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ARTICLE X

by Jonathan Bailey last modified 2013-03-07 09:01 PM

GENERAL COMMERCIAL DISTRICT "C-1"

SECTION 1. STATEMENT OF INTENT. This District is intended to accommodate the full range of retail commercial services and products, wholesaling and warehousing. Residences are not permitted within the District, although apartments within the stores and business houses will be permitted.

Subsection A. No (C-1) Commercial District shall be created closer than two thousand (2,000) feet to any existing feed lot, confinement facility or confinement poultry farm.

SECTION 2. USES PERMITTED. The following uses are permitted within this District:

Subsection A. All uses involving retailing, commercial services and products, professional services to the general public, wholesaling, distributing and warehousing including:

(1) Agricultural retail/service outlets.

(2) Amusement places.

(3) Antique and used furniture shops.

(4) Apartments located in a building devoted to non-residential uses in part.

(5) Art shops and galleries including art classes.

(6) Bakeries.

(7) Banks and financial institutions.

(8) Barber shops and beauty salons and similar personal service shops.

(9) Bicycle and motorcycle repair shops excluding commercial wrecking, dismantling or junkyards.

(10) Book, flower and gift shops.

(11) Bottling works.

(12) Bowling alleys.

(13) Broadcasting and telecasting stations, studios and offices including towers for transmitting cellular communications.

(14) Business and commercial schools, dancing and music academies.

(15) Car wash.

(16) Catering and delicatessen shops.

(17) Churches and parish houses.

(18) Clinics (medical, dental and similar types).

(19) Clothing retail and service.

(20) Confectionery stores, dairy stores, including ice cream snack bars.

(21) Convenience stores.

(22) Day nurseries.

(23) Dressmaking, millinery and tailoring shops.

(24) Drug stores.

(25) Dry cleaning.

(26) Electric, radio and TV sales and repair shops.

(27) Garages, public and storage.

(28) Gasoline stations including repair and body shops.

(29) Greenhouses.

(30) Grocery stores.

(31) Hotel and motels.

(32) Laundromats and laundries.

(33) Lawn mower repair shops.

(34) Professional offices including laboratories.

(35) Metal working and machine shops.

(36) Milk distributing and processing concerns.

(37) Mobile home sales lots.

(38) Motor vehicle sales and service concerns including parts.

(39) Parking lots.

(40) Photography studios.

(41) Plumbing supply and service shops.

(42) Private clubs and lodges.

(43) Repair, rental and servicing of any article the sale, warehousing, fabrication or assembly of which is permitted in this District.

(44) Restaurants and fast food outlets.

(45) Retail stores.

(46) Shoe repair shops.

(47) Small appliance sales and service.

(48) Taverns.

(49) Tinsmiths.

(50) Theaters.

(51) Undertaking establishments, including funeral homes and ambulance services.

(52) Variety stores.

(53) Veterinary clinics including observation kennels for household pets only.

(54) Warehouses.

(55) Wholesale concerns.

(56) Accessory uses and buildings subject to the provisions of Article XVII.

(57) Any light manufacturing or light industrial use which is carried on entirely within the buildings, which is not noxious or offensive due to the emission of odors, gases, smoke or noise, which is not a menace to public health and safety and which will not substantially or permanently injure the appropriate use of the neighboring property.

Subsection B. This section is reserved for future use.

Subsection C. This section is reserved for future use.

Subsection D. This section is reserved for future use.

Subsection E. Non-Commercial WECS. Subject to the following standards:

1. Tower Height: Parcels smaller than one acre are not recommended for the placement of WECS, and must seek a special use permit. For property sizes between one acre and two acres the tower height shall be limited to 80 ft. For property sizes of two acres or more, there is no limitation on tower height, except as imposed by FAA regulations.

2. Setback: No part of the wind system structure, including guy wire anchors, may extend closer than ten (10) feet to the property boundaries of the installation site.

3. Noise: Non-Commercial WECS shall not exceed 60 dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

4. Engineer Certification: Applications for Non-Commercial WECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the applicable regulations and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer.

5. Compliance with FAA Regulations: Non-Commercial WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

6. Compliance with National Electric Code: Applications for Non- Commercial WECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer.

7. Utility Notification: No Non-Commercial WECS shall be installed until evidence has been given that the utility company has been informed of the customer' intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

All wind turbines must set-back the height of the turbine (base to tip of the blades full extended upward) from any lot line or right-of-way lines.

SECTION 3. LOT AREA, FRONTAGE AND YARD REQUIREMENTS.

The following minimum requirements shall be observed in the "C-1" District:

Use

Lot Area

Frontage/Lot Width

 Lot Area per Family

All uses

No minimum

No minimum

No minimum

All other permitted uses

No minimum

No minimum

No minimum

SET-BACK REQUIREMENTS

Use

 Front

 Side

 Flag

Rear

All Uses

50 ft.

No mininum**

20 ft.

20 ft.

All other permitted uses

50 ft.

No mininum**

20 ft. 2 ft.
* 5 ft. from alley lines.
**except when adjoining any residential district or use, in which case fifteen (15) feet shall be required

SECTION 4. PROHIBITED USES. The following uses are prohibited in this district:

Subsection A. Adult book stores, adult motels, adult movie arcades/theaters, friendship clubs, dating clubs or services, escort services, nude modeling studios, establishments for nude encounter sessions, massage parlors or any other business oriented toward titillation or gratification of sexual feelings or desires of patrons.

Subsection B. Junkyards and junk cars not stored in a building or permanent structure.

Subsection C. Animals and livestock other than household pets including but not limited to dogs, cats, and other small animals.

SECTION 5. SITE PLAN.

Subsection A. Site Plan (if required) shall be in accordance with Article XVI.


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