732.02 CONDITIONAL USES.
   (a)   In General. The following uses or facilities may be located within a C-1, C-2 or C-3 Commercial District:
      (1)   Public and institutional facilities, including:
         A.   Churches, synagogues, parish houses, rectories, monasteries and convents;
         B.   Public and parochial schools;
         C.   Institutions for human care, including hospitals, clinics, sanitariums, convalescent homes, nursing homes, homes for the aged, philanthropic institutions and elderly day care centers;
         D.   Institutions for higher education, including colleges, universities, dormitories and trade or business schools;
         E.   Government-owned and/or operated buildings or facilities. Parking requirements for public and quasi-public facilities are as scheduled in Section 772.18, Table 1; and
         F.   Child-care institutions, including day nurseries, orphanages, special training schools, type-A family day care homes and child day care centers.
      (2)   Multiple-family residential uses, provided that the following specific conditions are met:
         A.   The multiple-family use must be within a building that is not a free-standing residential only building, but instead must be part of a commercial building;
         B.   The multiple-family use within a commercial building shall be confined to the floors above the permitted commercial use on the first floor;
         C.   There must be adequate parking to accommodate both the permitted commercial and multiple-family residential uses;
         D.   The multiple-family parking shall be separated so as not to disrupt the parking patterns for the patrons of the commercial establishment;
         E.   The multiple-family residences must have a separate entrance from the commercial use;
         F.   The multiple-family use shall not disturb or disrupt the functioning of the building as a commercial use;
         G.   Commercial signs and lighting shall be arranged so as not to cause a disturbance to the residential tenants within the building;
         H.   The commercial building shall conform to all yard, building height, and loading regulations set forth in the Commercial District regulations;
         I.   The commercial building shall conform to all landscaping and parking regulations as set forth in Chapter 771 and 772, respectively; and
         J.   Each multiple-family dwelling unit shall contain a minimum area of 500 square feet.
      (3)   Public utility uses, such as high-voltage transmission lines and towers, substations and telephone exchanges, provided that:
         A.   A set of plans, specifications and plot plans, and a statement setting forth the need and purpose of the installations, are filed with the Planning Commission;
         B.   Proof is furnished to the Planning Commission that the proposed installation in a specific location is necessary for the convenient and efficient operation of the public system, or for the satisfactory and convenient provision of service by the utility to the City or to the area in which the particular use is to be located; and
         C.   The design of any structure in connection with such facility conforms to the general character of the area in which it is proposed to be located and will in no way adversely affect the safe and comfortable enjoyment of property rights of residents of the zone in which it is located. Adequate and attractive walls and other safety devices will be provided in conjunction with such use and sufficient landscaping, including trees, shrubs and lawn, will also be provided.
      (4)   Shops that sell tobacco, smoking accessories, nicotine, and nicotine accessory products including electronic tobacco and/or nicotine items as its principal product and not as an accessory to other retail items, shall be a conditional use.
   (b)   Uses or Facilities in R-O Districts. The following uses or facilities may be located in a Residence-Office (R-O) District, provided they conform to the conditions set forth in Sections 722.02 and 722.03:
      (1)   Public and institutional facilities, including:
         A.   Churches, synagogues, parish houses, rectories, monasteries, convents and cemeteries;
         B.   Public and private schools, including colleges, universities and dormitories;
         C.   Child-care institutions, including day nurseries, orphanages, special training schools, type-A family day care homes and child day care centers;
         D.   Private recreational club facilities, such as golf, tennis and swimming facilities;
         E.   Libraries and museums;
         F.   Government offices;
         G.   Hospitals, nursing homes, convalescent homes and homes for the aged; and
         H.   Welfare centers, settlement houses and health centers.
      (2)   Banks, savings and loan institutions and securities sales offices provided that these facilities abut on more than one street. Accessory drive-up facilities are conditionally permitted provided they are not attached to primary structure and provide a waiting lane of at least eight automobiles on site.
      (3)   Public utilities.
(Ord. 42-10. Passed 9-26-11; Ord. 05-12. Passed 7-23-12; Ord. 11-18. Passed 7-23-18; Ord. 14-23. Passed 12-11-23.)