In accordance with Town plans, this district
is intended to provide locations for the widest range of commercial
businesses serving a local or regional clientele. Typically, a general
commercial area includes locations for larger concentrations of commercial
and business activities in both unified shopping centers and along
appropriate arterial roads.
In a General Commercial BF-2 District, no building
or premises shall be used and no building or part of a building shall
be erected, in whole or part, for any uses except the following:
A. Permitted uses shall be as follows, provided that they do not exceed 20,000 square feet of floor area and subject to the requirements specified below and elsewhere in these regulations, including the administrative review mechanism, and site plan approval in accordance with Chapter
217, Article
III, of these regulations:
(1) Government, business/professional and medical offices
and offices for nonprofit organizations.
(2) Consumer service, business service and repair service
establishments.
(3) Art, craft, dance, music, martial arts and similar
instruction and/or display studios and fitness facilities.
(4) Self-service laundries or dry-cleaning dropoff.
(5) Retail sales of non-food items, such as sales of shoes,
clothing, home furnishings, antiques, small appliances, computers
and electronic equipment, hardware, paint and wallpaper, sport/hobby
equipment, books, luggage, cards and gifts, jewelry, liquor, drugs,
fabrics and flowers; but excluding vehicle sales.
[Amended 11-25-2008 by L.L. No. 6-2008]
(6) Retail sales as permitted in Subsection
A(5) above, that include, as a minor, ancillary component, the sale of prepackaged food items prepared off-site for consumption off of the premises.
[Added 11-25-2008 by L.L. No. 6-2008]
B. Conditional uses shall be permitted as follows, subject to approval by the Planning Board in accordance with Chapter
217, Article
II, hereof and subject to the requirements specified below and elsewhere in these regulations, including site plan approval, in accordance with Chapter
217, Article
III, of these regulations:
(1) Banks, with or without drive-through facilities, subject to the requirements of §
207-14.3, Drive-through standards. Banks with automatic teller machines shall also be subject to the standards in §
203-84B(2)
(2) Automatic teller machines, as a principal use or an
accessory use to a permitted or conditionally permitted use, subject
to the following standards:
(a)
Automatic teller machines shall be located and
screened so that, when the requirements of all state and federal laws
are met, there is no overflow of light from the automatic teller machine
or any access paths or drives onto any residential properties. A lighting
plan shall be submitted showing the location, direction, power and
time of use for any proposed outdoor lighting.
(b)
Automatic teller machines configured as drive-throughs shall meet the requirements of §
207-14.3, Drive-through standards, except that the lighting requirements in this section shall apply if they are more restrictive.
(c)
All other requirements of these regulations
are met, except that the lighting requirements in this section shall
apply if they are more restrictive.
(3) Restaurants, with or without live entertainment, subject
to the following conditions:
(a)
The restaurant shall have a minimum square foot
gross floor area space in the dining room area of 15 square feet per
seat.
(b)
The requirements of §
207-14.2, Supplemental restaurant regulations, are met.
(c)
The occupancy of restaurants with live entertainment
on the premises shall be approved by the Town Fire Marshal.
(d)
The property shall be appropriately landscaped and screened and buffered from adjacent uses in accordance with Chapter
207, Article
V, and the Table of Uses in Appendix Part 1 of these regulations and any streetscape design guidelines developed for the Town's commercial areas. Any such guidelines would be located in Appendix Part 5.
(e)
No restaurant use shall be located within 50
feet of a property line adjoining a residential district.
[Added 6-26-2002 by L.L. No. 4-2002]
(4) Outdoor dining facilities as accessory uses to restaurants,
subject to the following standards:
(a)
Outdoor dining facilities shall only be allowed
in conjunction with legally established restaurants located on the
same parcel and shall only operate during the hours of operation of
the associated restaurant. Outdoor dining facilities shall not be
located on any public property.
(b)
No live or broadcast music or other entertainment
shall be allowed in conjunction with an outdoor dining facility.
(c)
Outdoor dining facilities shall be used only
for dining by seated patrons. No bars for the service of alcohol,
food preparation areas or dance areas shall be permitted in an outdoor
dining area.
(d)
Location and configuration.
[1]
Outdoor dining facilities shall be located and
configured so as to:
[a] Ensure, to the satisfaction of
the Planning Board, the safe and unhindered passage of pedestrians
and/or vehicles; and
[b] Prevent the escape of litter from
the dining area.
[2]
The Planning Board may require aesthetically
pleasing barriers, such as wooden railings with lattice work, solid
vegetative hedges (either in-ground or in planters) or decorative
metal barriers, to accomplish these objectives or to enhance the aesthetic
appeal of the dining area.
(e)
The capacity of any outdoor facilities shall
be limited to 50 seated patrons with such seating capacity included
when calculating parking requirements.
(f)
The area of any outdoor dining facility shall
not exceed 750 square feet.
(g)
During each day of operation of an outdoor dining
facility, a restaurant employee shall regularly patrol the area within
300 feet of the outdoor dining facility to collect any trash or litter
which may have been generated by restaurant operations or customers.
(h)
Outdoor dining facilities located in any yard
except a front yard shall be a minimum of 100 feet from any adjacent
residential use, shall not be located within any required setback
and shall be screened from view to the satisfaction of the Planning
Board.
(i)
Outdoor dining facilities shall be permitted
in a front yard not abutting a residential district, subject to the
following conditions:
[1]
Outdoor dining facilities situated at grade
shall not be located within 20 feet of the front property line.
[2]
Outdoor dining facilities located above grade
shall not be located within the required front setback.
(j)
All other requirements of these regulations
are met.
(5) Specialty food stores, convenience stores/neighborhood
grocery stores, supermarkets and otherwise permitted or conditionally
permitted retail uses involving food sales, subject to the following
conditions:
(a)
All uses involving on-premises food preparation shall meet the requirements applicable to restaurant uses listed in §
207-14.2, Supplemental restaurant regulations.
(b)
All uses involving sales of food capable of being immediately consumed which is sold in disposable packaging shall meet the requirements applicable to restaurant uses listed in §
207-14.2, Supplemental restaurant regulations, Subsection
A(4), Litter.
(c)
The requirements of §
207-14.2, Supplemental restaurant regulations, Subsection
A(2), Refuse handling, are met.
(6) Neighborhood dry-cleaning facilities, subject to the
following provisions:
(a)
Gross floor area shall not exceed 2,500 square
feet.
(b)
The applicant shall show, to the satisfaction
of the Planning Board and/or Fire Marshal, that there is not an unacceptable
risk of fire or outside emission of noxious or malodorous vapor associated
with the operation of the facility. Determination of what constitutes
an unacceptable risk shall be made by the Planning Board.
(c)
All applicable federal and state regulations
are complied with.
(7) Nursing homes and day-care centers.
(8) Public utilities and government buildings other than
offices, excluding power plants and maintenance and storage facilities.
(11)
Mortuaries and funeral homes, excluding crematoria.
(12)
Animal hospitals and kennels, subject to the
following special requirements: No building or kennel exercise pen
shall be nearer than 100 feet to any residence or residential district
boundary.
(13)
Commercial recreational facilities within a
fully enclosed building, including but not limited to fraternal lodges,
bowling alleys and theaters.
(14)
Drive-through facilities as accessory uses to permitted or conditionally permitted uses, subject to the requirements of §
207-14.3, Drive-through standards, and any other requirements that may be imposed by the Planning Board.
(16)
General equipment rental.
(17)
Neighborhood convenience centers, community
shopping centers, single retail uses, such as department stores, big
box retailers and building supply stores, and other permitted or conditionally
permitted uses which occupy more than 20,000 square feet of floor
area, subject to other requirements of these regulations and the following
special requirements:
(a)
Any new or expanded building greater than or
equal to 20,000 square feet of floor area shall be a minimum distance
from any side property line of 25 feet.
(b)
The applicant shall demonstrate, through the
use of reports and data acceptable to the Town, that the use will
not result in an adverse change in traffic levels on any streets within
the Town and that the use will not result in an unacceptable increase
in traffic or on-street parking on any residential streets within
the Town. Determination of the level of increase of traffic or parking
that constitutes an adverse change or unacceptable increase shall
be made by the Planning Board.
(18)
New automobile sales establishments with accessory
facilities, subject to the following special requirements:
(a)
Minimum lot area shall be one acre, and the
minimum lot width shall be 150 feet.
(b)
Entrance and exit driveways shall have width
of not less than 12 feet and shall be so laid out as to avoid the
necessity of any vehicle backing out into any public right-of-way.
(c)
Outdoor storage and display of vehicles shall conform to the requirements of §
205-18B of these regulations and shall not be permitted on any unpaved area.
(d)
Vehicle lifts or pits, dismantled automobiles
and all parts and supplies shall be located within a building enclosed
on all sides.
(e)
All services or repairs of motor vehicles shall
be conducted in a building enclosed on all sides. This requirement
shall not be construed to mean that the doors to any repair shop must
be kept closed at all times.
(f)
Gasoline or flammable oils in bulk shall be
stored fully underground, not nearer than 10 feet to any street line
or 35 feet to any lot line.
(g)
No commercial sale of gasoline shall be permitted,
nor shall any pump be located in a front or side yard.
(h)
No building permit shall be issued for any such
establishment within a distance of 200 feet of any school, church,
hospital or other place of public assembly designed for occupancy
by more than 50 persons, said distance to be measured in a straight
line between the nearest points of each of the lots or premises, regardless
of the district in which either of the premises is located.
(i)
Sale of used cars shall be conducted only as
accessory to a new-car sales.
(j)
There shall be no unenclosed storage of goods,
materials, equipment, refuse, garbage or debris, except as permitted
in this section.
(19)
Motels, motor inns and hotels, subject to the
following special requirements:
(a)
Minimum lot area shall be one acre, plus 2,000
square feet of lot area for each guest room over 10.
(b)
The minimum lot width shall be 100 feet. The
minimum lot depth shall be 200 feet.
(c)
The maximum height shall be 40 feet and the
maximum building length shall be 160 feet.
(d)
The maximum lot coverage shall be 30%.
(e)
Accessory to a motel, the following uses are
permitted if planned as an integral part of the motel and, excluding
swimming pools, shall not constitute more than 35% of the floor area:
[1]
Restaurant facilities providing food and drink.
[2]
Newsstands, gift shops and other shops and facilities
for service to motel guests.
[3]
Convention facilities and other public rooms.
[4]
Swimming pools as regulated in Chapter
207, Article
II, for the exclusive use of the guests of the motel.
(20)
Outdoor storage or display. Outdoor storage
or display of goods, merchandise or equipment by a permitted or conditionally
permitted use other than new automobile sales, subject to the following
requirements:
(a)
Outdoor storage and display shall be permitted
only in the rear yard.
(b)
Outdoor storage and display shall be permitted
only as a permanent, accessory use to a permitted or conditionally
permitted use.
(c)
Outdoor storage and display shall be permitted
only for items on sale to or for rent to the public.
(d)
Total outdoor storage and display area on any
lot shall not be larger than 20% of the area of the principal, enclosed
use on the same lot.
(e)
All outdoor storage and display areas shall
be screened with solid fencing acceptable to the Planning Board to
the height of six feet.
(f)
Stored/displayed items shall not exceed the
height of the screening fence.
(g)
Outdoor storage and display areas shall not
be located in the required rear setback.
(h)
No machinery may be operated in any outdoor
storage and display area, with the following exceptions:
[1]
All uses to the extent necessary for the delivery
of merchandise from suppliers.
[2]
Such machinery as may be determined by the Planning
Board not to have significant noise or other negative environmental
impacts.
C. Landscaping.
(1) All new or expanded conditional uses shall be appropriately screened, buffered and landscaped in accordance with Chapter
207, Article
V, and Appendix Part 1 of these regulations and any streetscape design guidelines developed for the Town's commercial areas. Any such guidelines would be located in Appendix Part 5. Screening for new or expanded conditional uses shall include a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in §
207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.
(2) All new or expanded permitted uses shall be screened with a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in §
207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.
D. Additional standards. The following additional standards
shall apply to all new or expanded permitted and conditional uses
in the General Commercial District (BF-2).
(1) Hours of operation. No use, except approved automatic
teller machines, may operate or accept deliveries, nor may a truck
or other machinery be operated on the premises of any use, earlier
than 6:00 a.m. nor later than 12:00 midnight, except that:
(a)
A business may apply for a conditional use permit
to operate until 2:00 a.m. In determining whether to grant such a
permit, and the conditions thereof, the Planning Board shall consider,
among other factors:
[1]
The impacts of noise generated by such operation,
both during hours of operation and from activities which normally
take place prior to or following normal operating hours, such as cleaning,
setup activities, trash disposal or bottle sorting; and/or
[2]
The impacts of light generated by the operation
itself or the vehicles of customers or employees.
[3]
The proximity of the use to adjacent residential
structures.
[4]
The methods proposed by the applicant to mitigate
the adverse effects of noise, litter, lighting and traffic upon the
residential area.
(b)
Twenty-four hour permit.
[1]
A business may apply for a conditional use permit
for twenty-four-hour operation, provided that:
[a] The business and its parking area
are not adjacent to any residential property; or
[b] There is a minimum distance of
100 feet between the business and the nearest residential structure,
measured from the residential structure to the nearest exterior wall
of the portion of the structure containing the business; and any parking
area associated with the business is entirely screened from any residential
property by intervening structures or with screening, including fencing
and opaque vegetation, of at least 10 feet in depth.
[2]
In determining whether to grant such a permit and the conditions thereof, the Planning Board shall consider the factors listed in Subsection
D(1)(a) above.
[3]
The Board may also require from the applicant
business-specific or industry data to support the need for extended
hours of operation. A conditional use permit for extended hours of
operation shall not be granted unless the Planning Board finds that
the operation itself and/or mitigation measures proposed by the applicant
or imposed by the Board will effectively control negative impacts
on residential properties.
(2) Noise-generating equipment. All air-handling equipment or other noise-generating equipment shall be located a minimum of 10 feet from any property line adjoining a residential district and shall be screened as necessary, in the opinion of the Building Inspector, the Planning Board or the Architectural Review Board, to prevent noise intrusion onto or visibility from adjacent residential properties and adjacent rights-of-way. At the property boundary, noise generated by such equipment shall not be loud enough to interfere with the use and enjoyment of adjacent residential property. All new or expanded permitted and conditional uses are also prohibited from creating any unreasonably loud, disturbing and unnecessary noise as described in Chapter
102, §
102-3, of the Town Code.
(3) Lighting. All lighting shall be designed to eliminate
light overflow onto adjacent residential properties. Any signage,
building or parking lighting not necessary for security purposes shall
be placed on automatic timing devices which allow illumination to
commence each day 1/2 hour before the business is open to the public
and to terminate 1/2 hour after the close of business.
All changes or extensions of permitted or allowed
uses or changes of proprietorship within this district must apply
for a certificate of compliance from the Building Inspector or designee.
This administrative review shall determine if all the requirements
of these regulations are met for the new or expanded use. The Building
Inspector or designee shall have the right to any additional information
necessary to make such a determination. The Building Inspector or
designee is authorized to grant a certificate of compliance only for
those applications which meet all the requirements of these regulations
and when any previous Town conditions, if applicable, have been met.
A report of all certificates of compliance applications and the outcome
of the administrative review shall be routinely given to the Planning
Board.
All uses shall be subject to all applicable bulk, off-street parking and loading requirements set forth in Chapter
205, Articles
I,
II and
III, of these regulations. In addition, the following off-street parking standards shall apply:
A. For new automobile sales, all parking areas used for the outdoor storage of cars shall be subject to the requirements of Chapter
205, Articles
I and
II, of these regulations.
See the sign regulations in Chapter
207, Article
VI, of these regulations.
See the communication facilities regulations in Chapter
207, Articles
VIII and
I, §
207-3D, of these regulations.
All proposed development which has a direct impact on open space, buffers or linkages or involves changes to site landscaping shall be referred to the Conservation Board for an advisory report prior to final site plan approval by the Planning Board. The Conservation Board's review shall include analysis of the compatibility of landscaping intended to meet the screening requirements of Chapter
207, Article
V. The Conservation Board shall also review the compatibility of any streetscape landscaping elements with any streetscape design guidelines developed for the Town's commercial areas. Any such guidelines would be located in Appendix Part 5.
See the access control regulations in Chapter
207, Article
IV, of these regulations.
See the landscaping regulations in Chapter
207, Article
V, of these regulations.
See the supplementary regulations in Chapter
207, Article
I, of these regulations.
See the supplementary regulations in §
207-14.1, of these regulations.