18B.200.220 Uses.
A. All residential uses, civic uses, and commercial uses and their respective uses and their related accessory uses as defined in Chapter 18A.40 LMC are permitted within the Downtown District, except in the Low-Impact Mixed-Use Roads district. Permitted uses are subject to the approval of all required development permits; provided, that the following uses are prohibited:
1. Prohibited Agriculture.
a. Raising and keeping of animals for agricultural purposes.
2. Prohibited Commercial and Industrial Uses.
a. Accessory industrial.
b. Auto vehicle sales and rental.
e. Commercial recreation – outdoor.
g. Fuel dealer.
h. Furniture/furnishings, cabinet shop.
i. Furniture/furnishings, equipment store.
m. Metal product fabrication, machine and welding.
p. Outdoor storage.
q. Pawn brokers and secondhand dealers.
s. Recycling facility – processing facility.
t. Repair service – equipment, large appliances.
y. Swap meet.
z. Vehicle services, major repair/body work.
aa. Vehicle storage.
bb. Warehouse.
cc. Warehouse retail.
3. Prohibited Eating and Drinking Establishments.
a. None.
4. Prohibited Government Services.
a. Maintenance shops and vehicle and equipment parking and storage areas for general government services.
5. Prohibited Health and Social Services.
a. Medical service hospital.
6. Prohibited Lodging.
a. None.
7. Prohibited Open Space.
a. Not applicable.
8. Prohibited Residential Uses.
a. Boarding house.
c. Two-family residential, attached or detached dwelling units.
d. Three-family residential, attached or detached dwelling units.
e. Stand-alone residential uses within the Colonial Overlay (C-O) or Town Center Incentive Overlay (TCI-O) districts. Mixed-use development in the C-O and TCI-O incorporating multifamily residential uses is allowed.
f. Mobile home park.
g. Mobile and/or manufactured homes in mobile home parks.
9. Special Needs Housing.
10. AICUZ.
a. Not applicable.
11. Transportation.
a. None.
12. Utilities.
a. None.
B. The following uses are allowed provided the conditions listed herein are met:
1. Drive-through facilities; provided:
a. Drive-through facilities are limited to one drive-through lane per establishment;
b. Drive-through facilities must have a primary customer entrance and cannot provide customer service exclusively from a drive-through or walk-up window;
c. Drive-through facilities shall be designed so that vehicles, while waiting in line to be served, will not block vehicle or pedestrian traffic in the right-of-way;
d. Drive-through facilities shall be appropriately and attractively screened from the public right-of-way:
i. Drive-through facilities shall not parallel the Green Street Loop;
ii. Drive-through lanes shall only be placed parallel to a road if separated by a distance of 30 feet, or if fully screened by a 15-foot landscape setback with a designed landscape berm (six feet high at center of berm in 15-foot landscape setback) or three-and-one-half-foot decorative masonry wall;
iii. Drive-through lanes oriented perpendicular to a public right-of-way shall include landscape screening to shield headlights from shining directly into an abutting or adjacent street right-of-way.
C. Conditionally Permitted Uses.
1. Pipelines.
2. Manufacturing, assembling and packaging, light allowed in the downtown district, except not allowed on retail streets, festival streets, or low-impact mixed-use streets. Where permitted, such uses shall be as part of mixed-use development with commercial, retail, or residential uses.
D. Low-Impact Mixed-Use Roads District. Permitted uses include professional office uses, personal services, private training schools, community and cultural services, single-family residential uses, multiple-family residential uses, and community and cultural services in areas not suitable for general commercial development or adjacent to residential development. The Director may permit other uses consistent with the uses allowed in the NC2 zoning district where the footprint of development and customer visits are compatible with adjacent single-family residential development within or outside the Downtown District. [Ord. 726 § 2(Exh. A), 2019; Ord. 695 § 2 (Exh. B), 2018.]