Pursuant to the purposes of this chapter, the intent of the SD-1 Special Development District is to protect the existing commercial and residential development already located in the district and to encourage, as well as control through plan of development review, such other development as will be compatible with existing uses. The district is designed to accommodate various types of housing and all types of commercial uses, such as neighborhood businesses for the shopping convenience of citizens of the area, as well as highway-oriented businesses and general commercial uses which may take advantage of heavily traveled highways where the district is located.

The SD-1 District is also intended to provide a transition between residential areas and heavier business uses and to be applied in areas largely developed with business uses, but interspersed with dwellings and vacant properties which may ultimately be appropriate for limited business development.

A plan of development as set forth in article IV of this chapter shall be required for all uses and structures in the SD-1 District.

(Ord. of 3-27-89, § 15-97)

The following uses and structures shall be permitted in the SD-1 Special Development District:

(1)

Single-family detached dwellings provided that a plan of development shall be required as set forth in article IV of this chapter and that a special use permit shall be required as set forth in article XXII of this chapter.

(2)

Two-family dwellings, provided that a plan of development shall be required as set forth in article IV of this chapter and that a special use permit shall be required as set forth in article XXII of this chapter.

(3)

Multiple-family dwellings, provided that a plan of development shall be required as set forth in article IV of this chapter and that a special use permit shall be required as set forth in article XXII of this chapter.

(4)

Churches.

(5)

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

(6)

Offices.

(7)

Retail food stores.

(8)

Bakeries.

(9)

Dry cleaners and laundries.

(10)

Hardware stores.

(11)

Wearing apparel stores.

(12)

Drug stores.

(13)

Barber and beauty shops.

(14)

Office supply and printing establishments.

(15)

Auto and home appliance service.

(16)

Theaters and assembly halls.

(17)

Hotels and motels.

(18)

Bed and breakfast establishments, provided that a special use permit shall be required as set forth in article XXII of this chapter.

(19)

Banks.

(20)

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.

(21)

Hospitals, general.

(22)

Animal hospitals or clinics.

(23)

Funeral homes.

(24)

Services stations, provided that no major repair of vehicles shall be conducted outside or completely enclosed buildings.

(25)

Clubs and lodges.

(26)

Auto sales and service.

(27)

Lumber and building supply establishments.

(28)

Plumbing and electrical supply establishments.

(29)

Wholesale and processing businesses not objectionable because of dirt, noise or odors, provided that a special use permit shall be required as set forth in article XXII of this chapter.

(30)

Machinery sales and service businesses.

(31)

Furniture stores.

(32)

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.

(33)

Public billiard parlors and poolrooms, bowling alleys, dance halls and similar public amusement facilities, provided that a special use permit shall be required as set forth in article XXII of this chapter.

(34)

Retail stores in addition to those specified elsewhere in this section.

(35)

Contractors' equipment storage yards and rental of contractors' equipment, provided that a special use permit shall be required as set forth in article XXII of this chapter.

(36)

Public utilities and public transportation facilities, including rights-of-way, easements, structures and appurtenances related thereto.

(37)

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

(38)

Parking areas.

(39)

Home occupations, as defined in article II of this chapter.

(40)

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.

(41)

Fire stations and rescue squad facilities.

(42)

Grocery stores and specialty food and beverage stores.

(43)

Offices, including medical and dental offices and clinics.

(44)

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

(45)

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

(46)

Shopping centers containing uses permitted in the district.

(47)

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.

(48)

Storage rental businesses.

(49)

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

(50)

Accessory uses and structures.

(51)

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

(52)

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.

(53)

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

(Ord. of 3-27-89, § 15-89; Ord. of 6-28-93; Ord. of 3-25-96; Ord. No. 04-05, 8-29-05; Ord. No. 02-2018, 10-30-18; Ord. No. 03-2019, 2-25-20)

(a)

In the SD-1 District, lot area requirements for lots devoted to single-family detached dwelling uses shall be as applicable to such uses in the R-2 Medium Density Residential District as set forth in article VIII of this chapter. Lot area requirements for lots devoted to two-family dwellings, nursing homes or group homes shall be as applicable to such uses in the R-3 High Density Residential District as set forth in article IX of this chapter.

(b)

In the SD-1 District, multiple-family dwellings shall be located on lots of not less than 5,750 square feet in area for the first dwelling unit plus 3,000 square feet in area for each additional dwelling unit.

(c)

In the SD-1 District, there shall be no minimum lot area requirements for lots devoted to uses other than dwelling uses, nursing homes and group homes, except that any use which is 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.

(d)

In the SD-1 District, minimum lot width requirements for lots devoted to single-family detached dwelling uses shall be as applicable to such uses in the R-2 Medium Density Residential District. Minimum lot width requirements for nursing homes, group homes, and dwelling uses other that single-family detached dwellings shall be as applicable to such uses in the R-3 High Density Residential District as set forth in article IX of this chapter. There shall be no minimum lot width requirements for lots devoted to uses other than dwelling uses, nursing homes or group homes.

(Ord. of 3-27-89, § 15-99; Ord. No. 04-05, 8-29-05)

(a)

Living area requirements for single-family detached dwelling units in the SD-1 District shall be as applicable to dwelling units in the R-2 Medium Density Residential District and as set forth in article VIII of this chapter.

(b)

Each two-bedroom dwelling unit in a two-family or multiple-family dwelling unit shall contain not less than 832 square feet of living area and each one-bedroom or efficiency dwelling unit in a two-family or multiple-family dwelling shall contain not less than 720 square feet of living area.

(Ord. of 3-27-89, § 15-100; Ord. No. 04-05, 8-29-05)

(a)

Usable open space requirements for two-family or multiple family dwellings in the SD-1 District shall be as applicable to such use in the R-5 Multi-family Affordable Subsidized Residential District.

(b)

Usable open space requirements for nursing homes and group homes in the SD-1 District shall be as applicable to such uses in the R-3 High Density Residential District and as set forth in article IX of this chapter.

(Ord. of 3-27-89, § 15-101; Ord. No. 04-05, 8-29-05)

(a)

There shall be a front yard of not less than 20 feet in the SD-1 District.

(b)

Side and rear yard requirements for lots devoted to single-family detached dwelling uses shall be as applicable to such uses in the R-2 Medium Density Residential District as set forth in article VIII of this chapter. Side and rear yard requirements for lots devoted to nursing homes, group homes, or dwelling units other than single-family detached dwellings shall be as applicable to such uses in the R-3 High Density Residential District as set forth in article IX of this chapter.

(c)

No side yards shall be required for uses other than dwelling uses, nursing homes and group homes in the SD-1 District, except 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 that there shall be a side yard of not less than five feet adjacent to any alley.

(d)

In the SD-1 District, no rear yard shall be required for uses other than dwelling uses, nursing homes and group homes, except 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 that there shall be a rear yard of not less than five feet adjacent to any alley.

(e)

When two or more main buildings are situated on the same lot in the SD-1 District, any building devoted to dwelling, nursing home or group home use shall be separated from every other main building on the lot by yards as required by the provisions of section 70-143(f) of this chapter set forth in the R-3 High Density Residential District.

(Ord. of 3-27-89, § 15-102; Ord. No. 04-05, 8-29-05)

In the SD-1 District, required side yards abutting property in any residential district shall not be devoted to any of the following uses or activities, nor shall any of the following uses or activities take place within ten feet of any street right-of-way line:

(1)

Storage of materials, supplies, equipment, machinery or wrecked or partially dismantled vehicles.

(2)

Display or sales areas for vehicles or other products.

(3)

Loading or unloading areas for trucks or other vehicles.

(Ord. of 3-27-89, § 15-103)

Editor's note— The Ord. of March 30, 1998 repealed in their entirety the provisions of § 70-238 which pertained to screening requirements required within the SD-1 district and derived from the Ord. of March 27, 1989, § 15-104.

No building or structure shall exceed a height of 35 feet in the SD-1 District.

(Ord. of 3-27-89, § 15-105)

A plan of development, as set forth in article IV of this chapter, shall be required for all uses and structures in the SD-1 District, except those for which a special use permit is required by the provisions of section 70-232.

(Ord. of 3-27-89, § 15-106)