Pursuant to the purposes of this chapter, the intent of the B-2 Central Business District is to provide for the day-to-day and the specialty shopping and personal service needs of the community within a compact and well defined area traditionally known as the downtown or central business area. The permitted uses and regulations of the district are intended to promote a pedestrian-oriented shopping environment with convenient parking and continuity of retail, personal service and office establishments at street level, free from more vehicular-oriented uses which typically involve driveways, street-front parking and on-site circulation areas which are not conducive to pedestrian traffic. The district is also intended to accommodate existing residential uses in the downtown area, to encourage residential use of upper floors of commercial buildings, and to provide a compatible relationship with surrounding residential areas.

(Ord. of 3-27-89, § 15-79)

The following uses and structures shall be permitted in the B-2 Central Business District:

(1)

Bakeries where products are sold principally at retail on the premises.

(2)

Banks, savings and loan offices and similar financial service offices.

(3)

Child care centers licensed by the state, provided that outdoor play areas shall not be located within any yard between the main building and a street or within any required side yard, and shall be enclosed with continuous fencing not less than four feet in height; and provided further that a special use permit shall be required as set forth in article XXII of this chapter.

(4)

Churches.

(5)

Dry cleaning and laundering establishments.

(6)

Dwelling units contained within the same building as other uses permitted in this district, provided that such dwelling unit shall be located above the ground floor.

(7)

Entertainment, amusement and recreational facilities located within completely enclosed buildings and including bowling alleys, billiard parlors, amusement centers, video arcades, theaters, and lodge and club meeting places, provided that a special use permit shall be required as set forth in article XXII of this chapter.

(8)

Fire stations and rescue squad facilities.

(9)

Grocery stores and specialty food and beverage stores.

(10)

Home occupations.

(11)

Hotels.

(12)

Laundromats.

(13)

Libraries, museums, schools, adult education and child development centers, community centers, parks and recreational facilities owned or operated by a governmental agency or a nonprofit organization.

(14)

Office supply, custom printing and photocopy establishments.

(15)

Offices, including medical and dental offices and clinics.

(16)

Parking areas serving uses permitted in this district.

(17)

Personal service businesses, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, shoe repair shops, tailor and dressmaking shops, watch and jewelry repair shops, travel agencies and similar uses.

(18)

Post offices and pick-up stations for package mailing services.

(19)

Restaurants and similar food service and catering establishments, but not including establishments where food or beverages are intended to be consumed in vehicles on the premises or establishments where food or beverages are available by drive-up window service.

(20)

Retail stores and shops.

(21)

Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and transportation, but not including treatment plants, generating plants, railroad yards or depots.

(22)

Service businesses, including establishments which rent, service or repair radios, televisions, video equipment and movies, home or business electronic equipment, home appliances, furniture, yard and garden equipment, tools, bicycles, locks, office machines, and similar household or business items.

(23)

Signs, as permitted by the provisions of article XXI of this chapter.

(24)

Tourist homes.

(25)

Wells, private, provided that a special use permit shall be required as set forth in article XXII of this chapter for any well which does not exclusively serve the property on which it is located.

(26)

Accessory uses and structures.

(27)

Funeral homes.

(28)

Micro-brewery, micro-distillery, micro-winery, micro-cidery, and micro-meadery, provided that a special use permit shall be required as set forth in article XXII of this chapter.

(29)

Homestay provided that a special use permit shall be required as set forth in article XXII of this chapter.

(Ord. of 3-27-89, § 15-80; Res. of 8-29-94; Ord. No. 12-05, 12-19-05; Ord. No. 06-10, 5-23-11; Ord. No. 02-2018, 10-30-18; Ord. No. 03-2019, 2-25-20)

Any dwelling use lawfully existing in the B-2 District at the date upon which the provisions of this article become applicable to the property on which it is located may be maintained, improved, structurally altered, enlarged or reconstructed if damaged by fire, explosion, act of God or the public enemy; provided that in no case shall the amount of floor area devoted to the dwelling use at such date be increased by greater than ten percent, nor shall the number of dwelling units located on the property be increased, nor shall the lot area, lot width or yard dimensions be reduced to less than that which would be required for such dwelling use in the R-3 High Density Residential District.

(Ord. of 3-27-89, § 15-81)

There shall be no minimum lot area requirement in the B-2 District, except that uses which are not served by public sewer and water systems shall be provided with such minimum lot area as deemed necessary by the health official for the safe and healthful provision of on-site sewage disposal and water supply.

(Ord. of 3-27-89, § 15-82)

There shall be no minimum lot width requirement in the B-2 District.

(Ord. of 3-27-89, § 15-83)

(a)

No front yard shall be required in the B-2 District.

(b)

No side yards shall be required in the B-2 District, provided that, where a side lot line abuts property located in any residential district, there shall be a side yard of not less than 25 feet, and provided further that there shall be a side yard of not less than five feet adjacent to any alley.

(c)

No rear yard shall be required in the B-2 District, provided that, where a rear lot line abuts property located in any residential district, there shall be a rear yard of not less than 25 feet, and provided further that there shall be a rear yard of not less than five feet adjacent to any alley.

(Ord. of 3-27-89, § 15-84)

Editor's note— The Ord. of Mar. 30, 1998 repealed in their entirety the provisions of § 70-217 which pertained to screening requirements within the B-2 District and derived from the Ord. of Mar. 27, 1989, § 15-85.

No building shall exceed a height of 35 feet in the B-2 District.

(Ord. of 3-27-89, § 15-86)

A plan of development, as set forth in article IV of this chapter, shall be required for all uses and structures in the B-2 District, except those for which a special use permit is required by the provisions of section 70-212. All uses requiring a plan of development and special use permit shall meet the provisions of section 70-220.

(Ord. of 3-27-89, § 15-87; Ord. No. 06-10, 5-23-11)

Architectural guidelines are required to unify the architectural character of the B-2 Central Business Zoning District creating a "Main Street" appearance while allowing design flexibility and individual expression within the context of a design pallet which creates a distinctive small town streetscape and an interesting pedestrian experience. Architectural guidelines are also required to create an attractive and pedestrian-oriented ground level in the B-2 Central Business Zoning District.

(1)

Building orientation and layout. New development and major rehabilitation projects shall orient buildings on the street to create a continuous development pattern geared to the pedestrian and shall comply with the following:

a.

Any side of a building located in the B-2 Central Business Zoning District facing a street or roadway shall be designed to maintain a consistent development pattern that promotes retail activity and an active pedestrian-oriented environment.

b.

Entries to retail and service commercial uses shall be encouraged along pedestrian walkways.

c.

Large buildings may be divided into multiple storefronts or similarly scaled elements to complement the existing small property divisions.

d.

Multi-story building facades on Main Street are encouraged to increase the intensity of activity, and to define and add visual interest to the street.

(2)

Building articulation. Given the unique character of the B-2 Central Business Zoning District, new development and major rehabilitation projects shall incorporate the traditional architectural style, articulation and details that reflect the town's history and promote its future.

a.

Building elements that add scale and interest such as second-story bay windows, parapets and cornices, are encouraged.

b.

Stucco, brick, tile and stone shall be the primary building materials on facades in the B-2 Central Business Zoning District. Using a mix of these materials is recommended.

c.

A coordinated color scheme shall be developed for each new building or facade.

d.

Fabric awnings over windows and entries are encouraged.

e.

Large areas of blank walls without fenestration or other scale articulation facing pedestrian walkways shall be discouraged.

(3)

Ground level design features. The ground level in the B-2 Central Business Zoning District shall include design features, such as consistent streetscape patterns, outdoor areas, window displays, and building articulation, which is attractive and pedestrian-oriented.

a.

Building facades facing Main Street shall be designed to maintain a consistent development pattern that promotes retail activity and an active pedestrian-oriented environment. Recessed buildings, particularly on corner lots, may be allowed to provide for outdoor dining, public areas or design excellence determined to contribute to the overall benefit of the district.

b.

Creative and attractive display windows shall be encouraged on the ground floor to enliven the pedestrian street environment.

c.

Open-air dining areas shall be encouraged at street level facing onto Main Street.

d.

Finished floor level elevation of commercial buildings should not exceed one foot above sidewalk level to assure a retail storefront that is functional and maximizes visibility to the pedestrian.

e.

Office uses along Main Street shall provide elements of visual interest along the street. Window treatments shall be tasteful, attractive, and shall incorporate a traditional architectural style.

f.

Attention to detail should be given to elevations that include a mix of finishing materials, facade ornamentation, lighting, flower boxes and storefront articulation that reinforces the attention given to the pedestrian.

(Ord. No. 06-10, 5-23-11)