognition of developing technologies in building materials, the planning commission may approve other materials including, but not limited to, decorative metal panels, in consideration of the following standards:

(1)

Whether or not the finished treatment is compatible with surrounding properties in terms of color and overall image.

(2)

Relative scale of the building in terms of height and area.

(3)

The extent to which the building is setback from the street frontage(s) and the amount and quality of landscaping on the street frontage(s) and along the building.

(4)

Appeals of facade determinations may be taken, in writing, within ten (10) days of the determination of the zoning administrator. Such appeals shall be made to a review committee comprised of two (2) planning commissioners and an industrial developer/owner (other than the appellant) who shall use the same review standards. Parties aggrieved by a decision of the review committee may appeal, in writing, within ten (10) days of the review committee decision to the planning commission. The planning commission decision regarding such appeal shall be final.

(Ord. No. 192, art. II, 6-2-03)

Landscaping, screening and buffers shall be provided as regulated in article XVII, division 2, landscaping, screening and buffers, as applicable. Lighting shall be installed as applicable under the provisions of section 20-84.

(Ord. No. 192, art. II, 6-2-03; Ord. No. 217, § 37, 7-7-08)

Signs shall be as regulated in article XIX, as applicable.

(Ord. No. 192, art. II, 6-2-03; Ord. No. 209, § 14, 1-2-07)