§ A38-3 CONDITIONAL USES.
   (A)   Zone 1. No structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit:
      (1)   Funeral homes and mortuaries (no on-site crematory).
      (2)   Animal hospital or clinic when contained within a building (no outdoor pet relief area).
      (3)   Drive-thru window service for bank or similar financial institution (limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, no Sunday hours). No 24-hour drive-up ATMs permitted, subject to the following condition:
         (a)   No more than one drive-through window with related exterior drive-through facilities is permitted for each building on a lot of record.
      (4)   License daycare facility.
      (5)   Health or fitness facility, day spa or yoga studio provided all activities are conducted inside the building. No outdoor cross-training or similar outdoor classes or training allowed on the premises.
      (6)   Drive-thru window services in conjunction with a Class III Restaurant, subject to the following conditions:
         (a)   No more than one drive-through window with related exterior drive-through facilities is permitted for each building on a lot of record.
         (b)   Noise, headlights, traffic volume and emissions from idling vehicles resulting from the operation of the window shall not negatively impact surrounding residential and institutional uses and shall be mitigated as required by the city.
         (c)   The drive-thru lane shall not impede or conflict with vehicular, bicycle or pedestrian traffic circulation on the site as determined by the City Traffic Engineer.
         (d)   When a Class III restaurant is located less than 1,000 feet from a residential or institutional use, the City Council may restrict the hours of operation of a drive-thru window from 7:00 a.m. to 10:00 p.m. to mitigate any adverse impacts caused by noise, headlights, traffic volume and emissions from idling vehicles.
         (e)   If the installation of the drive-through facilities results in the loss of parking spaces, then the remaining parking spaces available for the entire site shall meet the parking requirements set forth in this chapter.
(Ord. 1087, passed 6-10-21)