Land Development Ordinance - Amended 4-7-2025

(21) RESTAURANT/FOOD SERVICE. A commercial establishment where food and beverages are prepared, served and consumed primarily within the principal building and where food sales constitute a minimum of 51% of quarterly gross receipts by the sale of food, and characterized by one (1) or more of the following:

A. Customers are provided with an individual menu and are served their food and beverages by a restaurant employee at the same table or counter where the items are ordered and consumed; or

B. A cafeteria type operation where food is selected by the customer going through a serving line and taken to a table for consumption; or

C. A place where food, beverage, or desserts are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises; or D. Where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or are able to be taken to a table or counter to be consumed; or

E. The primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal, and may sell other food, beverages, or merchandise incidental to the sale of the specialty food or beverage.

F. The use may include the on-premises sales, service and consumption of alcoholic beverages as an accessory and secondary use, provided that an establishment's sale of alcoholic beverages for on-premises consumption shall not exceed 49% of the establishments quarterly gross receipts of alcoholic beverages. (22) RETAIL, ACCESSORY BUILDINGS FOR SALE. The use of land for the display, sale, or storage of buildings or structures offered for sale as an accessory building or use, constructed of wood or metal, and transported by trailer or flatbed truck to the property of the buyer of an accessory building as a subordinate accessory structure to the principal structure on a property. (23) RETAIL, BUILDING SUPPLY. A n establishment primarily engaged in the retail sale of building supplies and home improvement products including, but not limited to swimming pools, spas, greenhouses, outdoor play sets, lawn and garden supplies and appliances. This term includes hardware stores not exceeding 10,000 square feet of gross floor area.

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