§ 60-66. B-1 Business District.
(a)
Purpose. The B-1 Business District is intended to provide for the orderly and attractive grouping at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic or which are specifically designed to serve the needs of such traffic.
(b)
Plans and specifications to be submitted to plan commission. To encourage a business use environment that is compatible with the rural character of the town, zoning and/or building permits for permitted uses in business districts shall not be issued without review and approval of the plan commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading, location, landscape plans and drainage.
(c)
Permitted uses. The following are permitted uses in this district, but not limited to these uses, which are listed for purposes of example and illustration:
B-1 BUSINESS DISTRICT PERMITTED USES
Description Standard Industrial Classification (SIC) Accessory buildings or use incidental to principal use Accounting, auditing, bookkeeping services 872 Advertising agency 7311 Amusement establishments—archery ranges, shooting galleries, game rooms, swimming pools, skating rinks, and other similar amusement facilities Amusement parks 7996 Animal specialty services/pet grooming, kennels, animal shelters 0752 Apparel and accessory stores 56 Art and school supply stores 5999 Art dealers 5999 Art galleries 834 Auction rooms 834 Auto and home supply stores 553 Automotive parking 752 Automotive rental and leasing 751 Automotive repair shops 753 Automotive services 754 Barbershops 724 Beauty shops 7996 Boat dealers 555 Bookstores, except adult 5942 Bowling centers 793 Building maintenance services 7349 Building materials and garden supplies 52 Business credit institutions 615 Camera and photographic supply shops 5946 Camps and recreational vehicle parks 703 Car dealers, new and used 754 Car wash 754 Child care services (day care services, group day care center, family day care center) 835 Colleges and universities 835 Computer and data processing services 737 Contractors: carpentry and floor work 175 Contractors: concrete work 177 Contractors: electrical 173 Contractors: masonry, stonework, tile, plastering 174 Contractors: painting and paper hanging 172 Contractors: plumbing, heating and air conditioning 171 Contractors: roofing, siding, and sheet metal work 176 Credit reporting and collection 732 Dance studios and schools 791 Department stores 531 Depository institutions, banks, credit unions, etc. 60 Drug stores and proprietary stores 591 Dry cleaning establishments Eating and drinking establishments primarily engaged in drive-in and carryout service Eating and drinking places 581 Electrical repair shops 762 Elementary and secondary schools 821 Employment and help agencies 736 Engineering and architectural services 871 Equipment rental, small 7359 Farm machinery and equipment sales 5083 Florists 54 Food stores 54 Fuel oil dealers 598 Funeral service and crematories 726 Furniture and home furnishing stores 571 Gasoline service stations 554 General merchandise stores 53 Gift, novelty and souvenir shops 5974 Greenhouses, commercial Hardware stores 525 Hobby, toy and game shops 5945 Holding and other investment offices 67 Home health care services 808 Hospitals 806 Hotels and motels 701 Household appliance stores 572 Insurance agents, brokers and services 64 Insurance carriers 63 Jewelry stores 5944 Landscape and horticultural services 078 Laundry, cleaning and garment services 721 Lawn and garden services 702 Libraries 823 Light industries 39 Liquor stores 592 Livestock services 751 Locksmiths 7699 Luggage and leather goods stores 5948 Lumber and other building materials 5948 Mail order houses 5961 Mailing, reproduction, stenographic services 733 Management and public relations services 874 Manufactured home sales 835 Medical and dental laboratories 807 Medical equipment leasing 7352 Membership organizations 86 Mortgage bankers and brokers 616 Motion picture theaters 783 Motor vehicle sales (new and used) 551 Motorcycle dealers 557 Nursing and personal care facilities 805 Office and clinic of dentists 802 Office and clinic of medical doctors 801 Office and clinic of osteopathic physicians 803 Office of other health practitioners 804 Optical goods stores 5995 Outdoor advertising services 7312 Paint, glass and wallpaper stores 523 Parking garages or structures, other than accessory, for the storage of private passenger automobiles only Parking lots Parking lots, open and other than accessory Personal credit institutions 614 Pest control 7342 Photographic studios, portrait 722 Physical fitness centers 7991 Public golf course 7992 Radio, television, computer stores 573 Real estate agents and managers 653 Record and music stores 573 Recreational and utility trailer dealers 556 Repair shops, miscellaneous 769 Research and testing services 873 Residential care services 836 Retail nurseries and garden stores 526 Reupholstery and furniture repair shops 764 Security and commodity brokers 62 Security systems services 7382 Sewing, needlework, and piece goods services 5949 Shoe repair 7251 Sporting goods and bicycle shops 5941 Sports and recreation clubs, membership 7997 Stationery stores 5943 Tax return preparation 729 Title abstract offices 654 Tobacco stores and newsstands 5994 Used merchandise stores 593 Variety stores 533 Veterinary services 074 Videotape rental store 874 Vocational schools 824 Warehousing and storage 422 Watch, clock and jewelry repair 763 Wood cabinet making Uses relative to normal and customary business endeavors are permitted in the district subject to interpretation by the plan commission (d)
Permitted accessory uses. Allowed only if a permitted use is already located on the parcel:
(1)
Accessory garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.
(2)
Off-street parking and loading areas.
(3)
Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.
(4)
Roof mounted solar collectors.
(e)
Conditional uses.
(1)
Unattached dwelling unit for the owner, operator, employee or caretaker of the principal use.
(2)
Shopping centers.
(3)
Wind generation systems.
(4)
Telecommunications towers and facilities per section 60-220
(5)
Ponds meeting the standards of section 60-252
(6)
Animal kennels.
(7)
In addition to the above conditional uses, the following special uses may be permitted by the town board after review and public hearing. Commercial establishments dealing in adult entertainment or pornographic materials and activities:
a.
Intent. It is declared to be the purpose and intent of this subsection to protect the public health, safety, welfare, and morals of the community, to promote the stability of property values, and to impose restriction upon those activities which pander to gross sexuality in a manner that would detract from the neighborhood and adversely affect the property values, increase crime and violence, and be repugnant to the morals of the community. In recognition of the protection afforded to the citizens under the First and Fourteenth Amendments, it is not the intent to inhibit freedom of speech or the press, but rather to restrict the location of defined materials and activities consistent with the town's interest in the present and future character of its community development.
b.
Uses which may be permitted. The following uses shall only be permitted as herein provided:
1.
Commercial establishments which display, sell, have in their possession for sale, offer for view, publish, disseminate, give, lease, or otherwise deal in any written or printed matter, pictures, films, sound recordings, machines, mechanical devices, models, facsimiles, or other material and paraphernalia depicting sexual conduct or nudity and which exclude minors by reason of age.
2.
Commercial establishments which display for viewing any film or pictures depicting sexual conduct or nudity and which exclude minors by reason of age.
3.
Commercial establishments in which any person appears or performs in a manner depicting sexual conduct or involving nudity and from which minors are excluded by reason of age.
c.
Definitions. The following words, terms and phrases, when used in subsection (e)(7) of this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the areola, or the human male genitals in a discernible turgid state even if completely or opaquely covered.
Sexual conduct means acts or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or if such a person is a female, breasts.
d.
Conditions. The above conditional uses shall be subject to the following provisions:
1.
No permit shall be granted where the proposed establishment is within 500 feet of any hospital, church, school, funeral parlor, restaurant, library, museum, or playground, or any other public or private building or premises likely to be utilized by persons under the age of 18 years.
2.
No permit shall be granted where the proposed establishment is within 1,000 feet of any area zoned residential or agricultural in the same or a contiguous town or municipality.
3.
The applicant shall furnish the town detailed information as to the nature of use and activity of the proposed establishment. If the application is for an establishment under subsection (e)(7)b.1 and b.2 of this section, the applicant shall furnish representative samples of the materials to be dealt in. If the application is for an establishment under subsection (e)(7)b.3 of this section, the applicant shall in detail specify the nature of the activity to be engaged in.
4.
Advertisements, displays, pictures, or other promotional materials shall not be shown or exhibited on the premises in a manner which makes them visible to the public from pedestrian ways or other public or semipublic areas.
5.
All points of access into such establishments and all windows or other openings shall be located, constructed, covered, or screened in a manner which will prevent a view into the interior from any public or semipublic area.
6.
In case of a protest signed by 20 percent or more of the persons of the area within 300 feet of the property lines, the grant of such permit shall require a majority vote of the town board.
7.
The town board in determining whether to grant a permit hereunder shall, in addition to considerations otherwise taken into account when acting on conditional use permits, consider the protection of property values in the affected area; the preservation of neighborhoods, the tendency of such use to attract an undesirable quantity or quality of transients; the tendency of such use to cause increases in crime, especially prostitution and sex-related crimes and the need for policing; the tendency of such use to cause increases in noise, traffic, and other factors interfering with the quiet and peaceful enjoyment of the neighborhood; the tendency of such use to encourage residents and businesses to move elsewhere; the protection of minors from such materials and activities; and any other factor created by the type of use being considered, along with the health, safety and general welfare of the community.
(f)
Lot size, bulk restrictions and yard requirements.
(1)
Lot size.
a.
Area: minimum of one acre.
b.
Width: minimum of 100 feet at highway setback line. Frontage on curves may be reduced to a minimum of 60 feet if other requirements are substantially followed.
(2)
Building height.
a.
Principal building: maximum of 35 feet.
b.
Accessory building: maximum of 35 feet.
(3)
Yards.
a.
Front yard setback: see section 60-33
b.
Shore yard setback: minimum of 75 feet.
c.
Principal structure side yard setback:
1.
Minimum one side: 15 feet.
2.
Minimum combined: 30 feet.
d.
Principal structure rear yard setback: minimum of 40 feet.
(4)
New construction grade level. New construction grade level of the front foundation shall be at or above the grade level of the edge of the highway.
(5)
Building area. The total minimum living area of an attached dwelling shall be 500 square feet, and for an unattached dwelling shall be 1,000 square feet, excluding garages and decks.
(Code 2006, § 13-1-47)