Section 10. Transitional Business District (B-3)

A. Purpose

The Transitional Business District is meant to accommodate limited business uses in areas that are located along main traffic arteries but are residential in character. The explicit purpose of this district includes the prevention of strip highway development and the preservation of the character and appearance of established residential neighborhoods.

B. Permitted Uses

The following uses are permitted in the Transitional Business District, however, if the listed use is followed by a raised 1 and circumstances stated in Article VIII, Section 10, (C) apply, a special exception is required:

The following resource protection uses:

(1) Uses listed in Section 1 of this Article, Natural Resource Protection District, paragraph B

The following residential uses:

(2) Single family dwellings
(3) Two-family dwellings
(4) Multifamily dwellings served by public sewer
(5) Open space residential developments that meet the standards of Article IX
(6) Community living uses
(7) Elderly congregate housing served by public sewer
(8) Nursing and convalescent homes
(9) Rooming houses
(10) Accessory apartments

The following municipal and institutional uses:

(11) Churches
(12) Community buildings 1
(13) Hospitals
(14) Municipal uses 1
(15) Nursery schools and day care centers 1
(16) Private schools 1
(17) Public schools 1
(18) Quasi-public facilities 1

The following commercial uses:

(19) Auto repair garages 1
(20) Commercial schools 1
(21) Financial services, excluding drive-through windows 1
(22) Funeral homes 1
(23) Hair salons 1
(24) Hotels and motels 1
(25) Inns 1
(26) Publishing of newspapers, magazines, and books, excluding printing plants 1
(27) Sit-down restaurants 1
(28) Storage within barns or similar accessory structures existing as of the date of adoption of this Ordinance
(29) Low impact uses, as defined in this Ordinance and not otherwise allowed in this district and that meet the terms of Article VII, Section 4(9) 1
(30) Any expansion of a retail business in existence as of June 9, 1992, within the boundaries of the lot in which such business is located as of June 9, 1992.

The following professional services:

(31) Professional offices 1
(32) Health service facilities 1

The following industrial uses:

(33) Research and development 1
(34) Tradesmen's shops 1

The following utility uses:

(35) Commercial parking facilities, provided there is no demolition of buildings existing as of December 1, 1992.
(36) Essential services
(37) Public utilities
(38) Road construction

The following accessory activities:

(39) Accessory uses
(40) Home occupations
(41) Homestay

The following additional Commercial Uses are permitted only on Lots which were in existence and had no structures as of June 8, 1993 and were also in the B-3 District prior to June 8, 1993:

(42) Retail Sales, if either of the following criteria, a or b, is met:
a. The cumulative floor space devoted to retail sales on the lot is limited to 50% of the total floor space of the structures on the lot, or
b. The maximum building coverage on the lot is 20% or less.

(43) Rental of goods and equipment, provided there is no outdoor storage or display of such goods or equipment. Floor space devoted to rentals shall not be considered as being devoted to retail sales on the lot as set forth in Article VIII, Section 10.B(41), above, in determining the cumulative floor space devoted to retail sales on the lot.
(44) Technical services
(45) Personal services

A 1 following a listed use in the B-3 District means the use must be located wholly within structures existing as of November 4, 1992 or wholly within structures constructed or to be constructed upon lots which were in existence and had no structures as of June 8, 1993 or permitted as a special exception under the circumstances set forth in C.

C. Uses Permitted as Special Exceptions

The permitted uses listed for the Transitional Business District (B-3) which are designated by a raised 1 following the listed use shall be allowed upon approval as special exceptions in accordance with the appropriate provisions of this Ordinance in the circumstances set forth below:

(1) The expansion, substantial alteration, or replacement for such a permitted use of an existing principal structure, provided that the Zoning Board of Appeals finds, as part of its review, that such expansion, alteration, or replacement of the structure will retain the appearance of and reflect the existing residential character of the district.
(2) The construction, on a lot that is occupied as of the date of adoption of this Ordinance, of a new structure in addition to the existing structure or structures for such a permitted use in this District.


D. Prohibited Uses

Uses not allowed as permitted uses or special exceptions are prohibited within this district.

E. Standards

(1) The general standards of performance of Article X, Parts I and II, shall be observed.
(2) The following space and bulk standards shall apply:


  Sewer No Sewer
MINIMUM LOT AREA    
Residential 10,000 sq. ft. 40,000 sq. ft.
Nonresidential 20,000 sq. ft. 20,000 sq. ft.
MINIMUM LOT AREA PER DWELLING UNIT    
Single Family 10,000 sq. ft. 40,000 sq. ft.
Accessory Apartments No increase in lot area required No increase in lot area required
Two-Family Dwellings 7,500 sq. ft. 40,000 sq. ft.
Multi-family Dwellings 7,500 sq. ft. Not permitted
Elderly Congregate Housing 3,000 sq. ft. Not permitted
MINIMUM STREET FRONTAGE    
Residential 75 feet 100 feet
NonResidential 100 feet 100 feet
MINIMUM SETBACKS    
Residential    
Front 15 ft., except where the following lots with existing buildings have established auniform setback relationship (See Definitions) to the street, any new building shall beset back from the edge of the right-of-way of the street no more than a maximumdistance which is 5 feet greater than the average setback for those two adjacent lots on each side of the subject lot, and no less than a minimum distancewhich is 5 feet less than the average setback for those twoadjacent lots on each side of the subject lot; provided however thatsuch a building on the subject lot shall be no closer to the right-of-way of the street than the building closest to the edge of that right-of-way on those four adjacent lots. Where a uniform setback relationship exists, accessory structures or additions to existing structures shall be set no less than two feet further back than the actual setback of the principal building unless that actual setback is greater than the maximum setback. 25 feet
Side 10 ft., provided the sum of both side yards is at least 25 ft. 15 feet
Back 15 feet 15 feet
Normal High Water Mark See Article X, Part I, Section 1(9)(j) See Article X, Part I, Section 1(9)(j)
Nonresidential    
Front Same as residential Same as residential
Side 15 feet 15 feet
Back 15 feet 15 feet
Normal High Water Mark See Article X, Part I, Section 1(9)(j) See Article X, Part I, Section 1(9)(j)
Side and Back yard for nonresidential use abutting a residential use 25 feet 25 feet
MAXIMUM BUILDING COVERAGE    
Residential 25% 20%
Nonresidential 30% 30%
MAXIMUM GROUND COVERAGE    
Residential None, provided that the area between the front property line and the wall of the building or structure closest to the street and running the full width of the wall, except thedriveway, shall not be used for parking and shall be maintained as a yard area. None, provided that the area between the front property line and the wall of the building or structure closest to the street and running the full width of the wall, except thedriveway, shall not be used for parking and shall be maintained as a yard area.
Nonresidential None, provided that the area between the front property line and the wall of the building or structure closest to the street and running the full width of the wall, except thedriveway, shall not be used for parking and shall be maintained as a yard area. None, provided that the area between the front property line and the wall of the building or structure closest to the street and running the full width of the wall, except thedriveway, shall not be used for parking and shall be maintained as a yard area.
Shoreland Area 20% 20%
MAXIMUM BUILDING OR STRUCTURE HEIGHT    
Residential 30 feet 30 feet
Nonresidential 30 feet 30 feet
MIMIMUM DISTANCE BETWEEN PRINCIPAL BUILDINGS ON SAME LOT 30 feet 30 feet




(3) Screening
Multifamily and nonresidential uses abutting a residential use or district shall provide screening in accordance with the standards in Article X, Part II, Section 3, of this Ordinance.

(4) Shoreland Area
Properties within shoreland areas shall comply with the additional standards set forth in Article X, Part I, Section 1, of this Ordinance.

(5) Historic Areas
Properties within historic areas shall comply with the additional standards set forth in Article X, Part I, Section 3 of this Ordinance.

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