(A) Statement of purpose. The C-3 highway business district is intended to be that district which permits extensive business uses along heavily traveled highways. The permitted uses would require large parcels of property and would serve the general needs of all local residents. The purpose of this zone is to provide a development pattern along designated major thoroughfares which will not create unsafe conditions by allowing numerous curb cuts along the highway. Business conditions exist along the highway, but property depths and large acreage suggest a type of business use which required deep, large lots. Access onto the major highway should be limited to permit more extensive use of the property without substantially contributing to traffic hazards along the highway. The highway business district is not intended to provide for planned shopping centers.
(B) Principal permitted uses. In the C-3 district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following:
(1) All principal permitted uses in the C-2 district;
(2) Hotels and motels;
(3) Assembly halls or other places of assembly;
(4) New and/or used car sales rooms;
(5) Salesrooms for recreation vehicles, including boats, snowmobiles, travel trailers, campers, tents, and accessory equipment;
(6) Accessory buildings and uses customarily incidental to the above principal permitted uses; and
(C) Permitted uses after special approval. The following uses may be permitted subject to the conditions hereinafter imposed and subject to the review and approval of the City Planning Commission pursuant to § 157.177 of this code:
(1) All permitted uses after special approval in the C-2 district subject to the terms and conditions imposed therein;
(2) Automobile car wash establishments including steam-cleaning, but not rustproofing, provided off-street waiting space is provided in accordance with § 157.111;
(3) Open air business uses as follows, in conformance with § 157.086:
(a) Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment;
(b) Retail sale of fruits and vegetables;
(c) Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park, or similar recreation uses;
(d) Bicycle, trailer, motor vehicle, boat, or home equipment rental services;
(e) Outdoor display and sale of garages, swimming pools, and similar uses; and
(f) Outdoor sales space for sale of new and/or used automobile or of new and/or used house trailers or boats; provided that all automobiles offered for sale are in good working condition.
(4) Adult book stores, adult motion picture theaters, adult mini motion picture theaters;
(5) Physical culture establishments including gymnasiums, reducing salons, masseurs, and steam baths; and
(6) Hotels, motels, or public lodging houses employing facilities for the presentation of material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
(D) Required conditions. Required conditions shall be in conformance with § 157.042(D).
(E) Site plan review. For all uses permitted in the C-3 district, including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092.
(F) Area, height, and placement requirements. Area, height, and placement requirements unless otherwise specified are as provided in Appendix A, Schedule of Regulations.
(G) Additional restrictions. Special approval for the uses permitted under subsections (C)(4), (C)(5), and (C)(6) shall not be granted by the City Planning Commission if the proposed structure is located within 2,000 feet of any building containing a residential dwelling or rooming unit. This prohibition may be waived if the person applying for the waiver shall file with the Zoning Board of Appeals a petition which indicates approval of the proposed use by 51% percent of the persons owning, residing, or doing business within a 2,000 foot radius of the location. The petitioner shall attempt to contact all eligible locations within this radius and must maintain a list of all addresses at which no contact was made. A minimum of 200 responses is required. In the event that the 2,000 foot radius is not sufficiently populated to provide 200 residences or business places eligible to respond, the radius will be increased in increments of 100 feet until there shall be an area large enough to contain 200 eligible residence or business places. The City Planning Commission shall adopt rules and regulations governing the procedure for securing the petition of consent provided for in this section.