§ 30-4.9. C-2, Central Business District.

a.

General . The following specific regulations and the general rules set forth in Section 30-5 shall apply in all C-2 Districts, as delineated and described in the zoning map(s). It is intended that this district classification be applied in areas suitable for complete central retail business and service uses to serve a residential community.

b.

Uses Permitted .

1.

Uses permitted in C-1 Districts, except those which require a Use Permit under paragraph c.

2.

The following and similar retail, business, or service uses when conducted principally within enclosed structures:

(a)

Appliance stores,

(b)

Art supply shops,

(c)

Auditoriums,

(d)

Bakery shops,

(e)

Banks, savings and loan associations, including drive-in facilities,

(f)

Beauty colleges,

(g)

Blueprinting shops,

(h)

Bowling establishments,

(i)

Business colleges,

(j)

Uses permitted in the A-P District, and other office uses not associated with permitted retail sales use of the site, provided that for any frontage of a building adjoining a public street, public alley or public sidewalk, fifty (50%) percent in depth of the ground floor space nearest such frontage shall be reserved for retail sales and/or service uses permitted in the C-2 District,

(k)

Catering shops,

(l)

Dairy products stores,

(m)

Department stores,

(n)

Furniture stores, including new and used,

(o)

Hotels, motels,

(p)

Job printing shops,

(q)

Lodge halls and social clubs,

(r)

Mortuaries,

(s)

Music stores,

(t)

Newspaper publishing and printing establishments,

(u)

Paint stores,

(v)

Pawn shops,

(w)

Pet shops,

(x)

Photographic stores,

(y)

Plumbing supplies and fixtures, retail sales only,

(z)

Restaurants, snack bars, lunch counters, but excluding drive-ins,

(aa)

Shoe stores,

(bb)

Taverns,

(cc)

Theaters, including movie and legitimate, but excluding drive-in type,

(dd)

Travel agencies,

(ee)

Used household articles and clothing sales,

(ff)

Self-operated laundries,

(gg)

Public buildings.

(hh)

Bed and breakfast facilities, upon compliance with standards set forth in the definition for bed and breakfast in Section 30-2.

3.

Incidental storage and accessory uses, including repair operations and services, provided such uses shall be incidental to the retail sale of products on the premises, shall not employ more than five (5) persons excluding sales personnel, and shall be placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise or vibration.

4.

Signs: As provided by Section 30-6 of this article.

c.

Uses Requiring Use Permits . It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise and similar considerations.

1.

Automobile sales and services, used car lots, provided, however, that the restrictions of paragraph b.3. related to number of employees allowed, shall not apply to these uses.

2.

Drive-in restaurants and other drive-in establishments, but excluding drive-in movie theaters.

3.

Any dwelling use as regulated by subsection 30-4.8c.1 of this article.

4.

Veterinary clinics and/or veterinary hospitals. Such uses may be allowed only upon a finding by the Planning Board that sufficient air conditioning and soundproofing will be provided to effectively confine odors and noise so as not to interfere with the public health, safety and welfare. No outside pens or runs shall be permitted.

5.

Gasoline service stations, exclusive of body, chassis and painting work, provided that all operations except the service with gasoline, oil, air and water shall be conducted within a building. See also yard requirements for gasoline stations, paragraph g. of this subsection and driveway requirements subsection 30-5.7i.

6.

Uses permitted in the A-P District, and other office uses not associated with permitted retail sales use of the site, which are not otherwise permitted in paragraph b.2(j) above.

7.

The following and similar retail, business, or service uses:

(a)

Commercial parking lots and structures,

(b)

Health studios or massage parlors,

(c)

Convenience food stores,

(d)

Combination liquor and convenience stores,

(e)

Small upholstery shops, exclusive of refinishing and other furniture repair or manufacturing.

8.

Any permitted use listed in paragraph b. that does business between the hours of 10:00 p.m. and 7:00 a.m. and is adjacent to a residential zone or on a street abutting a residential zone.

9.

Ice dispensing stations (automatic).

10.

Taxi stands.

11.

Liquor stores.

12.

Commercial recreation.

13.

Any uses permitted in C-1 and C-2 districts which are not conducted within an enclosed structure.

14.

Car washing establishments.

15.

Commercial marinas subject to the following standards:

(a)

Sheet flow of storm runoff into the bay and estuary shall not be permitted. Drainage facilities shall be reviewed on a project by project basis.

(b)

Appropriate shoreline stabilization shall be required.

(c)

Any refueling facilities shall be equipped with appropriate containment trays to prevent petroleum products from spilling onto the ground or into the water. These trays shall be regularly cleaned.

(d)

Adequate facilities shall be provided to accommodate disposal of sewage and engine oil residues without per use cost. In addition, marinas shall sell to lessees, at cost, during all regular marina hours, absorbent materials designed to remove oil from bilge water, as well as provide, without cost, adequate disposal facilities for petroleum saturated absorbent materials. Signs shall be prominently posted at each dock access point indicating the availability of such absorbent materials and disposal facilities, the fine for illegally dumping petroleum products into the water, and the toll free number for reporting violations of clean water regulation.

(e)

Conditions for rental and lease agreements shall include provisions requiring the termination of such agreements if boat owners are cited for having, or are known by marina operators to have, deliberately discharged petroleum products, contaminated bilge water, trash or sanitary wastes into marina water. They shall also require boat owners to remove boats from the water before scraping or painting hulls in a manner which discharges toxic residues into the surrounding waters.

(f)

Marinas shall be engineered to avoid potential impacts related to seismic hazards.

(g)

New marina proposals shall be reviewed for noise generated by nearby uses.

(h)

Projects shall be reviewed for glare, and down-cutoff lighting shall be required.

(i)

Specific projects shall be reviewed for auto traffic impacts.

(j)

Commercial marinas shall generally conform to the guidelines of the State Department of Boating and Waterways.

(k)

All personnel involved in construction will be informed of the possibility of encountering archaeological or historical remains. If such remains are encountered, work in the vicinity will cease until a qualified archaeologist or historian can be consulted in conformance with 36 CFR 800 7 procedures as discussed in the Memorandum of Understanding dated October 1980, signed by FHWA, SHPO and the Department of the Interior.

(l)

Live aboards are permitted in commercial marinas occupying up to a maximum of ten (10%) percent of the total berths.

(m)

Houseboats are permitted only in existing houseboat marinas.

16.

Large format retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than thirty thousand (30,000) square feet (if part of a planned development, no use permit is required). Super stores, as defined in Section 30-2, are prohibited.

17.

Shared living, provided the facility is located above the ground floor.

d.

Minimum Height, Bulk and Space Requirements :

1.

Lot Area and Width: None.

2.

Building Height Limit: Eight (8) stories, but not to exceed one hundred (100′) feet.

3.

Building Coverage: Buildings may cover one hundred (100%) percent of the building site, provided the ratio of all floor space to lot size shall not exceed five (5) to one (1).

4.

Front Yard: None.

5.

Side Yard: No setback shall be required, however if a setback is provided, then it shall be a minimum of twelve (12′) feet. As to lots with side yards that abuts an R District, a minimum side yard of five (5′) feet shall be maintained.

6.

Rear Yard: None, however, where the rear portion of the lot is accessible from a street, alley or parking lot, or combination thereof, the rear yard shall be a minimum of twelve (12′) feet; provided, further, that any structure may project over such required rear yard if a fourteen (14′) foot clear vertical distance between the structure and ground level is maintained.

7.

Yards for Gasoline Service Stations. (In addition to the yard requirements prescribed for the zoning districts.)

(a)

A setback of ten (10′) feet shall be maintained from property lines that abut the rear yard of a lot located in a residential district or a lot in residential use.

(b)

A setback of fifteen (15′) feet shall be maintained from property lines that abut the side yard of a lot located in a residential district or in residential use.

8.

Off-Street Parking and Loading Space: As regulated by Section 30-7.

(Ord. No. 535 N.S. §§ 11-1333—11-1336; Ord. No. 1277 N.S.; Ord. No. 1373 N.S.; Ord. No. 1749 N.S.; Ord. No. 1771 N.S.; Ord. No. 1802 N.S.; Ord. No. 2064 N.S.; Ord. No. 2174 N.S.; Ord. No. 2201 N.S.; Ord. No. 2202 N.S.; Ord. No. 2267 N.S.; Ord. No. 2289 N.S.; Ord. No. 2294 N.S.; Ord. No. 2407 N.S.; Ord. No. 2416 N.S., § 5; Ord. No. 2428 N.S. §§ 10, 11; Ord. No. 2511, § 1; Ord. No. 2671 N.S. § 1; Ord. No. 2943 N.S. § 11; Ord. No. 2979 N.S. § 3; Ord. No. 2984 N.S. § 3)

(Ord. No. 3072 N.S., § 8, 5-7-2013; Ord. No. 3111 N.S., § 5, 10-7-2014; Ord. No. 3168, § 2, 11-15-2016; Ord. No. 3183 N.S., § 3, 7-5-2017)