§ 50-42  PRINCIPAL PERMITTED USES.
   The principal permitted uses in a D-2 neighborhood business district are as follows.
   (a)   Generally.  Any local retail business or service establishment supplying commodities or performing services primarily for residents of the surrounding neighborhood on a day-to-day basis.
   (b)   Retail and service.  Art or antique shops, artists’ supply stores, camera and photo supply stores, groceries, supermarkets, meat, fruit and vegetable markets, delicatessen stores, self-service laundries, clothes cleaning and laundry pickup, book stores, novelty, millinery, notion, music and TV stores, liquor and candy stores, tobacco shops, florists, shoe repair shops, hardware stores, funeral homes and mortuaries and the like. Also, printing shops employing not more than three persons in production and limited to photocopier, photographic and photo- offset duplicating processes.
   (c)   Eating and drinking places.  Soda fountains, ice cream parlors, restaurants and cafeterias, not including dancing.
   (d)   Automotive services.  Minor repair and parking garages for private passenger vehicles and parking lots, subject to the other applicable requirements of this chapter; also, automobile service stations, subject to the following requirements:
      (1)   Minimum site size. 12,000 square feet with a minimum width of 120 feet.
      (2)   Site location.  The proposed site shall have at least one property line on an arterial street or principal collector as classified by the City-County functional highway classification system.
      (3)   Distance from other land uses.  No automobile service station will be constructed on any lot that is located within 500 feet of two or more existing automobile service stations, whether or not the stations are actually being used for that purpose; the distance to be measured from the nearest lot lines; provided, that any building constructed as an automobile service station which has been converted to another use shall not be considered in determining the existence of an automobile service station; in addition, no automobile service station shall be erected within 500 feet of any school grounds or buildings used for public assembly.
      (4)   Building setback.  The automobile service station building shall be set back a minimum of 45 feet from all street right-of-way lines and shall not be located closer than ten feet to any property line in a residential district.
         a.   Extended or free standing canopies may be constructed to within seven feet of street right-of-way lines and not closer than ten feet to any property line in a residential district. Canopies shall have a minimum clearance above the driveway surface of 14 feet, 0 inches. In addition, enclosed attendant booths abutting the pump islands; provided, that the entire area of the abutting the booth shall be enclosed with transparent safety glassing material except for necessary framing and roof covering.
         b.   Hydraulic hoists, pits and all lubrication, greasing automobile washing and repair equipment shall be entirely enclosed within a building.
      (5)   Access drives and curbing. Access drives and curbing must be approved by the Division of Traffic Engineering.
      (6)   Paving.  The entire service area shall be surfaced with an asphalt or portland cement binder pavement.
      (7)   Fencing.  A solid wall or fence at least four feet in height shall be erected along all property lines abutting any lot within a residential district.
      (8)   Lighting. Exterior lighting shall be so arranged that it is deflected away from adjacent properties and does not create a traffic hazard because of the glare.
      (9)   Junk.  It shall be unlawful for the owner or operator of an automobile service station to allow the accumulation of junk, as hereinafter defined, upon the premises of such automobile service station. JUNK, for the purpose of this section, is defined as any waste material, refuse or any item which has ceased to have any value for its original intended use. Nonrepairable automobiles or any automobile parts which are no longer suitable for repair operations are declared to be junk for the purposes of this section.
      (10)   Pumps. Pumps and other service devices shall be so placed that no car, while being serviced, will be located on City property.
      (11)   Parking.  All vehicles on the premises, with the exception of cars being serviced at the pumps or waiting for immediate service, shall be provided parking area in accordance with the requirements of Article XXV of this chapter. In addition, any parking area used for the temporary storage of wrecked vehicles shall be effectively screened on all sides fronting on a public street, except for necessary entrances and exits, by a masonry wall or solid fence or a chain link fence with a six-foot planting buffer maintained in a healthy condition. The wall or fence shall be not less than four feet in height.
   (e)   Financial services.  Banks, drive-in banks, savings and loan associations and finance companies.
   (f)   Outdoor advertising.  Advertising only the business conducted on the premises.
   (g)   Residential uses.  Any use permitted and as regulated in the residential district adjoining the D-2 district; and if there are adjoining two or more different categories of residential districts, the regulations of the least restrictive of such residential districts shall apply.
   (h)   Accessory uses permitted outright.  Any use, building or other structure customarily incidental to the principal use permitted outright.
   (i)   Accessory conditional uses.  Any use, building or other structure customarily incidental to any principal conditional use.
   (k)   Per § 50-47. The following “D-3” community business uses are permitted outright by reference to the appropriate subsections of § 50-47: (b)(1) retail, personal and business services; (b)(4) offices; (b)(5) commercial art studios; (b)(6) personal services; (b)(7) general business services; (c)(2) trades; (c)(3) household services.
(Ord. 2046, passed 4-11-1968; Ord. 2344, passed 6-28-1972; Ord. 2353, passed 8-14-1972; Ord. 2399, passed 7-16-1973; Ord. 3039, passed 6-8-1987)