(a) Bank, financial institutions. Such establishments shall be permitted only:
(1) When part of a multi-establishment building, in which the majority of the uses are permitted by right in the Office Building District; or,
(2) When such an establishment is the principal use in a building, it shall only be permitted when part of a multi-building development whose principal uses are permitted by-right in the Office Building District.
(b) Car wash.
(1) Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.
(2) Any proposed loudspeaker system shall be approved as part of the conditional use application.
(3) All access drives shall be located as far as practicable from existing intersections in order to minimize congestion and constricted turning movements.
(4) A car wash shall provide two stacking spaces per bay/stall for self-service establishments and five stacking spaces per bay/stall for an automated establishment. Each stacking space shall be a minimum of ten feet by twenty feet.
(c) Drive-thru facility in association with a permitted use.
(1) Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.
(2) Any proposed loudspeaker system shall be approved as part of the development plan.
(3) All access drives shall be located as far as practicable from an existing intersection in order to minimize congestion and constricted turning movements.
(4) Such facilities shall comply with the regulations in Section 1292.07, Off-street Waiting Spaces for Drive-thru Facilities.
(5) Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
(d) Golf course.
(1) The proposed use shall not generate excessive noise, odor, dust, or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.
(2) Delivery trucks shall not be used as refreshment stands, souvenir stands, and/or concession stands.
(3) All activities, programs and other events shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
(4) An adequate number of public restrooms shall be provided and maintained.
(5) Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
(6) Only incidental retail uses such as a snack bar, shall be permitted as an accessory use to a golf course. Such facility shall be provided for the convenience of customers attending the golf course, and no sign advertising the retail use shall be permitted.
(7) The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.
(8) Golf courses, including tees, fairways, greens, and golf driving ranges shall be designed and landscaped in such a manner as to reasonably prevent a misfired ball from landing out of the golf course.
(e) Motor vehicle sales.
(1) Service garage, leasing department, and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of motor vehicles provided these activities are conducted in a wholly enclosed building.
(2) Only the repair of vehicles customarily associated with the permitted vehicle sales shall be permitted and shall be conducted entirely inside a suitable building.
(3) No junk or inoperative vehicles shall be permitted to remain outside on the property for more than seventy-two hours.
(4) Display areas for vehicles for sale shall be located on a paved surface and shall be setback a minimum of twenty feet from any public right-of-way. The outdoor display area for vehicles shall comply with the other applicable parking setback requirements for the district in which the lot is located or be at least ten feet, whichever is greater.
(5) Lighting for all areas used for the outdoor display of motor vehicles shall be reviewed by the Planning Commission to insure that surrounding uses are not negatively impacted by the proposed site lighting.
(f) Outdoor storage of equipment. The area of the lot devoted to the storage of equipment shall not exceed twenty-five percent of the gross floor area of the principal building.
(g) Personal Services. Such establishments shall be permitted only:
(1) When part of a multi-establishment building, in which a majority of the uses are permitted by right in the Office Building District; or,
(2) When such an establishment is the principal use in a building, it shall only be permitted when part of a multi-building development whose principal uses are permitted by-right in the Office Building District.
(h) Public service/maintenance facility.
(1) Facilities shall be limited to structures that are essential for the distribution of services to the local area.
(2) Outdoor storage of fleet vehicles used in the operation of the facility may be permitted provided such storage areas are located in the side or rear yard on a paved surface and are screened in accordance with Chapter 1298 Landscaping, Screening, and Outdoor Lighting Regulations. Areas devoted to outdoor storage of fleet vehicles shall comply with all side and rear parking setbacks in the applicable zoning district, or ten feet whichever is greater.
(i) Restaurant. Such establishments shall be permitted only:
(1) When part of a multi-establishment building, in which the majority of the uses are permitted by right in the Office Building District; or,
(2) When such an establishment is the principal use in a building, it shall only be permitted when part of a multi-building development whose principal uses are permitted by-right in the Office Building District.
(3) When part of a larger development or permitted use of the property in the Mixed-Use Development District.
(4) When located within the structure of the principal use in the Mixed-Use Development District.
(5) In a Mixed -Use Development District when no drive-thru is present.
(j) Sales, service, repair and/or storage of farm implement, construction equipment, recreation vehicles, or other large equipment.
(1) Service garage, leasing department and other activities customarily incidental to a dealer shall be permitted as accessory to the sale of equipment/vehicles provided these activities are conducted in a wholly enclosed building.
(2) Only the repair of vehicles customarily associated with the permitted principal use shall be permitted and shall be conducted entirely inside a suitable building.
(3) Display area for vehicles for sale shall be located on a paved surface and shall be setback a minimum of twenty feet from any public right-of-way. The outdoor display area for vehicles or equipment shall comply with the applicable parking setback requirements for the district or be at least ten feet, whichever is greater.
(4) No junk or inoperative vehicles shall be permitted to remain outside on the property for more than seventy-two hours.
(k) Retail establishment. Such establishments shall be permitted only:
(1) When part of a multi-establishment building, in which the majority of the uses are permitted by right in the Office Building District; or,
(2) When such an establishment is the principal use in a building, it shall only be permitted when part of a multi-building development whose principal uses are permitted by-right in the Office Building District.
(3) When all activities, except off-street parking and loading, are conducted entirely inside a suitable building.
(l) Utility substation/distribution facility: indoor.
(1) Public utility structures, including substations, shall be permitted as a conditional use only when the distribution of service is essential to the immediate neighborhood or when topological features restrict the location of such facility.
(2) Natural or man-made barriers shall be provided to lessen any intrusion into surrounding districts.
(3) Storage of materials shall be within a completely enclosed building.
(4) Substations, as measured from the outermost edge of the facility, shall be located a minimum of fifty feet from any Country Home Residential District property line.
(5) Wireless telecommunication facilities shall comply with Chapter 1278.
(m) Outdoor display/sales. The outdoor display of merchandise for sale, except motor vehicle sales establishments, shall comply with the following:
(1) Outdoor display of merchandise for sale shall be accessory and limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display of merchandise for sale by any person operating or conducting a business that is different or distinct from the principal business conducted at that location.
(2) The area of the lot devoted to outdoor display shall not exceed fifteen percent of the ground floor area of the building(s) on the lot. The Planning Commission may grant an exception to this requirement when the ground floor area is 5,000 square feet or less.
(3) The outdoor display area shall comply with the building setback requirements for the district in which the lot is located.
(4) The outdoor display area shall not be located in areas intended for traffic and pedestrian circulation or parking as identified on the approved development plan;
(5) Any proposed outdoor display areas shall be approved as part of a Development Plan Review in accordance with Chapter 1258.
(n) Warehousing and storage. Warehousing and storage shall only be permitted as an accessory and incidental use to the principal permitted use in the Mixed-Use Development District. To be considered an accessory use, the Planning Commission must determine that the use meets the following criteria:
(1) The floor area occupied by the warehousing and storage is less than the floor area occupied by the principal permitted use.
(2) The warehousing and storage is related and supportive of the principal permitted activity.
(o) Indoor amusement park. Indoor amusement parks shall comply with the following:
(1) The facility shall include a diverse number of thrill rides such as roller coasters and other mechanical rides; midway games and arcade activities; and soft play kiddie activities commonly found in outdoor amusement parks.
(2) The facility may include water rides and sports activities when part of the overall amusement park experience.
(3) The facility shall not be dedicated strictly to indoor sports activities.
(4) The facility shall be designed to be enjoyed by all ages.
(p) Performing arts facility. Performing Arts Facilities in the Mixed-Use Development District shall only be permitted when:
(1) They include theater and concert venues that allow live performances.
(2) They may include a theater for the showing of a feature film provided the space is clearly incidental and secondary to the live performance venues.
(q) Indoor water park. Indoor water park shall comply with the following:
(1) The facility shall be an indoor interactive water facility. Facilities and activities may include, but shall not be limited to, an indoor water coaster, an interactive water play center, and a wave pool.
(2) The facility may include arcade and midway type games as a secondary and accessory use.
(3) The facility may provide spa, fitness and salon services provided that the use of such facilities shall be limited to guests of the water park only.
(4) The facility shall provide suitable changing and locker facilities for guests.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2014-12. Passed 1-20-15.)