The following uses may be permitted in a General Business District upon the granting of a permit for such use by the Planning Commission subject to the conditions imposed in this section for each use and subject further to such other conditions which in the opinion of the Planning Commission are necessary to provide adequate protection to the neighborhood and to abutting properties and subject further to a public hearing in accord with § 82-34(C).
(1) Outdoor sales space for exclusive sale of new or secondhand automobiles, house trailers, or rental trailers and/or automobiles, all subject to the following.
(a) The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area.
(b) Access to the outdoor sales area shall be at least 60 feet from the intersection of any 2 streets.
(c) No major repair or major refinishing shall be done on the lot.
(d) All lighting shall be shielded from adjacent residential districts.
(2) Hotel and motel, subject to the following conditions.
(a) Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.
(b) Each unit shall contain not less than 250 square feet of floor area.
(c) No guest shall establish permanent residence at a motel for more than 30 days within any calendar year.
(3) Business in the character of a drive-in or open front store, subject to the following conditions.
(a) A setback of at least 60 feet from the right-of-way line of any existing or proposed street must be maintained.
(b) Access points shall be located at least 60 feet from the intersection of any 2 streets.
(c) All lighting shall be shielded from adjacent residential districts.
(d) A 6-foot-high, completely obscuring wall shall be provided when abutting or adjacent districts are zoned for R, OS-1, B-1, B-2, B-3 or FS Districts. The height of the wall shall be measured from the surface of the ground. Such wall shall further meet the requirements of §§ 82-451 et seq., general provisions.
(4) Veterinary hospitals or clinics, provided all activities are conducted within a totally enclosed main building, and provided further that all buildings are set back at least 200 feet from abutting residential districts on the same side of the street.
(5) Plant materials nursery for the retail sale of plant materials not grown on the site, and sales of lawn furniture, playground equipment and garden supplies, subject to the following conditions.
(a) The storage and/or display of any materials and/or products shall meet all setback requirements of a structure.
(b) All loading and parking shall be provided off-street.
(c) The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained so as to prevent any effects on adjacent uses.
(6) Automobile car wash subject to the following.
(a) All buildings shall have a front yard setback of not less than 50 feet.
(b) All washing facilities shall be within a completely enclosed building.
(c) Vacuuming and drying areas may be located outside the building, but shall not be in the required front yard, and shall not be closer than 25 feet from any residential district.
(e) Ingress and egress points shall be located at least 60 feet from the intersection of any 2 streets.
(f) All off-street parking and waiting areas shall be paved with Portland cement or asphaltic concrete.
(g) All lighting shall be shielded and directed away from adjacent residential districts.
(h) A completely obscuring wall, 4 feet, 6 inches in height, shall be provided where abutting to a residential district.
(7) Amusement arcades which provide space for patrons to engage in playing of mechanical amusement devices or similar activities, subject to the following.
(a) Locations for any such establishment shall be confined to major business streets and shall have the entrance to both the business and parking area for such establishment on the business street. Access from a side or residential street shall be prohibited.
(b) Locations for any such facility shall be no closer than 500 feet to the property line of any elementary, intermediate or high school.
(c) No such business shall be located within 500 feet of the property line of a similar business.
(d) No such business building shall be located within 500 feet of any front, rear or side yard line of any residential lot in a residential district.
(8) Minor automotive repair businesses, such as muffler shops, shock absorber replacement shops, tire stores, undercoating shops and minor engine repair shops, subject to the following conditions.
(a) Access to such use shall be directly to a major or collector street or shall be to a minor street which has direct access to an abutting major or collector street.
(b) Access to and from such use shall not be cause for traffic to utilize residential streets.
(c) Outdoor storage of parts or materials shall be prohibited unless such storage is within a fenced and obscured area which meets all setback requirements.
(d) Vehicles shall not be allowed to be stored outside the building for more than 24 hours.
(e) Areas for off-street parking required for customer use shall not be utilized for the storage of vehicles awaiting repair.
(f) All vehicle servicing or repair, except minor repairs such as, but not limited to, tire changing and headlight changing, shall be conducted within a building.
(g) Suitable containers shall be provided and utilized for the disposal of used parts and such containers shall be screened from public view.
(h) A 6-foot-high obscuring wall shall be provided and maintained on those property lines adjacent to or abutting a residential district.
(9) Small engine repair and equipment repair such as lawn mower repair and servicing, subject to the following conditions.
(a) Access to such use shall be directly to a major or collector street or shall be to a minor street which has direct access to an abutting major or collector street.
(b) Access to and from such use shall not be cause for traffic to utilize residential streets.
(c) Outdoor storage of parts or materials shall be prohibited unless such storage is within an obscured area which meets all setback requirements.
(d) Areas for off-street parking required for customer use shall not be utilized for the storage of equipment awaiting repair.
(e) All vehicle servicing or repair shall be conducted within a building.
(f) Suitable containers shall be provided and utilized for the disposal of used parts and such containers shall be screened from public view.
(10) An adult entertainment business may be permitted in the B-3 (General Business) Zoning District as a conditional use under the following procedures and conditions.
(a) No adult entertainment business shall be permitted within a 400-foot radius of any residential zone. Measurement of the 400-foot radius shall be made from the outermost boundary of the lot or parcel upon which the proposed adult use will be situated to the outermost residential district boundary.
(b) No adult entertainment business shall be permitted within a 400-foot radius of a school, library, park, playground, or church. Measurement of the 400-foot radius shall be made from the outermost boundary of the lot or parcel upon which the proposed adult use will be situated to the school, library, park, playground, or church.
(c) The site shall include a diagram that shows all land use zoning districts and any school, library, park, playground, or church located within 500 feet of the proposed adult use. The diagram shall be drawn to a scale of not greater than 1 inch equals 20 feet.
(d) No adult entertainment business shall be located within a 400-foot radius of any other adult entertainment business.
(e) Off-street parking shall be provided in accordance with § 82-455 and screened on all sides. The screening of the off-street parking areas shall be a solid fence, wall or evergreen planting that is at least 6 feet high.
(f) If employees or patrons of an adult entertainment business violate any of the provisions of Article II of Chapter 15 of the City Code, the conditional use permit may be suspended or revoked. No criminal charge need be brought for suspension or revocation of the conditional use permit to occur. The acts described in this subsection may be shown to have occurred by a preponderance of the evidence.
(11) Stand-alone drive-up automated teller machine kiosks, subject to the following conditions:
(a) A nonsealed site plan shall be submitted for Planning Commission approval;
(c) When the kiosk is to be located within 150 feet of a residential district, an obscuring wall or similar structure 6 feet in height shall be provided to protect residences from noise and glare;
(d) Drives shall be constructed or marked so as to provide a by-pass lane and a minimum of 3 stacking spaces. Stacking spaces may not be located within any required yard;
(e) Access points shall be located at least 60 feet from the intersection of any 2 streets;
(f) Signage shall be limited to that installed on the kiosk and directional sings not exceeding 3 square feet in display area or 5 feet in height.
(1993 Code, § 82-269) (Ord. passed 10-12-1992; Ord. passed 5-11-1998; Ord. passed 12-8-2008; Ord. 2012-03, passed 10-8-2012)