(a) General Criteria. A conditional use, and uses accessory to such conditional use, shall be permitted in the MMUD only when specified as a conditional use in such District, and only if such use conforms to the following general criteria, and the specific conditions, standards and regulations set forth in this section. The City Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that the use, as proposed, satisfies the following criteria:
(1) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area;
(2) Will not restrict or adversely affect the existing use of the adjacent property owners;
(3) Will be properly landscaped in compliance with Section 344.09;
(4) That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare.
(b) Supplemental Criteria for Specific Uses. The following are specific conditions, standards and regulations for certain conditional uses.
(1) Automotive Sales and Related. (MMUD-3)
A. A service garage, leasing department and other activities, including cleaning, servicing and repair, customarily incidental to an automobile dealer shall be permitted provided these activities are conducted in a wholly enclosed building; vehicles currently being repaired at a service garage may be stored outside for up to forty-eight (48) hours.
B. No junk, inoperative or unlicensed vehicle, except for the inventory of new or used cars for sale, shall be permitted to remain outside an enclosed building for more than forty-eight (48) hours.
C. Display of vehicles for sale shall be located on a paved surface and shall comply with the parking setback requirements of division (a) of Section 344.05.
D. Lighting for all areas used for the outdoor display of automobiles shall be in accordance with a lighting plan approved by the City Planning Commission pursuant to Section 344.09(c).
(2) Drive-thru Facility. (MMUD-1)
A. Such facilities shall be located to the rear of the building if possible or in an area least disruptive to pedestrian or vehicular traffic if location to the rear of the building is not feasible.
B. To the extent possible, access to the drive-thru should be provided from a side street and, if necessary, there shall be only one (1) access to/from Euclid Avenue.
C. Any proposed loudspeaker system shall be approved by the City Planning Commission.
D. At least five (5) waiting or stacking parking spaces shall be provided in addition to the required number of parking spaces specified in Section 344.08 unless deemed unnecessary by the City Planning Commission.
(3) Gasoline Service Stations, Automotive Service Stations and Automotive Repair Garages. (MMUD-3)
A. Fuel pumps and associated access aisles and canopies shall comply with the parking setbacks set forth in Schedule 344.05(a).
B. When located on a corner lot, the location of access drives shall be placed as far as possible from the intersection and shall be limited to no more than one (1) access drive per fronting street.
C. A car wash establishment may be combined with a gasoline station or automotive service station provided that the minimum lot are for the combined uses is a minimum of fifty thousand (50,000) square feet.
D. An area for vehicular circulation that is not otherwise used for required parking shall be provided at each end of a gasoline pump island. Such area shall be a minimum of thirty (30) feet in width.
(4) Outdoor Storage. (MMUD-3 and MMUD-4)
A. Outdoor storage of materials includes the storage of goods, materials or products associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.
B. The following provisions shall apply to outdoor storage of goods and materials:
1. Areas devoted to outdoor storage shall be located in a side or rear yard only and shall comply with the building setbacks set forth for the sub-districts in Schedule 344.05;
2. All outdoor storage areas shall be contiguous to the principal building;
3. No outdoor storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access;
4. The area of the lot devoted to outdoor storage shall not exceed twenty-five percent (25%) of the ground floor area of the principal building;
5. Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust;
6. All outdoor storage areas shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall be at least seven (7) feet tall. No razor or barb wire shall be permitted. Where the fencing presents a face to the front or to a public street, a landscaping strip of at least three (3) feet shall be provided with fifty percent (50%) opacity at planting as a means of camouflaging the storage wall or fence;
7. No signs shall be permitted in conjunction with outdoor storage areas except those otherwise in compliance with the sign regulations in Chapter 350;
8. No junk, inoperative or unlicensed vehicle, except for the inventory of new or used cars for sale, shall be permitted to remain outside an enclosed building for more than forty-eight (48) hours.
(5) Outdoor Display. (MMUD-2)
A. Outdoor display of materials includes merchandise in an outdoor area that is representative of the merchandise for sale from inside the building and is permitted by retail uses subject to the following provisions:
B. The display of merchandise for sale is limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by the employees of such principal business;
C. The areas devoted to outdoor display must comply with all building setbacks and yard regulations set forth in Schedule 344.05 and be contiguous to the building;
D. The height of the outdoor display may not exceed six (6) feet;
E. No outdoor display is permitted to occupy or interfere with traffic circulations, required parking areas, public sidewalks or pedestrian access;
F. No signs are permitted in conjunction with the outdoor display except those otherwise in compliance with the sign regulations in Chapter 350.
(6) MMUD-1 Uses and Development Standards in the MMUD-2. (MMUD-2 and MMUD-4)
A. The intention is to permit the extension of a mixed-use development project initiated on Euclid Avenue through the block to the south side of Chester Avenue when the project would complement the residential uses on Chester Avenue.
B. When approved by the City Planning Commission, such a mixed-use development project as permitted in the MMUD-1, including the permitted uses and development standards, shall be acceptable for property located in the MMUD-2 or MMUD-4 when the following are provided:
1. Building frontage on both Chester and Euclid Avenues with at least one (1) main building entrance provided on each street;
2. Accessory parking is provided internal to the site and is accessed from a side street.
(7) Retail Uses. (MMUD-4)
A. Retail uses in the MMUD-4 shall be permitted only if fronting W. 55th Street.
(8) Townhouse Unit, Row House or Dwelling, Single-family Attached. (MMUD-1)
A. Single-family units in the MMUD-1 are permitted to locate on the side streets perpendicular to Euclid Avenue.
B. Single-family units in the MMUD-1 must have vehicle ingress/egress from the side streets and not from Euclid Avenue.
(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)