1166.04 USES.
   (a)    Permitted and Conditional Uses in the Salem Avenue Redevelopment Area (SARA) shall be those uses permitted in the R-B Regional Business District, except as modified herein. Uses listed below as not permitted may be considered for exception upon application to the Planning Commission for consideration as a conditional use in the SARA Overlay District. Approval may be granted by Planning Commission only upon demonstration that the proposed use is compatible with other uses in the District and carries out the intent of the SARA District.
   (b)    Uses not permitted.
      (1)    The following Retail Uses shall not be permitted:
A.   Second Hand and used goods stores. This shall not exclude Antique Stores as defined as follows:
Antiques (Latin antiquus, old) are objects which have reached an age which makes them a witness of a previous era in human society. Antiques are usually objects which show some degree of craftsmanship, or society, an antique is above all an object whose atypical construction and age give it a market value superior to similar objects of recent manufacture.
The definition of antique varies from source to source, product to product and year to year. But, some time-tested definitions of antique deserve consideration:
An item which is at least 100 years old and is collected or desirable due to rarity, condition, utility, or some other unique feature. Motor vehicles, tools and other items subject to vigorous use in contrast, may be considered antiques in the U.S. if older than 25 years, and some electronic gadgets of more recent vintage may be considered antiques.
Antique (noun) - Any piece of furniture or decorative object or the like produced in a former period and valuable because of its beauty or rarity.
         B.   Carry-outs and other businesses primarily retailing beer, wine and diluted alcohol.
         C.   Weapon Sales as a primary use.
         D.   Pawnshops
         E.   Adult businesses
         F.   Used vehicle sales, except as an accessory to a new car dealership on the same or adjacent parcel.
         G.   Truck and motorcycle sales, service, rental and leasing.
         H.   Taverns, bars and nightclubs except as an integral part of a hotel or restaurant.
      (2)    The following Commercial Recreation Uses shall not be permitted:
         A.   Adult businesses
         B.   Outdoor recreation, except publicly-owned facilities
         C.   Bingo Halls, pool halls, shooting ranges, penny arcades
      (3)   The following Personal and Professional Services shall not be          permitted:
         A.    Animal boarding, animal hospitals and veterinarian             facilities
         B.   Hospitals
         C.   Funeral homes and mortuaries
         D.   Car Washes
         E.    Adult and child day-care facilities
   (4)    The following Miscellaneous Uses shall not be permitted:
         A.   Storage and warehouse facilities, including mini-warehouses
            (Ord. 09-07. Passed 3-19-07.)