Within the B-1 Central Business District no structure or land shall be used for the following uses except by conditional use permit:
(A) Permanent outdoor sales.
(B) Auto service or repair.
(C) Auto sales. Auto sales, when conducted within a building.
(D) Farm equipment sales. Farm machinery sales and service.
(E) Multi-family residential structures and residential units that are above, attached or part of the main structure and are clearly secondary in nature to the main use.
(F) Funeral homes and mortuaries.
(G) Veterinary clinics.
(H) Kennels. Any lot or premises or portion thereof on which four (4) or more dogs and/or cats over six (6) months old are owned, bred, boarded or offered for sale. This shall not include pet shops, veterinary clinics or other such uses regulated herein.
(I) Any permitted use in the B-2 district not mentioned as a permitted use in the B-1 district.
(J) Single-family residence. Provided this apply only to parcels which abut upon an R-1, R-3 or R-4 district.
(K) Halfway house for chemically dependent.
(L) Outdoor furnaces and boilers, provided the following conditions are met:
(1) The applicant shall submit a site plan, drawn to scale, showing the location of the proposed outdoor furnace or boiler in relation to existing structures and property lines as well as proposed screening or enclosure.
(2) Outdoor furnaces and boilers shall only be allowed on lots five (5) acres in size or greater. If the lot is divided in the future, so as to be less than five (5) acres, the outdoor furnace shall be removed.
(3) Outdoor furnaces and boilers shall be set back a minimum of fifty (50) feet from all property lines when abutting a residential district. When the property does not abut a residential district, the furnace shall comply with minimum setback requirements of the zoning district it is within.
(4) No burning materials shall be stored within five (5) feet of the principal structure and materials shall be stored in an orderly fashion.
(5) The outdoor furnace or boiler must be enclosed in a structure or screened with fencing and/or other materials as approved by the City Council.
(6) When the outdoor furnace or boiler is enclosed in a structure, the structure shall generally match the exterior of the principal structure.
(7) When the outdoor furnace or boiler is enclosed in a structure, the structure shall not count against the allowable square footage for future accessory structures, as long as it strictly serves as an enclosure for the furnace or boiler and the structure does not exceed one hundred (100) square feet in size.
(8) If the outdoor furnace or boiler is to be replaced, it shall meet the city and/or state requirements in place at that time.
(9) The outdoor furnace or boiler shall be UL Listed, or certified per the State Building Code, and the applicant shall follow all manufacturer specifications.
(10) If the outdoor furnace or boiler is taken out of service for a period of one (1) year or more, the permit shall become null and void and the unit and enclosure shall be removed from the property.
(M) Bed and breakfast inn, provided the following are adhered to:
(1) Off-street parking shall be provided in accordance with the parking requirements of § 150.500. A minimum of one (1) off-street parking space per guest room shall be provided in addition to the parking requirements for the zoning district in which the facility is located. Off-street parking is to be screened from the surrounding residences.
(2) Signs shall be in accordance with the sign requirements in § 150.213 and meet the requirements for the zoning district that the business is located within. (Identifying signs to be not more than four (4) square feet in total, located on the building and consistent with the character of the building).
(3) A maximum of five (5) units may be established in a structure.
(4) A bed and breakfast establishment shall show proof of inspection or proof of proper operating licenses by the state and/or country.
(5) All guest rooms shall be contained within the principal structure.
(6) Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guests.
(7) The maximum stay for guests shall be fourteen (14) days within a thirty (30) day period.
(8) The inn shall comply with all applicable laws, rules, and regulations governing its existence and operation, including, but not limited to, the State Building Code, the State Fire Code, and the State Health Code.
(9) A conditional use permit shall be terminated upon occurrence for the following:
(a) Non-compliance with the provisions of these provisions.
(b) Transfer of ownership of said property from the owner/operator.
(c) The creation of a condition which adversely affects the health, safety, or general welfare of the city or its residents.
(10) The owner or operator shall reside on the property or submit a management plan for approval as part of the conditional use permit.
(N) Churches and other places of worship.
(O) Government buildings. Including, but not limited to, city/town/county/state garages, city/town/county/state utility structures and operations, and jails/correctional facilities.
(P) Health care facilities. Including hospitals, clinics, nursing homes and other similar health care facilities.
(Q) Schools and related functions.
(R) Shopping center. Any contiguous group of two (2) or more retail stores or service establishments, comprising ten thousand (10,000) or more square feet of floor area which provides off-street parking utilized in common by patrons.
(S) Recreational centers.
(T) Land reclamation. See § 150.015.
(U) Mining. See § 150.016.
(V) Gas stations.
(Ord. 395, passed 7-6-2010; Am. Ord. 453, passed 10-17-2017) Penalty, see § 150.999