§ 160.198 CONDITIONAL USES.
   The following are conditional uses in a B-3 District (requiring a conditional use permit based upon procedures set forth in and regulated by §§ 160.450 through 160.452 of this chapter):
   (A)   Drive-thru business; provided that the provisions of § 160.450(E) of this chapter are considered satisfactorily met.
   (B)   Car washes (drive through, mechanical and self-service); provided that:
      (1)   The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot;
      (2)   Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30-minute period and shall be subject to the approval of the Director of Public Works/Parks and Recreation;
      (3)   At the boundaries of a residential district, a strip of not less than ten feet shall be landscaped and screened in compliance with § 160.030(A) through (E) of this chapter;
      (4)   Each light standard island and all islands in the parking lot shall be landscaped or covered;
      (5)   Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with § 160.030(A) through (E) of this chapter;
      (6)   The entire area, other than occupied by the building or plantings, shall be surfaced with material which will control dust, drainage and erosion which is subject to the approval of the Director of Public Works/Parks and Recreation;
      (7)   The entire area shall have a drainage system which is subject to the approval of the Director of Public Works/Parks and Recreation;
      (8)   All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with § 160.031 of this chapter;
      (9)   Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Director of Public Works/Parks and Recreation;
      (10)   All signing and informational or visual communication devices shall be in compliance with Ch. 161 of this code of ordinances;
      (11)   Provisions are made to control and reduce noise; and
      (12)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met.
   (C)   Motor fuel station, auto repair, minor and tire battery stores and service; provided that:
      (1)   Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property;
      (2)   The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot;
      (3)   The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/Parks and Recreation;
      (4)   A minimum lot area of 22,500 square feet and minimum lot dimensions of 150 feet by 130 feet be provided;
      (5)   A drainage system, subject to the approval of the Director of Public Works/Parks and Recreation, shall be installed;
      (6)   A curb not less than six inches above grade shall separate the public sidewalk from motor vehicle service areas;
      (7)   The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with § 160.031 of this chapter;
      (8)   Wherever fuel pumps are to be installed, pump islands shall be installed;
      (9)   At the boundaries of a residential district, a strip of not less than ten feet shall be landscaped and screened in compliance with § 160.030(A) through (E) of this chapter;
      (10)   Each light standard island and all islands in the parking lot shall be landscaped or covered;
      (11)   Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with § 160.030(A) through (E) of this chapter;
      (12)   Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with §§ 160.330 through 160.344 of this chapter and shall be subject to the approval of the Director of Public Works/Parks and Recreation;
      (13)   All signing and informational or visual communication devices shall be minimized and shall be in compliance with Ch. 161 of this code of ordinances;
      (14)   Provisions are made to control and reduce noise;
      (15)   No outside storage except as allowed in compliance with division (D) below shall exist;
      (16)   No outside sale or service except as allowed in compliance with division (E) below shall exist;
      (17)   Sale of products other than those specifically mentioned in this section shall be subject to the conditional use permit;
      (18)   All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions; and
      (19)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met.
   (D)   Open and outdoor storage as an accessory use; provided that:
      (1)   The area is fenced and screened from view of neighboring uses or if abutting an R District in compliance with § 160.030(A) through (E) of this chapter;
      (2)   Storage is screened from view from the public right-of-way in compliance with § 160.030(A) through (E) of this chapter;
      (3)   Storage area is grassed or surfaced to control dust;
      (4)   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with § 160.031 of this chapter;
      (5)   The open and outdoor storage does not take up parking space as required for conformity to this chapter; and
      (6)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met.
   (E)   Open or outdoor service, sale and rental as a principal or accessory use and including sales in or from motorized vehicles, trailers or wagons for a period greater than ten days;
      (1)   Outside services, sales and equipment rental connected with the principal use is limited to 30% of the gross floor area of the principal use;
      (2)   Outside sales areas are fenced or screened from view of neighboring identical uses or an abutting R district in compliance with § 160.030(A) through (E) of this chapter;
      (3)   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with §§ 160.030 and 160.031 of this chapter;
      (4)   Sales area is grassed or surfaced to control dust;
      (5)   The open or outdoor service, sale or rental use does not take up parking space as required for conformity of this chapter; and
      (6)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met.
   (F)   An accessory use which is a permitted use in a B-2 District, and:
      (1)   The use does not constitute more than 30% of the lot area and not more than 50% of the gross floor area of the principal use;
      (2)   The off-street parking and off-street loading requirements of §§ 160.330 through 160.344 and 160.355 through 160.361 of this chapter have been met;
      (3)   All signing and informational or visual communication devices shall be in compliance with Ch. 161 of this code of ordinances; and
      (4)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met.
   (G)   Motor vehicle and recreation equipment sales and garages accessory thereto; provided that:
      (1)   Motor vehicle sales shall be on one lot or contiguous lots not separated by a public street, alley or other use;
      (2)   The minimum lot width shall be 150 feet at the minimum required front yard setback, as defined in § 160.055 of this chapter;
      (3)   A minimum lot area of two acres is required;
      (4)   Setbacks shall be as required in § 160.055 of this chapter;
      (5)   The entire site on which motor vehicle sales is located, other than that devoted to buildings and structures or landscaped areas shall be surfaced and maintained with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/Parks and Recreation;
      (6)   A drainage system, subject to the approval of the Director of Public Works/Parks and Recreation, shall be installed and maintained. All provisions shall apply as included in §§ 160.025 through 160.041 of this chapter and Ch. 155 and 159 of this code of ordinances;
      (7)   The following parking requirements shall be met:
         (a)   All customer and employee parking spaces shall be permanently and clearly marked;
         (b)   For every three employees, a minimum of two employee parking spaces shall be provided;
         (c)   A minimum of two off-street parking spaces for each service stall are required; and
         (d)   The foregoing required parking spaces shall be shown and designated on the site plan.
      (8)   All outdoor illumination on sales lots shall be provided with lenses, reflectors, or shades, which will concentrate the light upon the premises so as to prevent glare or direct rays and shall be in compliance with § 160.031 of this chapter;
      (9)   The maximum areas permitted for outside storage of motor vehicles can not exceed two square feet of outside storage to each one square foot of enclosed ground floor area. Not more than one automobile shall be stored on each 40 square feet of outside storage. No rooftop parking shall be permitted;
      (10)   Accessory buildings to be used solely for sales offices shall not be permitted. Such accessory buildings as are permitted shall be constructed of the same materials as the main structure;
      (11)   All signing and informational or visual communication devices shall be in compliance with Ch. 161 of this code of ordinances;
      (12)   A minimum 10% of the property, excluding setback requirements, is required for landscaped green space. The planting plan and type of shrubbery shall require approval of the Planning Commission based upon a recommendation of City Forester;
      (13)   A natural screen shall be erected and maintained along all property lines separating the site from any residential district. The screening shall include landscaping (trees, shrubs, grass and the like) of a type (layout, species, height, size and density) in compliance with § 160.030 of this chapter;
      (14)   The hours of operation of the facility shall not exceed 7:00 a.m. to 10:00 p.m.;
      (15)   Test driving routes and patterns must be submitted and approved prior to operation of an automobile sales lot;
      (16)   No music or advertisement will be allowed over paging systems;
      (17)   All provisions shall apply as included in § 160.025 of this chapter relating to noise within the city code; and
      (18)   All car lots shall be brought into conformance within seven years of the date this chapter is effective.
   (H)   Wireless telecommunications towers and antennas subject to the provisions established in §§ 160.395 through 160.401 of this chapter;
   (I)   Day care center, group nursery; provided that:
      (1)   No overnight facilities are provided for the children served. Children are delivered and removed daily;
      (2)   The front yard depth shall be a minimum of 35 feet;
      (3)   Minimum lot area shall be no less than one acre, or as provided in § 160.056(B)(2)(c) of this chapter;
      (4)   Not less than 40 square feet of outside play space per child be provided and that the space be suitably fenced and/or screened in accordance with conditions as specified by the City Council;
      (5)   Adequate off-street parking and access is provided in compliance with §§ 160.330 through 160.344 of this chapter;
      (6)   Adequate off-street loading and service entrances are provided in compliance with §§ 160.355 through 160.361 of this chapter;
      (7)   The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated;
      (8)   All signing and informational or visual communication devices shall be in compliance with Ch. 161 of this code of ordinances;
      (9)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met;
      (10)   The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of 200 feet, except as provided in § 160.376(A)(3) of this chapter; and
      (11)   No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premises requiring a liquor license, as provided in §§ 110.015 through 110.030 of this code of ordinances, or a license for an adult establishment, as provided in Ch. 116 of this code of ordinances, is 500 feet or less; except that, the 500-foot requirement shall not apply to any liquor establishment receiving at least 60% of its annual gross sales revenue from the sale of food.
   (J)   Manufacturing, compounding, processing, packaging, or treatment of cosmetics, pharmaceuticals, and food products and the rendering or refining of fats and oils.
(Prior Code, § 1114.04) (Ord. 570, passed 01-08-1996; Ord. 581, passed 06-10-1996; Ord. 588, passed 02-10-1997; Ord. 595, passed 04-14-1997; Ord. 733, passed 05-10-2004; Ord. 896, passed 01-26-2015; Ord. 977, passed 07-26-2021; Ord. 1003, passed 6-12-2023)