§ 240-130.3. Permitted uses.

The following principal and accessory uses are permitted in the Centerville Village District subject to the use limitations outlined below. Other uses of an appropriate scale and function may also be considered subject to a regulatory agreement and are subject to the use limitations outlined below. Municipal uses are exempt from these regulations.

A. 

Use limitations. Permitted retail establishment, lodging establishment, restaurant, or take-out food franchise shall not include a business which is required by contractual or other arrangement to maintain one or more of the following items: standardized ("formula") array of services and/or merchandise, trademark, logo, service mark, symbol, decor, architecture, layout, uniform, or similar standardized features and which causes is it to be substantially identical to more than 14 other businesses regardless of ownership or location. Drive-up windows and/or drive-through facilities are prohibited.

B. 

Principal uses.

	*Ice cream specialty retail
	*Mixed-use development
	*Professional or business office
	Single-family residence
	*Small-scale food service
	*Small-scale retail
	*Bed-and-breakfast
	*Inn

*Subject to use limitations as described in § 240-130.3A.

C. 

Accessory uses.

(1) 

Automated banking facilities (ATM) within a principal building or a walk-up facility located in a rear or side yard that also meets landscaping and lighting guidelines of this section.

(2) 

Garages accessory to a single-family residence. Such structures shall be located in the rear or side yard. The footprint of the garage shall not exceed 40% of the footprint of the single-family residence and may consist of 1 1/2 stories with a pitched roof unless otherwise permitted for residential use.

(3) 

Apartment.

D. 

Exempt uses.

(1) 

Religious institutions, accessory day-care centers, and nonprofit educational uses are permitted as exempt uses within the CVD. These uses shall, however, be subject to and in conformance with the reasonable bulk, density, design and development regulations of the CVD as set forth in § 240-130.1A, Purposes and intent, § 240-130.6, Dimensional, bulk and other requirements, § 240-130.7, Design guidelines, and § 240-130.8, Site development standards.

(2) 

Where the exempt use does not comply with said regulations, the Zoning Board of Appeals shall, by modification permit, modify said regulations if compliance with the regulation substantially diminishes or detracts from the usefulness of a proposed development or impairs the character of the development so as to affect its intended use; provided, however, that the relief granted will not create a public safety hazard along adjacent roadways and will not create a nuisance to other surrounding properties.

(3) 

A modification permit shall be subject to the same procedural requirements as a special permit except that approval of a modification permit shall require a simple majority of the members of the Board.