1143.07  SPECIFIC USE CONDITIONS - RETAIL AND SERVICE-ORIENTED  USES.
   (a)   Check Cashing Establishments, Pay-Day Lenders, Pawnshops and Similar.
      (1)   The use shall be:
         A.   Located at least 1,000 feet, measured lot line to lot line, from the nearest check cashing establishment, pay-day lender, deferred presentment lender, pawnshop or title loan company, and
         B.   Located within a commercial shopping center with a combined floor area of all businesses being 30,000 square feet or more; or
      (2)   The use shall be wholly contained within a single grocery store or general merchandise retail building having at least 30,000 square feet of floor area, with no separate public access to its portion of the premises, and is at least 1,000 feet, measured lot line to lot line, from the nearest check cashing establishment, pay-day lender, deferred presentment lender, pawnshop or title loan company.
   (b)   Consumer Fireworks Sales, Temporary.
      (1)   Temporary structures for the sale of fireworks must be located within 1,000 feet of a fire hydrant or a fire department connection of a building, unless the chief administrative officer of a fire department gives permission in writing stating otherwise.
      (2)   The duration of a temporary consumer fireworks retail sales facility shall initiate upon conditional use approval and terminate within 90 days after initiation.
   (c)   Crematorium.
      (1)   No crematorium shall be located closer than 200 feet to any lot line and no closer than 500 feet to any residential district boundary.
   (d)   Drive-through Facilities for Automated Teller Machines, Banks and Pharmacies.
      (1)   Where a drive-through facility is added to an existing building and the addition is within the limits specified in Table 1145.02 for administrative site plan review, the Zoning Administrator shall be responsible for review and approval of the conditional use.
      (2)   Stacking space for at least four (4) vehicles shall be provided at each window or machine.
      (3)   Stacking spaces shall be located so as not to interfere with vehicular circulation, parking spaces and egress from the property by vehicles not using the drive-through portion of the facility.
      (4)   Public access to the site shall comply with the driveway spacing standards of Section 1149.06 but, in no case, be located closer than 125 feet to any intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the driveway.
      (5)   Internal circulation and access to/egress from the site shall not substantially impair the movement of other modes of transportation, such as bicycles and pedestrians, to and through the site.
   (e)   Greenhouse/Nursery with Retail Sales.
      (1)   A minimum lot size of one (1) acre shall be required.
      (2)   All outdoor display and storage areas shall meet the conditional requirements of Section 1143.07(h); provided, materials shall only be stored or stockpiled in the side or rear yard.
   (f)   Kennels and Pet Day Care.
      (1)   Kennels and pet day care facilities that include outdoor runs/exercise areas shall not be located adjacent to a residential or mixed-use district boundary.
      (2)   Minimum lot size shall be two (2) acres.
      (3)   No outdoor dog runs or animal exercise areas shall be located in a front yard.
      (4)   Outdoor runs/exercise areas shall be set back a minimum of seventy-five (75) feet from all property lines or the required setback for the zoning district, whichever is greater; provided, no less than a 100 foot setback shall be maintained from any residential dwelling.
   (g)   Mortuary or Funeral Home.
      (1)   A minimum lot size of two (2) acres shall be required.
      (2)   An off-street vehicle assembly/staging area shall be provided for funeral processions and activities in addition to the required off-street parking and maneuvering area.
      (3)   No waiting lines of vehicles shall extend off site or onto adjacent public streets.
      (4)   Spacing of access driveways shall meet the access management requirements of Section 1149.06, but in no case shall be closer than 125 feet to any street intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the driveway.
   (h)   Outdoor Display and Storage for Retail and Service Establishments.
      (1)   The outdoor storage and display area shall be arranged to provide safe pedestrian and vehicular circulation and safe emergency access. Maneuvering aisles shall be kept free of all obstruction.
      (2)   A drive shall be provided, graded, paved, and maintained from the street to the rear of the property, to permit free access of emergency service vehicles and firefighting equipment at any time.
      (3)   The sale or outdoor display of merchandise shall not be permitted within the required setback areas.
      (4)   Outdoor storage and display areas located on parking lots shall not reduce the available parking spaces to fewer than those required by Section 1149.03 for the principal use.
      (5)   No outdoor display area or parking serving an outdoor display area shall be located within fifty (50) feet of any residential district boundary line.
      (6)   The storage of soil, sand, mulch, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.  The outdoor storage of fertilizers, pesticides, and other hazardous materials, unless packaged in approved containers, is prohibited.
      (7)   All outdoor display and sales areas shall be paved with a permanent, durable, and dustless surface and shall be graded and drained to dispose of all surface water.
      (8)   All loading and truck maneuvering shall be accommodated on-site. Maneuvering in the public right-of-way is prohibited.
      (9)   Lighting for security purposes may be required, as determined by the planning commission.  All lighting shall be shielded from adjacent residential districts and uses.
      (10)   Permanent outdoor storage areas shall be attached to and be considered part of the principal building relative to all setback requirements.  The storage area shall be fenced with a fence or wall at least six (6), but no more than eight (8), feet in height. 
      (11)   The Planning Commission may require a sight-obscuring screen that meets maximum fence height requirements for the zoning district around any storage or display area. Stored materials and stockpiles shall not be piled or stacked higher than the height of the obscuring screen.
   (i)   Self-Service Mini-Storage Facilities.
      (1)   The minimum size of the site shall be not less than two (2) acres.
      (2)   All ingress and egress from the site shall be directly onto an arterial or collector street.
      (3)   Storage of combustible or flammable liquids, combustible fibers, or explosive materials, as defined in the Fire Prevention Code, or toxic materials, shall not be permitted within the self-storage buildings or upon the premises.  However, storage of recreational vehicles containing fuel and other automotive fluids is permitted.
      (4)   The use of the premises shall be limited to storage of personal and business items, except as otherwise provided, and shall not be used for operating any other business, maintaining or repairing vehicles, or for any recreational activity or hobby.
      (5)   Limited retail sales of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, locks, and chains shall be permitted within a central office.
      (6)   The entire site shall be fenced, in accordance with the requirements of Section 1141.08. Fences within front yards and any side yards adjacent to residential zoning districts shall be wrought iron or a similar decorative type. Chain-link, or similar style fences, are prohibited in these areas.
      (7)   Exterior lighting shall be shielded to restrict the light from impacting neighboring property owners.
      (8)   A security manager may be permitted to reside on the premises. A minimum of two (2) parking spaces shall be provided for the dwelling unit and the requirements of Chapter 1149 shall be met.
      (9)   A business office for the storage facility may be located on the property.
      (10)   Minimum separation between self-storage buildings shall be twenty-six (26) feet.
      (11)   Each individual storage unit shall have privately controlled access points.
      (12)   Internal drive aisles shall be at least twenty-six (26) feet wide and must be clearly marked to distinguish traffic flow.
      (13)   No individual storage unit shall have a floor area greater than 500 sq. ft.
      (14)   Building design and materials shall be compatible with the existing and intended character of the area. If located adjacent to residential zoning districts, the front office building, or office portion of the building, shall reflect a residential character in architectural design.
      (15)   To the maximum extent practical, storage unit doors shall not face public rights-of-way.
      (16)   No outside storage shall be permitted on the property.
   (j)   Truck Livery.
      (1)   Minimum site size shall be one (1) acre.
      (2)   All portions of the site to be used for the storage or parking of semi-tractors or trailers shall be paved.
      (3)   Security lighting shall be provided in accordance with the requirements of this Ordinance.
      (4)   A six (6) foot high security fence shall be installed around the perimeter of the area in which vehicles are parked or stored.
      (5)   No truck or trailer shall be parked or stored within 200 feet of a residential zoning district.
   (k)   Truck Stops.
      (1)   At a minimum, all requirements for vehicle service stations (Section 1143.07(l)) shall be met, unless a stricter standard is specified here.
      (2)   There shall be a minimum lot area of two (2) acres and a minimum width of 200 feet on an arterial street.  All access shall be from that arterial street.
      (3)   No driveway shall be closer than seventy-five (75) feet to a side or rear property line and no closer than 250 feet to any other driveway on adjoining property, measured nearest pavement edge to nearest pavement edge.  In all other cases the minimum access management requirements of Section 1149.06 shall be met.
      (4)   Buildings shall be set back a minimum of 100 feet from the front property line and canopies shall be at least fifty (50) feet from any front or side property line; provided, if any side or rear property line abuts a residential or mixed-use district, all buildings and structures, including pump islands, shall be set back at least 100 feet from that property line.
   
   (l)   Vehicle Repair, Major.
      (1)   All main and accessory structures shall be set back a minimum of seventy-five (75) feet from any residential or mixed-use district.
      (2)   There shall be a minimum lot frontage of 100 feet on an arterial or collector street; and all access to the property shall be from that street.
      (3)   Access to the site shall comply with the driveway spacing standards of Section 1149.06.
      (4)   A raised curb of six (6) inches in height shall be constructed along the perimeter of all paved and landscaped areas.
      (5)   Overhead doors shall not face a public street or residential or mixed-use district. The Planning Commission may modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be diminished through use of building materials, architectural features and landscaping.
      (6)   Where applicable, vehicle queuing space shall be provided in front of each service bay for at least two (2) vehicles.
      (7)   All maintenance and repair work shall be conducted completely within an enclosed building.
      (8)   There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies or equipment.
      (9)   Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle, except a tow truck, shall be permitted in a designated area for up to thirty (30) days.  Such area shall be appropriately screened from public view in accordance with the screening requirements of Section 1147.04(c).
      (10)   If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP).  The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials.  Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the Fire Department and City Engineer.
      (11)   If the use includes vehicle painting, all applicable state and federal requirements shall be met.
   (m)   Vehicle Repair, Minor.
      (1)   A building or structure shall be located at least seventy-five (75) feet from any side or rear lot line abutting a residential or mixed-use district.
      (2)   Access to the site shall comply with the driveway spacing standards of Section 1149.06.
      (3)   Equipment, including hydraulic hoists, pits, and lubrication, greasing, and other automobile repairing equipment shall be located entirely within an enclosed building. Outdoor storage or display of merchandise, such as tires, lubricants and other accessory equipment is not permitted.
      (4)   Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle, except a tow truck, shall be permitted only in a designated area.  Such area shall be appropriately screened from public view in accordance with the requirements of Section 1147.04(c).
      (5)   All activities shall occur inside a building. No vehicle may be stored on the property for more than thirty (30) days.
      (6)   Storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gas above ground shall not be permitted, except in those small amounts needed to operate the business or as otherwise authorized by the city fire marshal.
      (7)   There shall be a minimum lot frontage of seventy-five (75) feet on an arterial or collector street; and all access to the property shall be from that street.
      (8)   If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP).  The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials.  Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the fire department and city engineer.
      (9)   If the use includes fuel sales, the requirements for a vehicle service station shall also be met.
   (n)   Vehicle Salvage Business.
      (1)   Outdoor storage of wrecked, partially dismantled, or derelict vehicles, or their parts, shall be permitted in a designated area.  Such storage area shall be fully screened on all sides by a solid, sight-obscuring, fence or wall,  in accordance with the screening requirements of Section 1147.04(c); provided, the height of the screen may be up to eight (8) feet.
      (2)   Vehicles shall not be stacked higher than the fence or wall enclosure surrounding the site.
      (3)   The outdoor storage area shall not be located in any front yard and the screening fence, wall or other approved enclosure surrounding the storage area shall be setback a minimum of twenty (20) feet from the side or rear lot lines.
      (4)   Vehicles shall not be stored or parked within any building, except while being worked on.
      (5)   All cutting, welding, disassembly, draining of fluids and other work on vehicles shall be conducted completely within an enclosed building; provided, no more than one (1) vehicle per 550 square feet of interior vehicle work space shall be permitted within the building.
      (6)   The applicant shall submit a Pollution Incidence Protection Plan (PIPP) describing measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials.  Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the Fire Department and City Engineer.
   (o)   Vehicle Service Station.
      (1)   There shall be a minimum lot area of one (1) acre and minimum lot width of 150 feet on an arterial street.
      (2)   Access to the site shall comply with the driveway spacing standards of Section 1149.06 but, in no case, be located closer than 125 feet to any intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the driveway. Driveways or curb openings shall be located at least 100 feet from any adjacent residential or mixed-use district boundary line.
      (3)   On a corner lot, only one (1) driveway shall be permitted from any street, unless the planning commission determines additional driveways will be necessary to ensure safe and efficient access to the site.
      (4)   A ten (10) foot "landscaping" strip shall be maintained between the street line and the edge of the service station pavement along all adjoining streets.
      (5)   No portion of a service station or its equipment may be located within fifty (50) feet of a residential district.
      (6)   Pump islands shall be a minimum of twenty-five (25) feet from any public right-of-way or lot line.  No vehicles shall be parked in front of the pump island setback line, except vehicles actually being serviced at the pump island. Tanks, propane, and petroleum products shall be set back at least thirty-five (35) feet from any lot line.
      (7)   Enclosed, permanently installed cabinets or racks for the display and storage of motor oil, wiper blades, or wiper fluids may be placed back of the pump island. Tires may be stored outside the building, but only in one (1) or more enclosed, permanently installed cabinets or racks, each with dimensions not exceeding twelve (12) feet in length and five (5) feet in width, located back of the building setback line.
      (8)   The edge of overhead canopies shall be set back at least fifteen (15) feet from the right-of-way and shall be constructed of materials consistent with the principal building.  The proposed clearance of any canopy shall be noted on the site plan.  The canopy shall not exceed eighteen (18) feet in height.  Lighting in the canopy shall be recessed, fully shielded, and directed downward to prevent off-site glare.
      (9)   If rental trailers or trucks are stored on the premises, a minimum lot area of one (1) acre shall be devoted exclusively to service station use, and an additional area for the storage of the rental trailers or trucks shall be provided behind the front line of the main building.
      (10)   If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP).  The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials.  Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the Fire Department and City Engineer.
      (11)   In the event that a gasoline station use has been abandoned or terminated for a period of more than twelve (12) months, all underground gasoline storage tanks shall be removed from the premises, in accordance with state requirements.
      (12)   A vehicle service station may be combined with other uses, such as convenience store, vehicle wash, and/or restaurant; provided all relevant requirements are met and the most restrictive requirements applicable to any single use shall apply.  Parking requirements may be modified, as provided in Section 1149.02(d) Signs shall comply with the standards for business centers in Section 1151.06.
   (p)   Vehicle Wash.
      (1)   All washing activities must occur inside a building.
      (2)   Required stacking spaces for waiting vehicles shall not be located within a public or private right-of-way and shall not conflict with maneuvering areas, parking spaces and other activities. Stacking lanes shall be designed to prevent vehicle queues from extending beyond the property.
      (3)   Wastewater must be recycled, filtered or otherwise cleansed to minimize discharge of soap, wax and solid matter into public sewers.
      (4)   On corner lots, only one (1) driveway shall be permitted from any street, unless the Planning Commission determines additional driveways will be necessary to ensure safe and efficient access to and egress from the site. Access to the site shall comply with the driveway spacing standards of Section 1149.06. Driveways or curb openings shall be located at least 100 feet from any adjacent residential or mixed-use district boundary line.
      (5)   For automated drive-through wash facilities, a by-pass lane is required that allows by-passing waiting vehicles.
      (6)   A vehicle wash facility building and any accessory buildings and uses, including vacuums, shall be located at least 100 feet from a street right-of-way line and any residential or mixed-use district boundary; provided, the required separation from a residential or mixed-use district may be modified by the Planning Commission where it is determined that proposed buffering, topographic conditions, orientation of the wash building, or other similar factors will lessen the negative noise, water runoff, traffic, and aesthetic impacts of the wash facility upon the neighboring uses.
      (7)   The property owner or operator must comply with all local noise regulations. Air handling equipment shall be located on a roof, be equipped with intervening noise reduction baffles and be in proper working condition.  (Ord. 4-21.  Passed 1-4-21.)