1278.03 USES PERMITTED UNDER SPECIAL CONDITIONS.
   The following uses of land and structures shall be permitted in the B-1 Business District, subject to the conditions hereinafter imposed for each use and to Site Plan Review pursuant to Chapter 1296, parking requirements pursuant to Chapter 1288, and sign requirements of Chapter 846:
   (a)   Accessory uses which comply with the following conditions and standards:
      (1)   Definition: An “accessory use” is a use which is clearly incidental to, customarily found in connection with, devoted exclusively to, subordinate to, and located on the same lot as the principal use to which it is related.
      (2)   The outdoor display of retail merchandise may be permitted as an accessory use, provided that it takes place in an area indicated for such use on an approved site plan. Such display areas shall not encroach on any required parking or maneuvering areas, extend into any required yard setback or interfere with pedestrian safety. The outdoor display area shall not exceed 10% of the floor area of the principal building.
   (b)   Public buildings, such as post offices, passenger terminals, libraries or similar public office buildings, provided that there is no outside storage and that such public uses serve primarily persons living within the community.
   (c)   Temporary outdoor uses, such as sidewalk sales, displays, Christmas tree sales lots, revival tents or other quasi-civic activities may be permitted on a temporary basis without a public hearing by the Board of Appeals, provided that such approval shall not be granted for more than 30 days in any one year.
   (d)   Pet shops, provided that all animals and birds are kept entirely within the building at all times.
   (e)   Veterinary hospitals, clinics and kennels, provided animals are housed within buildings at all times.
   (f)   Building supply and equipment stores which meet the following provisions:
      (1)   Definition: “Building supply and equipment stores” feature retail sales, as typically incidental to contractors, in which a workshop is required for successful operation and in which the retail outlet or show room may in fact be an accessory use, such as, but not limited to: plumber, electrician, lighting fixtures, air conditioning and heating, radio and television, interior decorator, reupholstery and refinishing.
      (2)   Not more than 50% of the total usable floor area of the establishment (excluding storage areas) shall be used for servicing, repairing, manufacturing or processing activities.
   (g)   Trade or industrial schools which meet the following provision: vehicles associated with the instructional facility may be left on the site overnight providing:
      (1)   Vehicles shall be stored within an enclosed building or in an area screened by an opaque fence not less than 6 feet in height which is continuously maintained in good condition;
      (2)   Areas for the outside storage of vehicles overnight shall be designated on an approved site plan;
      (3)   There shall be no outdoor repair activity on vehicles.
   (h)   Public utility installations and buildings without outside storage, provided that all mechanical equipment located in the open must be fenced and screened.
   (i)   Enclosed storage facilities for building material and supplies, sand, gravel, stone, lumber and contractor's equipment, provided the following conditions are met:
      (1)   The proposed site shall front upon a major thoroughfare. All ingress and egress to the site shall be directly from said thoroughfare;
      (2)   On-site circulation areas including areas of ingress and egress shall be paved and graded and drained so as to prevent collection of water.
   (j)   Institutions for human care, which include hospitals, sanitariums, nursing or convalescent homes, homes for the aged, philanthropic and eleemosynary institutions, provided all of the following conditions are met:
      (1)   Excluded activities: Institutions for the mentally retarded and physically handicapped, drug or alcohol rehabilitation camps or correctional institutions are prohibited in any residential district.
      (2)   Minimum lot size: 2 acres, except for hospitals, which shall require 10 acres.
      (3)   Minimum yard setbacks: 50 feet, except that hospitals which are two stories or greater shall be set back 100 feet to any street or property line.
      (4)   Maximum building coverage: 25%.
      (5)   Ambulance and delivery areas are to be screened from view from adjacent residential uses and residential and agricultural districts with a masonry wall which is 6 feet in height.
   (k)   Funeral homes and mortuaries provided all of the following conditions are met:
      (1)   All aspects of activities related to such uses shall take place within the principal building and not in an accessory building. A caretaker's residence may be provided within the principal building.
      (2)   Adequate off-street assembly area for vehicles used in funeral processions shall be provided in addition to any required off-street parking area.
   (l)   Open air business uses, such as retail sales of plant material not grown on the site, sales of lawn furniture, playground equipment and garden supplies provided the following conditions are met:
      (1)   Any area to be used for outside storage of display materials or equipment shall be designated on the approved site plan and shall be paved, graded and drained so as to prevent the collection of water.
      (2)   Any display materials or equipment stored or displayed outside of an enclosed building shall not extend into any required yard (setback) or occupy any required parking or maneuvering areas for vehicles.
      (3)   The size of the outdoor storage or display area shall not exceed 10% of the gross floor area of the principal building.
   (m)   Day care centers and adult foster care congregate facilities, provided that all areas for outdoor recreation shall be fully screened with a solid fence not less than four feet in height.
(Ord. 2001-4. Passed 10-8-01; Ord. 2001-6. Passed 11-12-01; Ord. 2003-7. Passed 1-12-04; Ord. 2009-7. Passed 12-14-09; Ord. 2015-1. Passed 4-13-15.)