(a) P-1 Use limitations. When this use is located in the P-1 district, the lot area must be more than two acres and all principal structures and uses must be more than 50 feet from any lot line.
(b) Standards in Village Center. When this use is located in the Village Center Overlay district, the following standards apply:
(a) A business with on-site customers means an enterprise, company, firm or organization engaged in the sale of new products and/or rendering services directly to the public and/or customers at the location of the business within the Village Center. A business with on-site customers shall have regular and consistent hours of operation open to the public in relation to other Village Center businesses, with the objective of attracting customers within the hours of 9:00 A.M. to Midnight, which provides the Village Center with consistent street level pedestrian and traffic activity. Common terms for a business under this category may include retail or commercial establishment, a business office, general service, health care, and accommodation, food service or drinking establishments. Third-place businesses are encouraged that provide an alternate to community citizens beyond home and employment to congregate, meet and enjoy the presence of friends and other members of the community. Examples of third-place businesses include a restaurant with a bar, a craft store that holds classes teaching knitting or scrap booking, or a hobby store that holds classes teaching model railroading.
(b) A business without on-site customers means an enterprise, company, firm or organization engaged in the sale of new products and/or rendering services to the public off-site away from the location of the business within the Village Center, and may have customers at the location of the business within the Village Center. A business without on-site customers shall have regular and consistent hours of operation at the location of the business in relation to other Village Center businesses without on-site customers. Common terms for a business under this category may include a business office, office research, general service, health care and social assistance. Nonetheless, businesses without customer traffic may be allowed by approval of the Plan Commission if the business adds significance to the Village Center; such as the business is an employment generator, the aesthetic appeal of the business or the building in which the business is located, or the existing floor plan of the building or tenant space is designed for an office environment.
(c) A ground floor or 1st floor use facing street means a use with an exterior building wall side facing or along a public right-of-way, which is partially or fully below street level or is at street level.
(d) A ground floor or 1st floor use not facing a street means a use without any exterior building wall side facing or along a public right-of-way. If a use only has an entrance facing or along a public right-of-way, with the entrance leading to the use via a corridor or stairwell, the use is considered a ground floor or 1st floor use not facing a street.
(e) An upper floor use means any use located within a building above the 1st floor with accessibility via a stairwell or elevator.
(f) Wholesaling or jobbing shall be permitted only where retailing is the primary use of the premises. The manufacture, assembly, processing or packaging of goods shall be permitted only when accessory to a permitted use or conditional use. All goods produced on the premises shall be sold at retail on the premises.
(g) All business, servicing, storage and display of goods shall be conducted within completely enclosed buildings. The following activities and uses are exempt from this requirement.
(1) Accessory off-street parking and loading.
(2) Outdoor seating provided by a restaurant, or any other eating or drinking establishment. Any outdoor seating requires a conditional use.
(3) Any unified special community event that encourages outside display of goods, not to exceed three consecutive days.
(h) Uses that meet the criteria for permitted uses within this Section 100-518(d) shall be approved by the Zoning Administrator. The Plan Commission shall have the final authority if there is any question if a use meets the criteria for a permitted use.
(i) Any use forwarded to the Plan Commission for final determination may be remanded by the Plan Commission for conditional use consideration if deemed the proposed use requires addition review via a public hearing before final consideration.