See § 331-28C(1).
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices, excluding
medical and dental offices.
(2)
Stores and shops exclusively for sales at retail or
the performance of customary personal services.
(3)
Large scale major retail outlets.
(4)
Theaters up to a capacity of 200 persons.
(5)
Bowling alleys.
(6)
Skating rinks.
(7)
Indoor tennis courts and indoor racquetball and squash
courts.
(8)
Banks.
(9)
Restaurants.
(10)
Boatyards.
(11)
Manufacture of products for retail sale on the
premises only, provided that not more than five persons shall be so
employed at any one time, and provided further that not more than
30% of the gross floor area of any establishment be so used.
(12)
Municipal uses.
(13)
Houses of worship.
(14)
Martial arts studios, dance studios and aerobic
exercise studios.
[Added 4-13-2009 by Ord. No. 71-2009]
(15)
College-related uses within 1,500 feet of the college and/or
university's main administrative building.
[Added 2-19-2013 by Ord. No. 39-2013]
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and
customarily accessory to the permitted principal use on the lot on
which they are located.
(2)
Motor vehicle storage areas and related parking.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(7)
Motor vehicle filling and service stations as regulated by § 331-100.
[Added 5-21-2003 by Ord. No. 106-2003]
(9)
Cabarets accessory to a restaurant shall be permitted when the C1-M District is located in the Cabaret Overlay Zone only as regulated by § 331-113.2.
[Added 3-20-2012 by Ord. No. 50-2012; amended 9-17-2014 by Ord. No.
124-2014]
(10)
Discount variety stores as regulated by § 331-113.13.
[Added 5-21-2019 by Ord.
No. 2019-105]
See § 331-28C(2).
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Stores and shops exclusively for sale at retail or
the performance of customary personal services. Notwithstanding the
foregoing, stores and shops exclusively for retail sale located within
150 feet of a residential district or use shall not exceed 3,000 square
feet, including all accessory spaces, unless the current parking requirements
are met on site.
[Amended 5-17-2016 by Ord. No. 117-2016]
(3)
Manufacture of products for retail sale on the premises
only, provided that not more than five persons shall be so employed
at any one time, and provided further that not more than 30% of the
gross floor area of any establishment be so used.
(4)
Retail laundries or retail dry cleaners.
(5)
Banks.
(6)
Restaurants.
(7)
Restaurants, carry-out.
(8)
Health clubs.
(9)
Community purpose buildings.
(11)
Houses of worship.
(12)
Martial arts studios, dance studios and aerobic
exercise studios.
[Added 4-13-2009 by Ord. No. 71-2009]
(13)
Dwelling units located on the second floor and above only, including living/loft or office arrangements as regulated by § 331-72C of this chapter.
[Added 7-19-2011 by Ord. No. 135-2011]
(14)
Animal hospitals.
[Added 3-18-2014 by Ord. No. 52-2014]
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and
customarily accessory to the permitted principal use on the lot on
which they are located.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
Schools.
(3)
Catering establishments.
(12)
Cabarets as accessory to a restaurant use shall be permitted when the NB District is located in the Cabaret Overlay Zone only as regulated by § 331-113.2.
[Added 3-20-2012 by Ord. No. 50-2012; amended 9-17-2014 by Ord. No.
124-2014]
(13)
Discount variety stores as regulated by § 331-113.13.
[Added 5-21-2019 by Ord.
No. 2019-105]
[Added 9-20-2018 by Ord.
No. 2018-184]
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Stores and shops exclusively for sale at retail or the performance
of customary personal services. Notwithstanding the foregoing, stores
and shops exclusively for retail sale located within 150 feet of a
residential district or use shall not exceed 3,000 square feet, including
all accessory spaces, unless the current parking requirements are
met on site.
(3)
Manufacture of products for retail sale on the premises only,
provided that not more than five persons shall be so employed at any
one time, and provided further that not more than 30% of the gross
floor area of any establishment be so used.
(4)
Retail laundries or retail dry cleaners.
(5)
Banks.
(6)
Restaurants.
(7)
Restaurants, carry-out.
(8)
Health clubs.
(9)
Community purpose buildings.
(11)
Houses of worship.
(12)
Martial arts studios, dance studios and aerobic exercise studios.
(13)
Dwelling units located on the second floor and above only, including living/loft or office arrangements as regulated by § 331-72C of this chapter.
(14)
Animal hospitals.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily
accessory to the permitted principal use on the lot on which they
are located.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
(1)
Schools.
(2)
Catering establishments.
(11)
Cabarets as accessory to a restaurant use shall be permitted when the NB District is located in the Cabaret Overlay Zone only as regulated by § 331-113.2.
(12)
Discount variety stores as regulated by § 331-113.13.
[Added 5-21-2019 by Ord.
No. 2019-105]
See § 331-28C(3).
A.
Permitted principal uses.
(1)
Stores and shops for sales at retail or the performance
of customary personal services, excluding the sale of building materials,
stone, lumber, coal, other fuels or other materials or products.
[Amended 6-16-2015 by Ord. No. 135-2015]
(2)
Dwelling units located on the second floor and above only, including living/loft or office arrangements as regulated by § 331-72C of this chapter.
(3)
Business, professional, or governmental offices, to
be located above first floor.
(4)
Banks.
(5)
Business or trade schools, to be located above first
floor.
(6)
Restaurants.
(7)
Restaurants, carry-out.
(8)
Catering halls.
(9)
Dance studios, martial arts studios, aerobic exercise
studios, and health clubs.
[Amended 1-21-2020 by Ord. No. 2020-11]
(11)
Theaters, bowling alleys, skating rinks, indoor
tennis courts.
(13)
Medical care facilities, to be located above
first floor.
(15)
Houses of worship.
(16)
College-related uses.
[Added 2-19-2013 by Ord. No. 39-2013; amended 6-18-2013 by Ord. No.
121-2013]
(17)
Hotels.
[Added 2-24-2015 by Ord.
No. 41-2015]
(18)
Manufacture of products for retail sale, provided that a minimum
of 30% of the gross floor area be dedicated to retail sales of the
product, with such retail space located on the street level at the
building's street frontage.
[Added 7-18-2017 by Ord.
No. 152-2017]
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and
customarily accessory to the permitted principal use on the lot on
which they are located.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(7)
Businesses which store, package and ship products
to wholesale or catalog retail establishments which utilize the internet.
(8)
Craft beverage production facilities as regulated by § 331-113.10.
[Amended 7-18-2017 by Ord. No. 152-2017]
(11)
Funeral parlors.
(12)
Cabarets, as accessory to a restaurant, with a public assembly occupancy limit not to exceed 250 persons as regulated by § 331-113.2, when located within the Cabaret Overlay Zone.
[Added 7-15-2003 by Ord. No. 167-2003; amended 9-17-2014 by Ord. No. 124-2014]
(14)
eSports.
[Added 10-18-2017 by Ord.
No. 205-2017]
(15)
Tasting rooms as regulated by § 331-113.12.
[Added 2-12-2019 by Ord.
No. 2019-42]
(16)
Discount variety stores as regulated by § 331-113.13.
[Added 5-21-2019 by Ord.
No. 2019-105]
[1]
Editor’s Note: Former § 331-57.1, WDB-F West Downtown
Business Floating District, added 7-19-2005 by Ord. No. 182-2005,
was repealed 12-8-2015 by Ord. No. 233-2015.
[Amended 9-16-2003 by Ord. No. 204-2003]
See §§ 331-28C(4) and 331-74.
A.
Permitted principal uses.
(1)
Large scale retail facilities.
(2)
Stores and shops exclusively for sales at retail or
the performance of customary personal services.
(3)
Business, professional, or governmental offices.
(4)
Houses of worship.
(5)
National brand retail establishment, including accessory
fully enclosed storage, repair, servicing, and customizing of merchandise
sold by the national brand retailer and other complementary accessory
uses, which accessory uses shall not constitute more than 40% of the
total gross floor area of the establishment.
[Added 7-20-2004 by Ord. No. 165-2004]
(6)
Enclosed tennis, squash, handball and/or racquetball
court facility.
[Added 3-15-2005 by Ord. No. 61-2005]
(7)
Indoor wall or rock climbing facility.
[Added 3-15-2005 by Ord. No. 61-2005]
(8)
Restaurants
and Carry-Out Restaurants.
[Added 7-19-2011 by Ord. No. 135-2011]
(9)
Banks.
[Added 10-21-2014 by Ord. No. 167-2014]
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and
customarily accessory to the permitted principal use on the lot on
which they are located.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002; 9-16-2003 by Ord. No. 204-2003; 4-20-2004 by Ord. No.
90-2004; 2-13-2007 by Ord. No. 48-2007; 3-20-2012 by Ord. No.
50-2012; 11-15-2016 by Ord. No. 233-2016; 11-15-2016 by Ord. No. 242-2016]
(7)
Discount variety stores as regulated by § 331-113.13.
[Added 5-21-2019 by Ord.
No. 2019-105]
[Added 11-15-2016 by Ord.
No. 244-2016]
A.
Permitted principal uses.
(1)
Large-scale retail facilities.
(2)
Stores and shops exclusively for sales at retail or the performance
of customary personal services.
(3)
Business, professional, or governmental offices.
(4)
Houses of worship.
(5)
National brand retail establishment, including accessory fully
enclosed storage, repair, servicing, and customizing of merchandise
sold by the national brand retailer and other complementary accessory
uses, which accessory uses shall not constitute more than 40% of the
total gross floor area of the establishments.
(6)
Enclosed tennis, squash, handball and/or racquetball court facility.
(7)
Indoor wall- or rock-climbing facility.
(8)
Restaurants and carry-out restaurants.
(9)
Banks.
(10)
Health clubs.
(11)
Self-storage facilities.
(12)
Municipal facilities.
(13)
Outdoor storage of motor vehicles.
(14)
Motor vehicle dealership.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily
accessory to the permitted principal use on the lot on which they
are located.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
(6)
Discount variety stores as regulated by § 331-113.13.
[Added 5-21-2019 by Ord.
No. 2019-105]
See § 331-28C(5).
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Manufacture, fabrication, finishing or assembling
of products, in fully enclosed buildings.
(3)
Medical laboratories.
(4)
Animal hospitals.
(5)
Printing plants.
(6)
Wholesale businesses, including storage, warehousing
and distribution, in fully enclosed buildings.
(7)
Enclosed storage of passenger vehicles.
(8)
Health and recreational clubs.
(9)
Radio stations and transmission towers.
(10)
Houses of worship.
(11)
Stores and shops for sales at retail, provided
that such products are manufactured or assembled on the premises and
that not more than 30% of the gross floor area of the structure on
the premises shall be devoted to such retail use.
[Added 12-10-2002 by Ord. No. 229-2002]
(12)
Motor vehicle rental agency.
[Added 5-21-2003 by Ord. No. 106-2003]
(13)
Self-storage facility.
[Added 4-20-2004 by Ord. No. 90-2004]
(14)
Storage of commercial or industrial vehicles
or construction equipment in fully enclosed buildings.
[Added 4-20-2004 by Ord. No. 90-2004]
(15)
Open or enclosed storage of passenger and commercial vehicles, provided
that the proposed parking area is in accordance with the supplementary
regulations applicable to the same.
[Added 7-19-2011 by Ord. No. 137-2011]
(16)
Animal day care.
[Added 10-20-2015 by Ord. No. 203-2015]
(17)
Recreational uses.
[Added 11-15-2016 by Ord.
No. 233-2016]
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and
customarily accessory to the permitted principal use on the lot on
which they are located.
C.
Uses allowed by special permit. (See Article XII for body having jurisdiction to issue special permit.)
[Amended 7-16-2002 by Ord. No. 139-2002]
(2)
Motor vehicle dealerships.
(3)
Outdoor storage of motor vehicles.
(8)
Motor vehicle service or repair facility as regulated by § 331-101.
[Added 5-21-2003 by Ord. No. 106-2003]
(9)
Motor vehicle filling or service station as regulated by § 331-100.
[Added 5-21-2003 by Ord. No. 106-2003]
[Added 10-16-2018 by Ord.
No. 2018-218]
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Manufacture, fabrication, finishing or assembling of products,
in fully enclosed buildings.
(3)
Medical laboratories.
(4)
Animal hospitals.
(5)
Printing plants.
(6)
Wholesale businesses, including storage, warehousing and distribution,
in fully enclosed buildings.
(7)
Enclosed storage of passenger vehicles.
(8)
Health and recreational clubs.
(9)
Radio stations and transmission towers.
(10)
Houses of worship.
(11)
Stores and shops for sales at retail, provided that such products
are manufactured or assembled on the premises and that not more than
30% of the gross floor area of the structure on the premises shall
be devoted to such retail use.
(12)
Motor vehicle rental agency.
(13)
Self-storage facility.
(14)
Storage of commercial or industrial vehicles or construction
equipment in fully enclosed buildings.
(15)
Open or enclosed storage of passenger and commercial vehicles,
provided that the proposed parking area is in accordance with the
supplementary regulations applicable to the same.
(16)
Animal day care.
(17)
Recreational uses.
(18)
Hotels.
(19)
Restaurants.
(20)
Bars and nightclubs.
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and customarily
accessory to the permitted principal use on the lot on which they
are located.
See § 331-28C(6).
A.
Permitted principal uses.
(1)
Business, professional, or governmental offices.
(2)
Manufacture, fabrication, finishing or assembling
of products, in fully enclosed buildings.
(3)
Medical laboratories.
(4)
Animal hospitals.
(5)
Printing plants.
(6)
Wholesale businesses, including storage, warehousing
and distribution, in fully enclosed buildings.
(7)
Storage of motor vehicles.
(8)
Health and recreational clubs.
(9)
Radio stations and transmission towers.
(10)
Storage of commercial or industrial vehicles
or construction equipment.
(12)
Trucking terminals and truck trailer storage.
(13)
Houses of worship.
(14)
Motor vehicle service or repair facility.
[Added 5-21-2003 by Ord. No. 106-2003]
(15)
Motor vehicle filling or service station.
[Added 5-21-2003 by Ord. No. 106-2003]
B.
Permitted accessory uses.
(1)
Uses and structures which are clearly incidental and
customarily accessory to the permitted principal use on the lot on
which they are located.
A.
Bars and cabarets. No bar or cabaret shall be permitted
to be established or operated within a five-hundred-foot walking distance
of any other such establishment as measured by the shortest route
of ordinary pedestrian traffic in public rights-of-way between such
establishments' closest respective main normal public entrances. This
section shall not preclude restaurants from locating within 500 feet
of each other.
[Amended 7-15-2003 by Ord. No. 167-2003]
B.
Outdoor manufacturing areas. In districts where outdoor
manufacturing is permitted, the area devoted to such use shall not
be permitted to exceed 50% of the total buildable area of the lot
upon which it is located, and shall be completely screened from neighboring
street(s) and properties to the satisfaction of the approving agency
or the Building Official, as appropriate.
C.
Yards abutting residential districts. On any lots
abutting or straddling a residence district, the dimension of the
rear yard abutting the residence district shall be not less than 30
feet. The dimension of the side yard abutting the residence district
shall be not less than 20 feet in the least dimension. In all other
instances where yards are provided, the least dimensions of such yards,
other than a front yard in an LI or I District, shall be five feet.
D.
Unsafe buildings.
(1)
No building or portions thereof shall be permitted
to remain in any zoning district after total or partial destruction
or damage by fire, action of the elements or any other cause on or
after the effective date of this chapter, where the use for which
such building was erected or to which it was put prior to such destruction
or damage is forbidden by any provision by law, statute or ordinance
by reason of such destruction or damage or is discontinued by the
owner, occupant or lessee thereof, unless all necessary building and/or
other permits are obtained and the reconstruction, restoration or
repair of such building is commenced within 90 days of such destruction
or damage and fully completed within six months thereafter.
(2)
No building or portion thereof which has been totally
or partially destroyed or damaged by fire, action of the elements
or any other cause, prior to the effective date of this chapter, where
the use for which such building was erected or to which it was put
prior to such destruction or damage is forbidden by any provision
by law, statute or ordinance by reason of such destruction or damage
or has been discontinued by the owner, occupant or lessee thereof,
and the reconstruction, restoration or repair of such building has
not been commenced on or prior to the effective date of this chapter,
shall be permitted to remain in any zoning district more than 30 days
after the effective date of this chapter unless all necessary building
and/or other permits are obtained for and the reconstruction, restoration
or repair of such building is commenced within 60 days of such destruction
and fully completed within six months thereafter.
(3)
In any case where reconstruction, restoration or repair
cannot be completed within six months of such destruction or damage,
the Building Official, for good cause shown, may grant one or more
extensions of time, not exceeding a total of six months.
E.
Lot frontage. In special cases, such as on culs-de-sac
and along curved sections of streets, the Planning Board shall have
the discretionary authority, upon good cause shown in approving subdivisions,
to reduce the lot frontage requirement, but in no case shall the minimum
lot frontage be less than 15 feet.
F.
Lot area. Applying to residence districts, the area
of corner lots may be less than the required minimum by the amount
dedicated in order to create a curve at the intersection of street
lines in accordance with the provisions of any other codes or ordinances
or any requirements of the Planning Board.
H.
Drive-in facility. A drive-in facility shall be prohibited
when such facility is located on a lot which is adjacent to a residentially
zoned district.
[Added 2-10-2004 by Ord. No. 23-2004; amended 2-24-2004 by Ord. No. 37-2004; 9-21-2004 by Ord. No. 198-2004]
I.
Extended hours. Any self-service or retail establishment,
convenience store, carry-out restaurant, restaurant, animal day care,
motor vehicle filling station or motor vehicle service station shall
be prohibited to operate during extended hours when such facility
is located on a lot which is adjacent or within 150 feet of a residentially
zoned district. This regulation shall not apply to pharmacies and
their related uses within the Downtown Overlay Zone that are a minimum
of 50 feet from a residentially zoned parcel.
[Added 9-21-2004 by Ord. No. 198-2004; amended 2-21-2012 by Ord. No. 35-2012; 9-17-2014 by Ord. No. 124-2014; 10-20-2015 by Ord. No. 203-2015; 11-15-2016 by Ord.
No. 238-2016]
J.
Retail
tobacco, vape and similar nicotine products. Retail stores and shops
primarily selling tobacco, vape and similar nicotine products shall
not be located within 500 feet of the perimeter of any child day-care
center, children's institution, playground, school premises or youth
center.
[Added 7-18-2017 by Ord.
No. 153-2017]
