1135.01 PERMITTED USES IN U4 DISTRICT.
   The following Class U4 retail uses are permitted, in close proximity and catering to the ordinary public needs of the immediate neighborhood, as follows:
   (a)   Bank studio, telephone exchange, professional offices, medical clinics not equipped nor intended to provide in-patient medical care.
      (Ord. 75-1973, Passed 11-12-73.)
   (b)   Barber and beauty shops.
   (c)   Confectionery, delicatessen, restaurant, ice cream parlor.
   (d)   Dress or wearing apparel shops, tailor shop, haberdashery.
   (e)   Drug store, variety and dry goods stores.
   (f)   Flower shop, beverage store, gift shop.
   (g)   Garage for storage of motor vehicles. No services or repair facilities shall be maintained between the street wall and the street line. Entrance and exits shall be approved by the Board of Zoning Appeals. No repairs are to be made to fenders, bodies or frames, or other work done that produces dust, odor, smoke, fumes or noise that cannot be confined to the premises, in the case of establishments selling or servicing motor vehicles.
   (h)   Grocery, including fruit, vegetable, meat, fish, dairy products or baked goods, not being displayed in the open.
   (i)   Hardware, paint, wallpaper, furniture, household appliances and accessory stores.
   (j)   Pressing and dry cleaning shops employing not more than two assistants, except that no person shall perform any dry cleaning, whether of commercial or private nature, using more than one quart of high-hazard dry cleaning equipment or more than five gallons of low-hazard dry cleaning equipment.
   (k)   Retail store, sales office, dance hall, skating rink, public recreation center, job printing, newspaper printing,
   (l)   Shoe store, shoe repair shop.
   (m)   Theater, moving picture show.
   (n)   Any other business of similar nature, approved by the Board.
   (o)   Fire or police stations.
   (p)   Retail trade or shop or custom work for the making of articles to be sold at retail on the premises. (Ord. 118-1963. Passed 4-27-64.)
   (q)   Gasoline and oil filling stations and establishments for the service of motor vehicles only after issuance of a conditional use permit authorized by Council, after proper notice and public hearing before Council, and compliance with the following conditions, limitations and standards:
      (1)   The applicant for such conditional use permit shall secure, in writing, the consent of fifty-one percent (51%) or more of the property owners within a radius of 500 feet of the outer boundaries of the proposed gasoline station site, for the erection of such station.
      (2)   Proponents for such station shall present to Council a complete set of plans, specifications and blueprints, bearing the approval of the City Architect.
      (3)   No gasoline and oil filling station shall be permitted on a lot or plot of ground having less than a 185-foot frontage and a total area less than 40,000 square feet.
      (4)   There shall not be more than two gasoline and oil filling stations at the intersection of two main streets or thoroughfares. There shall not be more than one gasoline and oil filling station at the intersection of a main street or thoroughfare with a minor or residential street. There shall be no gasoline and oil filling stations at the intersection of two minor or residential streets.
      (5)   The proposed station shall be of modern fireproof construction and shall have an enclosed area of at least 2,000 square feet, with provisions for lavatories for both men and women, separated by soundproof walls.
      (6)   Plans for such station shall include the hard-surfacing of all driveways and parking areas, landscaping and screening with either shrubbery or proper approved type of fencing, as may be required by Council. Location of all approach ramps shall be approved by the Service Director.
      (7)   Whenever a proposed gasoline service station is within 500 feet of a church, school, library, public playground or any existing gasoline and oil filling station, notice by mail shall be given to such church, school, library, persons supervising public playgrounds and persons owning, operating or in control of such existing gasoline and oil filling stations, at least ten days before the public hearing provided for herein. Council shall satisfy itself that such proposed gasoline and oil filling station use will not seriously injure the appropriate use of such church, school, library, public playground or existing gasoline and oil filling station, shall not create additional traffic hazards and will not endanger or menace the health and safety of the children or citizens of the City.
         (Ord. 76-1964. Passed 7-20-64)
   (r)   Operation of a motel, motor lodge or auto court may be carried subject to the following provisions:
      (1)   It shall be unlawful to conduct or operate a motel, motor lodge or auto court in the City without having first obtained a license therefor, or without complying with all of the provisions of this Planning and Zoning Code.
      (2)   Each applicant for a license to operate a motel, motor lodge or auto court shall file an application with the Building Department, stating the name and address of the applicant, name and address of the owner, proposed location and maximum number of persons and vehicles to be accommodated. This application shall be accompanied by complete plans of the building or buildings, site and topographic plans, etc. The Division of Building, Engineering and Inspection shall refer such application and plans to the Planning Commission and the City Architect for their approval.
      (3)   No motel, motor lodge or auto court shall be permitted on a lot having less than 200 feet of frontage on an improved street, and a total land area of 900 square feet per living unit.
      (4)   Plans for such operations shall include the hard-surfacing of all driveways and parking areas, landscaping and screening with shrubbery or proper fencing as may be required by the Planning Commission and the City Architect. No parking space shall be provided for motor vehicles within ten feet of any building or housing unit unless the wall facing such parking space is constructed of fireproof materials.
      (5)   The annual license fee for such license shall be established by a separate ordinance adopted by the City, the minimum fee shall also be established by separate ordinance, and the license year shall be the same as that provided for general business licenses in the City.
      (6)   No such premises shall be operated unless they are equipped with adequate toilet and other sanitary facilities to serve the number of persons accommodated therein. All such sanitary facilities shall be properly connected with the sanitary sewer system of the City.
      (7)   It shall be unlawful to permit any violation of any ordinance or law on or in any motel, motor lodge or auto court. Such premises shall be kept clean and sanitary at all times, and all waste material and rubbish must be removed therefrom at least once every twenty-four hours. The Service Director shall inspect or cause to be inspected such premises to enforce compliance.
      (8)   Any area or premises of a motel, motor lodge or auto court, open to use by the public or by the persons accommodated therein, shall be kept adequately lighted at nighttime, provided that such lights must be so shaded or otherwise regulated so as to prevent them from shining upon any adjacent premises.
      (9)   It shall be unlawful to use or permit the use of a motel, motor lodge or auto court for the accommodation of a trailer, provided that a person being accommodated therein may park a trailer upon such premises not longer than twenty-four hours.
   (s)   All uses of a like and similar character as determined by the Board of Zoning Appeals. (Ord. 118-1963. Passed 4-27-63)