17.12.110 - Purpose.

The village commercial district is a pedestrian and transit oriented mixed use district primarily designed as a location for neighborhood, community wide and tourist retail, office, restaurant, entertainment and service uses including transient accommodations. Long term occupancy residential uses, both owner occupied and rental, are permitted on the second story. The district will provide opportunities for transit routes and stops and to provide shared parking opportunities. Physically the district will retain the pedestrian oriented scale and intensity of use of the rest of the village core area. Because of its nature the village commercial district zone may only be located in the village center.

1.

Goals of the district are:

(A)

Promote private development and uses, which complement public streetscape, infrastructure and governmental improvements and uses;

(B)

Foster civic pride in the area and thereby stabilize and improve property values and stimulate business investment;

(C)

Encourage new uses and services consistent with the downtown, pedestrian oriented, character of the area to achieve a viable and sustainable commercial district;

(D)

Prohibit new uses that are incompatible with the function and purpose of the district and encourage the relocation to other locations in the community, of existing nonconforming uses;

(E)

Encourage efficient land use and investment in the rehabilitation, expansion and use of existing structures and in-fill sites through increased zoning densities and parking allowances and flexibility;

(F)

Encourage the concept of "mixed" commercial, residential and civic uses in order to, provide affordable housing opportunities, provide a diverse market for retail goods and services, promote alternative modes of transportation, maximize the use of public infrastructure investments and foster a greater sense of "neighborhood" within the district;

(G)

Encourage a sense of "ownership" of the village core within all members of the community as the social and cultural heart of the village by providing opportunities for cultural and celebratory events and development of public spaces and buildings;

(H)

Promote a physical environment through architectural, streetscape and open space improvements that are evocative of the historic and natural character of the community;

(I)

Provide shared parking opportunities;

(J)

Promote tourist oriented market opportunities including water-related activities.

(Ord. 63-07 Exh. A (part), 2007).

17.12.120 - Permitted uses.

The following uses, subject to applicable licensing and development regulations, shall be allowed outright within the "VC" district:

(1)

Alcoholic beverage sales: package stores and wine shops;

(2)

Antique shops;

(3)

Appliance and communication equipment repair shop and/or sales;

(4)

Art galleries and artist studios;

(5)

Art and craft supplies, retail;

(6)

Vehicle parts store;

(7)

Bakery, with on-site sales;

(8)

Bicycle shops;

(9)

Book stores;

(10)

Banks and financial institutions;

(11)

Barbers and beauty shops;

(12)

Camera shop;

(13)

Catering;

(14)

Clothing sales and rentals and shoe stores;

(15)

Delicatessen;

(16)

Dry cleaners and laundries not including laundromats;

(17)

Fabric and yarn goods;

(18)

Florists;

(19)

Food Stores, retail including groceries, bakers, butchers, health, candy;

(20)

Furniture stores;

(21)

Grocery stores;

(22)

Hotels/motels;

(23)

Household fixtures including plumbing, lighting, heating/cooling;

(24)

Hardware stores;

(25)

Hobby shops;

(26)

Jewelry store;

(27)

Locksmith;

(28)

Medical offices, clinics, equipment and services (i.e., labs);

(29)

Music stores, recordings and instruments;

(30)

Offices;

(31)

Paint and glass shops;

(32)

Pharmacy, dispensing;

(33)

Photographic studio;

(34)

Printing, publishing and reproduction;

(35)

Radio and Television broadcasting station;

(36)

Restaurants, cafes and food stands: sit down and walk up;

(37)

Retail shops not otherwise named similar in size, character and impacts;

(38)

Second hand stores and pawn shops;

(39)

Sports related service businesses such as kayak rentals, boat tours, scuba instruction;

(40)

Sporting goods store including equipment rental and repair;

(41)

Stationary and office supply stores;

(42)

Toy stores;

(43)

Theater, live stage;

(44)

Theater, motion picture, one screen and no more than two hundred fifty seats;

(45)

Tourism related retail and service businesses such as travel, tour and event agencies;

(46)

Second floor residential apartment ancillary to first floor commercial use;

(47)

Transit stops;

(48)

Dance and music studios.

(Ord. 63-07 Exh. A (part), 2007).

17.12.130 - Accessory uses.

The following uses shall be permitted as ancillary to permitted uses or uses obtaining a special use permit in the district and shall not be established independent of the primary use:

(1)

Alcoholic beverage sales: on-site, in association with full menu food uses;

(2)

Merchandise repair excluding vehicles;

(3)

Micro brewery;

(4)

Hotel lounge;

(5)

Parking of one delivery vehicle;

(6)

Dance floors;

(7)

Music and electronic game machines up to a total of four;

(8)

Live entertainment except between the hours of one-thirty a.m. and seven a.m.;

(9)

Public sidewalk food and merchandise vendors including Espresso carts and newsstands with written consent of all adjacent landowners.

(Ord. 63-07 Exh. A (part), 2007).

17.12.140 - Use permitted subject to obtaining a special use permit.

The following uses, subject to applicable licensing and development regulations, shall be allowed within the "village commercial" district only with approval of a special use permit except that a special use permit shall not be required where any of the listed uses are included in an approved Planned Development. Consideration shall be given to the purpose and development standards of the district including any adopted design guidelines. The design of the site, structure, and building facade shall be included in the special use permit review which shall consider the widths and heights typically found in the neighboring commercial development to determine the compatibility of the proposal with the existing development. That compatibility might be accomplished through indenting portions of the structure to separate portions of the facade, using a variety of architectural styles and building materials, orienting the building so that larger areas of facade are not visible from public ways or parking areas, or by similar techniques.

(1)

Antique malts over ten thousand sq. ft.

(2)

Bars and taverns other than those associated with full menu food service.

(3)

Churches.

(4)

Veterinary clinics.

(5)

Commercial parking lots not associated with an on-site use.

(6)

Day care center.

(7)

Drive-through sales, service, pick-up or delivery.

(8)

Gasoline retail sales.

(9)

Gyms, fitness and aerobic studios.

(10)

Laundromats.

(11)

Private transportation depot.

(12)

Schools.

(13)

Private recreation facilities including game arcades, batting cages, shooting galleries and skating rinks.

(14)

Outdoor storage of merchandise.

(15)

Motorized vehicle repair.

(Ord. 63-07 Exh. A (part), 2007).

17.12.150 - Bulk and dimension standards.

(Ord. 63-07 Exh. A (part), 2007).

17.12.160 - Additional development and design criteria.

Development criteria are established to ensure compatibility of uses permitted within the district, to encourage good building and landscaping design, and to ensure the protection of the public health, safety and general welfare. In addition to development regulations found elsewhere in this title the following standards shall apply to development projects within the "VC" district. Additional standards for setbacks are in Section 17.10.460.

(1)

General criteria.

(A)

Parking. Required parking for the "VC" district shall be as stipulated in Chapter 17.14 "Off-Street Parking" of this title.

(B)

Signs. Private signage shall be allowed as stipulated in Chapter 17.15, "Signs" of this title.

(C)

Trash. Exterior trash containers shall be located within enclosures matching design criteria on file with the building and public works department except where placed outside at a designated location for collection the same day as the collection is scheduled.

(D)

Storage. All exterior storage shall be screened from view behind solid walls or fences no greater than eight feet in height.

(E)

Fencing. Fencing shall be decorative and compatible in design and integrated with architecture of the associated use. Fences, except for storage areas, shall be no more than six feet in height and shall not obstruct line of sight clearance or safety exiting.

(F)

The address of all buildings and individual units shall be displayed on the exterior of the building, including on alley frontages, in a manner that allows for easy identification by the public and emergency response personnel.

(G)

Entries. Each building and commercial units within buildings, shall have at least one primary entry on any street frontage unless units with a building share a common entry from which the unit may be accessed during all business hours. Entries shall be clearly defined, oriented to pedestrian travel ways and away from vehicle driveways. Entries shall be provided with weather protection.

(H)

Structures shall be located proximate to the street to promote store front display, pedestrian activity and a harmonious streetscape while leaving opportunities to create space between building tells and the public sidewalk for exterior uses, sign displays, exterior seating, landscaping, architectural interest such as cantilevered second stories, canopies and esplanades and to provide locations for public art and information.

(I)

All electrical, mechanical and plumbing equipment, including roof equipment, and appurtenances shall be screened from view or otherwise architecturally treated except those required for safety purposes.

(J)

Architecture and Aesthetics. (Reserved).

(2)

Commercial.

(A)

All street doors shall be for pedestrian access only.

(B)

Loading Areas. Loading or pick-up of merchandise or materials shall be restricted to alleyways or designated on-site loading areas.

(C)

Outdoor Display of Sales of Merchandise. The outdoor sale or display of merchandise, whether on-site or on public property or right-of-way, shall only be allowed as permitted under guidelines approved by the county board of commissioners.

(D)

Canopies, signs, balconies and other architectural projections may encroach into the public right-of-way with approval of an encroachment permit by the public works director and when an overhead clearance of a minimum of eight feet is maintained.

(E)

Ground floor frontages shall be provided with large framed display windows above a height of three feet so that at least fifty percent of the frontage wall is transparent between a height of three feet and below eight feet.

(3)

Residential.

(A)

Non-transient residential uses shall be located above the ground floor.

(B)

Required residential parking shall be provided on site.

(Ord. 63-07 Exh. A (part), 2007).

17.12.170 - Signs.

See Chapter 17.15.

(Ord. 63-07 Exh. A (part), 2007).

17.12.180 - Off-street parking.

See Chapter 17.14.

(Ord. 63-07 Exh. A (part), 2007).