(A) General description. This district is established for the accommodation of those herein specified retail and business service activities that typically may be located and grouped along a major street or about a major street intersection.
(B) Uses permitted. The following uses shall be permitted in the Highway Service District:
(1) Motels;
(2) Restaurants and eating establishments, including drive-ins;
(3) Service stations and garages for running repairs as regulated in § 155.052;
(4) Souvenir shops and curio shops;
(5) Building material sales;
(6) Garden centers, greenhouses and nurseries;
(7) New and used car and truck sales;
(8) Farm implement and machinery, new and used sales;
(9) Financial institutions;
(10) Churches;
(11) Trucks, trailers for hauling, rentals and sales, U-Haul types;
(12) Motorcycle sales, repairs and services;
(13) Monument sales;
(14) Animal hospitals, kennels and any outdoor keeping of animals shall be subject to the following requirements.
(a) Outdoor runs shall maintain a minimum setback of 40 feet from all property lines, and 100 feet from residential uses.
(b) The clinic facility shall be constructed and operated in such a manner as to minimize the transmission of sound to neighboring properties.
(c) Fenced outdoor runs and exercise areas shall be used only during normal business hours, and shall be screened in accordance with § 155.045.
(15) Sales of prefabricated and shell houses;
(16) Auction houses;
(17) Manufactured home sales and service;
(18) Taxidermists;
(19) Undertaking establishments and funeral home;
(20) Outdoor advertising as regulated in § 155.051;
(21) Recreational uses such as amusement parks, bowling alleys and ice and roller skating rinks;
(22) Archery ranges, miniature golf courses and other similar outdoor recreational uses;
(23) Public parks;
(24) Open storage uses which shall comply with the following provisions.
(a) All open storage and display of merchandise, material and equipment shall be screened by a solid opaque fence a minimum of six feet in height at the lot line which abuts any residential district. If this is not adequate to screen the view of storage and display, the Zoning Administrator is authorized to require additional landscaping or any other buffer technique.
(b) If the open storage is the primary use of the lot, and not in association with a retail store, showroom, warehouse, commercial building and the like, on the same lot, a solid fence a minimum of six feet in height shall be provided for all storage areas with the exception of lots where the primary use is the storage and parking of RVs and boats, in which case the fence is not required provided the RVs and boats being stored are not junked nor inoperable.
(c) All servicing of vehicles carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.
(d) Driveways used for ingress and egress shall not exceed 25 feet in width, exclusive of curb returns.
(e) Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets, and shall not be of a flashing or intermittent type.
(25) Manufactured home parks presently licensed by the city will remain in the district until a change of use occurs;
(26) Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce noise, dust, odor or vibration;
(27) Two-family and multiple-family dwellings;
(28) Tank storage of bulk oil and gasoline and the mixture of bulk storage of illuminating or heating gas, subject to the proper precautions as to location to prevent fire and explosion hazards;
(29) Small scale contractor operations;
(30) Recreational vehicles (RV) parks and campgrounds;
(31) Cannabis dispensary (subject to § 155.058);
(32) Other uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district.
(C) Uses permitted on review. Uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district may be permitted on review by the governing body in accordance with provisions contained in § 155.073.
(1) Adult oriented businesses; definitions. For the purpose of this division (C), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.
ADULT BOOKSTORE OR VIDEO STORE. A commercial establishment that offers for sale or rent any of the following as one of its principal business purposes: books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides, or other visual representations that depict or describe specific sexual activities or specific anatomical areas; instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities.
ADULT CABARET. Any nightclub, bar, restaurant or other similar commercial establishment that regularly features:
1. Persons who appear in a state of nudity or semi-nudity;
2. Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities; and/or
3. Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas.
ADULT MOTION PICTURE THEATER. A commercial establishment in which, for any form of consideration, films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.
ADULT ORIENTED BUSINESS. Any adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, massage establishment that offers adult service, or nude model studios.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
MASSAGE ESTABLISHMENT. An establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This definition does not apply to:
1. Physicians;
2. Podiatrists;
3. Registered nurses or licensed practical nurses;
4. Physician assistants;
5. Certified nurse practitioners and certified nurse midwives;
6. Physical therapists;
7. Athletic trainers;
8. Massage therapists; or
9. Chiropractors.
NUDE MODEL STUDIO. A place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. The term NUDE MODEL STUDIO does not include a proprietary school that is licensed by this state, a college or a university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college or university that is supported entirely or in part by taxation or a structure to which the following apply:
1. A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing;
2. A student must enroll at least three days in advance of a class in order to participate; and
3. No more than one nude or seminude model is on the premises at anytime.
PLACE OF WORSHIP. A structure where persons regularly assemble for worship, ceremonies, rituals and education relating to a particular form of religious belief and which a reasonable person would conclude is a place of worship by reason of design, signs or architectural or other features.
RESIDENCE. A permanent dwelling place.
(2) Location of adult oriented business restricted; violation as misdemeanor. No adult oriented business established after the effective date, may be located within one-fourth mile of a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence or a place of worship. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an adult oriented business to the nearest point on the property line of a parcel containing a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence or a place of worship. An adult oriented business lawfully operating in conformity with this section does not violate this section if a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence or a place of worship subsequently locates within one-fourth mile of the adult oriented business. A violation of this section is a Class 2 misdemeanor. Each day of violation constitutes a separate offense.
(3) Hours of operation of certain adult oriented businesses; violation as misdemeanor. No adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater or nude model studio may remain open at any time between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 2:00 a.m. and 12:00 noon on Sunday. A violation of this section is a Class 2 misdemeanor. Each day of violation constitutes a separate offense.
(4) Adult oriented uses. Adult oriented uses are limited entirely to the Highway Service Zone.
(5) Action to enjoin violations. If there is reason to believe that a violation of division (C)(3) above is being committed in any county or city, the state’s attorney of the county shall, or a citizen of this state who resides in the county or city in the citizen’s own name may, maintain an action to abate and prevent the violation and to enjoin perpetually any person who is committing the violation and the owner, lessee or agent of the building or place in or on which the violation is occurring from directly or indirectly committing or permitting the violation.
(D) Non-permitted use.
(1) Under no circumstances shall manufactured homes or manufactured home parks be permitted in this district, with the exception that manufactured home may serve as a sales office in conjunction with a manufactured home sales and service establishment.
(2) Under no circumstance shall vehicle or equipment repair facilities, private or public, operate salvage operations of vehicles or vehicle parts except as permitted in accordance with § 155.004(A)(5).
(E) Area regulations. The following requirements shall apply to all uses permitted in this district.
(1) Lot area. There shall be a lot area of not less than 10,000 square feet.
(2) Side yard. Distance to interior property lines shall be not less than ten feet; where a commercial building is serviced from the side there shall be provided a distance of 30 feet to the interior property line.
(3) Front yard. All lots fronting on an arterial street shall have a building setback of not less than 35 feet from the lot line.
(4) Rear yard. Each lot shall have a rear yard of not less than ten feet; where a commercial building is serviced from the rear there shall be provided a rear yard of not less than 30 feet; the depth of a rear yard which abuts a street or a residential district shall not be less than 50 feet.
(5) Lot width. Each lot shall have a width at the front building line of not less than 75 feet.
(6) Maximum lot coverage. The maximum lot area which may be covered by a principal and accessory building shall not exceed 40%.
(F) Height restrictions. No principal building or structure shall exceed three stories or 35 feet in height except as provided in § 155.047. No accessory building or structure shall exceed one story or 20 feet in height.
(G) Off-street parking. § 155.049.
(H) Screening and landscaping. All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition as required in § 155.045.
(Prior Code, § 27-A-04-06) (Ord. 1232, passed 7-6-2021; Ord. 1235, passed 10-4-2021)