§ 153.317 PERMITTED USES AFTER SPECIAL APPROVAL.

   The following uses may be permitted subject to applicable site design standards in §§ 153.455 through 153.491 and subject further to the approval of the City Planning Commission in accordance with processing procedures in § 153.562:

   (A)   Adult bookstores, adult motion picture theaters, cabarets, or massage parlors, provided that no such business shall be located within 1,000 feet of another adult bookstore, adult motion picture theater, cabaret, or massage parlor in order to prevent the concentration of these uses in any one area and discourage the development of a skid row area, and provided that none of the above-named uses shall be permitted within 1,000 feet of any residentially zoned district, except that this provision may be waived if the person applying for the waiver shall file with the City Planning Commission a petition which indicates approval of the proposed regulated use by at least 51% of the persons owning, residing or doing business within a radius of 1,000 feet of the location of the proposed use. The petitioner shall attempt lo contact all eligible locations within this radius, and must maintain a list of all addresses al which no contact was made. Also see §§ 153.455 through 153.491 for applicable standards.

   (B)   Automobile wash establishments subject to standards in §§ 153.455 through 153.491;

   (C)   Central heating plants equipped with facilities for smoke elimination;

   (D)   Commercial greenhouses subject to standards in §§ 153.455 through 153.491;

   (E)   Drive-in restaurants or other drive-in establishments serving food and/or beverages, subject to standards in §§ 153.455 through 153.491;

   (F)   New or used mobile homes, excavation equipment, machinery or farm implement sales;

   (G)   New or used automobile, truck, motorcycle, trailer, recreation vehicle, boat, snowmobiles, travel trailers, campers, motor homes, tents and accessory equipment, sales or rental, wherein motor vehicles or recreation vehicles are stored or displayed outside of completely enclosed buildings;

   (H)   Outdoor drive-in theaters, subject to standards established in §§ 153.455 through 153.491;

   (I)   Open air business uses subject to standards established in §§ 153.455 through 153.491;

   (J)   Pinball parlors, pool halls, billiard rooms, amusement machine complex/arcades, subject to standards established in §§ 153.455 through 153.491;

   (K)   Radio or television towers, freestanding, subject to standards established in §§ 153.455 through 153.491;

   (L)   Storage or service garages, including self-service storage facilities;

   (M)   Wholesale stores, storage facilities, warehouses, distributing plants, freezers, and lockers;

   (N)   Uses customarily incidental to any of the permitted uses listed in §§ 153.316 and 153.317, including with any permitted retail business the incidental manufacture, processing, or storage of goods for sale, except the killing or dressing of animals or fowl, or the cleaning of fish, subject to the following conditions:

      (1)   Any such incidental use shall be conducted entirely within an enclosed building and shall not occupy more than 30% of the total floor area occupied by the business;

      (2)   No more than five persons shall be employed in any such incidental operation, and any goods resulting therefrom shall be sold at retail on the premises; and

      (3)   The incidental use shall be no more obnoxious than the principal use.

   (O)   Welfare and charitable institutions and homeless shelters, other than penal or correctional institutions for the care of liquor or drug addicts, subject to site design standards in §§ 153.455 through 153.491; and

   (P)   Small scale principal-use solar energy systems, subject to standards established in § 153.628.

(Prior Code, § 153.332) (Ord. D-1418, § 1603, passed 11-22-1982, effective 1-21-1983; Ord. D-1662, passed 8-10-1992, effective 8-20-1992; Ord. D-1912, passed 12-31-2001, effective 1-10-2002; Ord. O-253, passed 5-8- 2023, effective 5-18-2023)