§ 155.208 CONDITIONAL USES.
   The following are conditional uses allowed in the B-1 District (requires a conditional use permit issued in accordance with the procedures set forth in and regulated by § 155.440):
   (A)   Governmental and public regulated utility buildings and structures necessary for the health, safety, and general welfare of the community.
   (B)   Commercial planned unit development as regulated by § 155.465 et seq.
   (C)   Drive-through food and beverage establishments, provided that:
      (1)   The drive-through lane shall be designed to accommodate stacking of at least five vehicles from the point of ordering, exclusive of required parking and driveway areas; and
      (2)   Audio equipment associated with drive-through lanes must be designed and oriented in a manner not to be audible from adjacent properties.
   (D)   Car washes (drive through, mechanical, and self-service), provided that:
      (1)   Stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30-minute period; and
      (2)   Provisions are made to control and reduce noise.
   (E)   Vehicle service stations including fuel stations, minor repair, and tire and battery stores and services, provided provisions are made to control and reduce noise affecting residential properties.
   (F)   Open or outdoor storage as an accessory use, provided that:
      (1)   The area is fenced and/or screened from view of adjacent properties and public right-of-way in compliance with § 155.031;
      (2)   The storage area is improved according to § 155.050; and
      (3)   The use does not take up parking space as required for conformity to this chapter.
   (G)   Automobile sales, farm and construction implement sales, marine sales, and lumberyards, and the rental of any of the above, provided that:
      (1)   A minimum lot area of two acres is required;
      (2)   The ratio of the building footprint to the sales lot size shall be a minimum ratio of 1:2;
      (3)   All outdoor sales areas shall be in the side and/or rear yards, and no closer to the front setback than the main structure on the site;
      (4)   Land along all public street areas shall be maintained as landscaped green areas;
      (5)   Side and rear setbacks:
         (a)   In the case of a premises adjoining an agricultural and/or residential zoning district, side and rear yard building setbacks shall be not less than 50 feet in depth and width; and
         (b)   In the case of premises adjoining a commercial, industrial and/or public/institutional zoning district, side and rear yard building setbacks shall be not less than 30 feet in width and depth.
      (6)   No outdoor speakers may be used at any time.
   (H)   Open or outdoor service, sales, and rental as an accessory use, provided that:
      (1)   Outside services, sales, and equipment rental connected with the principal use are limited to 30% of the gross floor area of the principal use; and
      (2)   Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with § 155.031.
   (I)   Crematorium, funeral home, hospital, library, mortuary, museum, post office, and any of the following uses or combination of the following uses, on the same site or in the same building, which have greater than 250 persons in the assembly area(s) utilized at the same time - auditorium, concert hall, movie theater, banquet/conference/meeting/party room, commercial recreation - indoor, place of worship, and sports training, provided that:
      (1)   The use(s) shall be located along an improved (i.e. blacktop or concrete) collector or arterial roadway as identified in the city’s Transportation Plan, but in no case shall it have direct access to an arterial roadway.
      (2)   When adjacent to, or across the street from, a property zoned residential or designated residential in the Comprehensive Plan, the following apply:
         (a)   Side, rear and parking setbacks shall be double the standard requirement, but no less than 30 feet.
         (b)   Screening is provided in compliance with § 155.031.
         (c)   A minimum of 25% green space shall be provided.
      (3)   For assembly uses with capacity for greater than 250 persons in the assembly area(s) utilized at the same time - with capacity calculated according to the Building Code adopted by the city - a traffic impact study shall be conducted by the city’s traffic consultant at the expense of the applicant. The traffic impact study shall assess the potential short-term and long-term traffic impacts associated with the proposed use on the site itself and on adjacent roadways. The traffic impact study shall identify appropriate mitigation and/or recommendations to offset projected impacts, which the user shall responsible for implementing at its sole cost.
      (4)   The user operates the assembly consistent with an operations plan approved by the city that shall prescribe typical start and end times for the primary activity or activities constituting the use (e.g. motion picture showings, worship service times, or other assembly function), in addition to accessory uses. The operation plan shall be based on the traffic impact study, nearby land uses and other related factors, and incorporated into a conditional use permit agreement.
      (5)   Any modification of an existing use which intensifies the use and/or surpasses the 250 person capacity threshold shall require an amended conditional use permit and shall be subject to divisions (I)(3) and (4) above.
   (J)   Parking as a principal use, provided that:
      (1)   The area is located adjacent to or reasonably near the businesses the parking lot is intended to serve; and
      (2)   If access to the parking lot is through an adjacent parcel, the applicant shall be required to obtain a permanent access easement from the adjacent parcel before the conditional use permit is approved;
   (K)   Pet stores, provided that:
      (1)   All activity shall be within a completely enclosed building with soundproofing and odor control.
      (2)   Animals shall not cause annoyance or disturbance to another person by frequent howling, yelping, barking or other kinds of noise. This division shall only apply when the noise has continued for a ten-minute period. This requirement shall apply to the cumulative barking from the kennel, including one or several dogs.
      (3)   Outdoor kennels are prohibited.
      (4)   The owner of the pet store shall maintain a valid city commercial kennel license and shall comply with all applicable city and state building, health and maintenance standards.
      (5)   The pet store shall be subject to a reasonable limitation on the total number of animals for the size of the facilities. This limitation shall be determined by the city based on the size of the property upon which the use occurs, the uses of adjoining properties, and the existence of buffering and other applicable factors as determined by the city.
   (L)   Pawn shops as regulated by Chapter 115.
   (M)   Off-site services, provided that:
      (1)   The maximum size building occupancy is 5,000 square feet.
      (2)   At least 50% of the floor area specific to the off-site business must be dedicated to office, retail, or showroom uses and be open to the public a minimum of 40 hours per week.
      (3)   The office, retail and showroom uses and principal building entrance shall be oriented to the highest classification road in a manner similar to nearby commercial users.
      (4)   All other business activities within the building shall be limited to storage and assembly and shall not create any noise audible from the exterior of the building.
      (5)   All service and delivery vehicles shall be parked in the rear of the lot or, for corner or thru lots, the opposite side of the building from the higher classification road.
      (6)   Service and delivery vehicles are limited in number to no more than one per 400 square feet of building occupancy, rounded to the nearest whole number.
      (7)   All service and delivery vehicles shall fit within standard parking stall dimensions.
      (8)   Service and delivery vehicle parking areas shall be screened with landscaping if adjacent to an existing or planned residential use or a public roadway.
      (9)   The height of the building shall be limited to no more than the height of the tallest structure on any adjacent properties, or no more than 18 feet if no adjacent property has a structure at the time of application.
   (N)   Day care center or pre-school with the licensed capacity to serve more than 250 persons at one time, provided that:
      (1)   The use shall be located along an improved (i.e. blacktop or concrete) collector or arterial roadway as identified in the city’s Transportation Plan, but in no case shall it have direct access to an arterial roadway.
      (2)   When adjacent to, or across the street from, a property zoned residential or designated residential in the Comprehensive Plan, the following apply:
         (a)   Side, rear and parking setbacks shall be double the standard requirement, but no less than 30 feet.
         (b)   Screening is provided in compliance with § 155.031.
         (c)   A minimum of 25% green space shall be provided.
      (3)   A traffic impact study shall be conducted by the city’s traffic consultant at the expense of the applicant. The traffic impact study shall assess the potential short-term and long-term traffic impacts associated with the proposed use on the site itself and on adjacent roadways. The traffic impact study shall identify appropriate mitigation and/or recommendations to offset projected impacts, which the user shall be responsible for implementing at its sole cost.
      (4)   The user operates the day care center consistent with an operations plan approved by the city that shall prescribe typical start and end times for the primary activity or activities constituting the use (e.g. motion picture showings, worship service times, or other assembly function), in addition to accessory uses. The operations plan shall be based on the traffic impact study, nearby land uses and other related factors, and incorporated into a conditional use permit agreement.
   (O)   Tower and wireless facilities. As found in Chapter 153.
   (P)   Other uses deemed by the Zoning Administrator to be similar to those set forth in this section and consistent with the purpose of this zoning district.
(Ord. 110, passed 11-15-97; Am. Ord. 115, passed 3-24-98; Am. Ord. 133, passed 11-14-00; Am. Ord. 0305, passed 4-8-03; Am. Ord. 0605, passed 7-25-06; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1401, passed 1-28-14; Am. Ord. 1403, passed 9-9-14; Am. Ord. 1406, passed 11-10-14; Am. Ord. 1502, passed 4-8-15; Am. Ord. 1504, passed 5-12-15; Am. Ord. 1506, passed 9-8-15; Am. Ord. 2001, passed 7-14-20)