§ 74-357. Commercial district and restrictions thereon.

(a)

Uses restricted to listed purposes. Property in this district may be used only for the following purposes:

(1)

All retail businesses as not specifically excluded by this section;

(2)

An alcoholic beverage control store;

(3)

A postal facility;

(4)

Banks and other financial institutions;

(5)

Restaurants that provide table service only and do not provide drive-in, curb, or take-out service;

(6)

Service establishments catering to the general public, such as barbershops, beauty shops, and dry cleaners;

(7)

Office buildings;

(8)

Gasoline stations, with not more than two single car service bays;

(9)

Library;

(10)

Other uses compatible with the foregoing as determined by the board of commissioners; and

(11)

As secondary uses: Wireless support structures as provided in section 74-418 and wireless telecommunications facilities as provided in section 74-417.

(b)

Other restrictions.

(1)

No building shall be constructed within 50 feet of a street right-of-way.

(2)

No building or parking area shall be constructed within 20 feet of any adjoining property line, with the exception that in cases where by mutual consent of adjoining landowners, properly executed and recorded, and with the consent of the board of commissioners, parking areas may be constructed within this area.

(3)

Maximum building height shall be 35 feet measured from the lowest finished grade level of the building foundation or pilings to the highest point of the building, with no more than two floors of heated space.

(4)

The number of vehicular entrances shall be established by the town board of commissioners based on the proposed site plan and other prevailing circumstances.

(5)

All driveways and parking areas shall be graded, stabilized, and constructed in such a manner as to provide adequate drainage of surface water. All driveways are to be paved to the standards of private streets as set out in chapter 66, pertaining to subdivisions. All parking lots are also to be paved.

(6)

Within this zone, one parking space shall be provided for every 200 square feet of enclosed floor area constructed, excluding storage space. Parking areas located within this zone shall be for the sole use of customers, employees and others engaged in the conduct of business within this zone.

(7)

The site plan shall not be approved by the board of commissioners if the commissioners find any one of the following:

a.

The project would be environmentally detrimental to the community as a whole;

b.

The project would be environmentally detrimental to any surrounding properties;

c.

The project would, in violation of good land use practices, fail to apply the open space requirements of the town ordinance in such a way as to maximize protection of existing dunes and vegetation;

d.

The project would not, in accordance with good land use practices, minimize the amount of grade and fill on site for the purpose of preserving natural drainage contours and existing ecologically valuable vegetation; or

e.

The aesthetic impact of the project would not be compatible with general community standards, as represented by existing architecture within the town. The site plan shall not be refused approval based on aesthetic characteristics unless the board of commissioners find such failure to comply with existing community architectural standards, following a recommendation by the community appearance commission and the planning board recommending such denial.

(c)

Phased development. Development in this district may occur in phases provided that:

(1)

The first phase submitted for approval consists of no less than 10,000 square feet of enclosed floor space and each subsequent phase consists of not less than 5,000 square feet of enclosed floor space.

(2)

All requirements as to driveways, walkways, parking, and site maintenance are complied with as if the submitted phase constituted completion of the entire development. That is, the phase so approved shall be able to stand alone if no further development occurs.

(3)

The proposed plans for each phase do not impede proper unified utilization of the remainder of the district, according to the approved site plan.

(4)

Each proposed phase shall be subject to approval by the town board of commissioners, after review by the town planning board, building inspector, and community appearance commission.

(d)

Signs.

(1)

The only signs permitted in the commercial zone shall be wall signs, ground signs, hanging signs, and window signs. Lighted signs shall not interfere with traffic safety nor cause a nuisance for neighboring properties.

(2)

Only one ground sign shall be permitted for any business, or for any group of related businesses, such as a shopping development or multi-use facility with common parking facilities. This ground sign shall not exceed 60 square feet in size. The ground sign shall not exceed 12 feet in width, nor shall it extend to its top more than 15 feet above the centerline elevation of the nearest public street, at the point nearest the sign.

(3)

Any business housed in its own separate building shall be allowed one wall sign. The wall sign may not exceed 30 square feet.

(4)

No wall sign shall be allowed to protrude or extend beyond the perimeters of the wall upon which it is mounted.

(5)

There shall be allowed a wall sign for each business within a multi-use building, notwithstanding the fact that the building itself may be identified by a ground sign or the business identified on a directory which is a part of the ground sign. A sign shall not exceed 15 square feet.

(6)

Each business (including each business within a related group of businesses) shall be allowed one window sign or one hanging sign. The window sign shall be limited to a size not to exceed three square feet measured by the frame. Any hanging sign shall not exceed three square feet in size, and shall be hung at least seven feet and not more than ten feet above the walking elevation directly below the sign.

(7)

Posters and/or window signs shall not cover more than 50 percent of any individual glass surface.

(8)

No sign may be attached to any external perimeter or boundary fencing.

(9)

No signs shall include blinkers, flashers, or intermittent pause features such as running lights.

(10)

The following signs are not permissible within the town: portable message boards, sandwich boards, revolving, moving, or rotating signs, electronic message boards, roof signs, and wind-driven signs, such as tethered balloons or other inflatable objects.

(11)

No vehicles or trailers located on the site shall be used exclusively to support signs.

(12)

For detached signs any permitted lighting shall be designed to shield the effects on approaching motorist.

(13)

Other signs may be located in the commercial zoning district as allowable under Sections 74-221 and 74-222.

(Code 2001, § 21-7(k)(4); Ord. No. 1989-9, 3-14-1989; Ord. No. 1990-5, 9-11-1989; Ord. No. 1990-6, 9-11-1989; Ord. No. 1991-3, 2-12-1991; Ord. No. 1991-5, 2-12-1991; Ord. No. 1992-4, 12-8-1992; Ord. No. 1994-3, 4-10-1994; Ord. No. 2002-08, 7-9-2002; Ord. No. 2003-10, 11-11-2003; Ord. No. 2016-02, Art. 2.E.3, 2-5-2016; Ord. No. 2016-07, Art. II.h., 6-8-2016)