§ 153.171 CONDITIONAL USES.
   Within the B-3 General Business District, no structure or land shall be used for the following uses, except by conditional use permit:
   (A)   Any conditional use regulated in the B-2 District, § 153.156, with the exception of use merchandise stores;
   (B)   Armories, convention halls, sport arenas and stadiums;
   (C)   Motor vehicle sales, as regulated in § 153.382;
   (D)   Bingo halls, provided that the establishment is located at least 600 feet when measured in a straight line from the building on which the establishment is located, to the property line from the following:
      (1)   Residentially zoned property;
      (2)   Agricultural land in the neighboring city, which is designated in the Comprehensive Plan for residential use;
      (3)   A licensed child day care facility;
      (4)   A public or private educational facility classified as an elementary, middle, junior high or senior high school; or
      (5)   A church.
   (E)   Bowling alleys, billiard and pool rooms, skating rinks, dance halls, batting cages and similar uses provided the structure in which the use is similar shall not be located within 100 feet of any R-1 or R-2 District;
   (F)   Bus terminals;
   (G)   Drive-through lanes, subject to the following provisions:
      (1)   They are not permitted in a front yard or within the setback area from the front lot line.
      (2)   Stacking space of no less than 180 feet shall be provided to assure that all vehicles awaiting service shall be parked on the premises and do not interfere with other driving areas, parking spaces, or sidewalks.
      (3)   Electronic speaker devices must not violate the noise pollution performance standards set forth in this chapter.
      (4)   Screening of automobile headlights must be provided. Screening must be at least three feet in height and fully opaque, consisting of a wall, fence, dense vegetation, berm or grade change or similar screening as determined by the city.
      (5)   A by-pass lane must be provided, allowing autos to exit the drive-through lane from the stacking area.
   (H)   Learning center, business or trade school when conducted entirely within a building;
   (I)   Electrical service, heating, plumbing, appliances, upholstery or air conditioning service shop, provided they do not employ more than six persons in repair or processing;
   (J)   Any light manufacturing process, fabrication or storage, provided all of the following conditions are met:
      (1)   The process in conducted entirely within a structure;
      (2)   The structure is no greater than 25,000 square feet in size and no more than one story;
      (3)   There are no more than 50 employees;
      (4)   The building exterior shall comply with the requirements of § 153.053 of this code;
      (5)   The landscaping for the site provides adequate screening;
      (6)   Parking meets the requirements of the light industrial zone;
      (7)   Signage is restricted to monument signs;
      (8)   Lot size is adequate to provide building coverage of no more than 30%;
      (9)   Truck traffic is limited to hours and frequency established by the City Council; and
      (10)   Loading dock areas are thoroughly screened from surrounding property and are not visible from a public street.
   (K)   Movie theaters but not the drive-in type;
   (L)   Outdoor display or storage of items at retail establishments such as building material yard, commercial greenhouse and mobile home sales;
   (M)   Pawnshops, provided that the establishment is located at least 800 feet, when measured in a straight line from the building on which the establishment is located to the property line, from the following:
      (1)   Residentially zoned property;
      (2)   Agricultural land located in the neighboring city which is designated in the Comprehensive Plan for residential use;
      (3)   A licensed child day care facility;
      (4)   A public or private educational facility classified as an elementary, middle, junior high or senior high school;
      (5)   A church; or
      (6)   A pawnshop.
   (N)   Stone and monument sales;
   (O)   Tattoo, body piercing or body art establishment, except spa establishments engaged solely in cosmetic tatooing as defined in § 111.06, provided that they are located at least 800 feet, as measured in a straight line from the building on which the establishment is located to the property line, from the following:
      (1)   Residentially zoned property;
      (2)   Agricultural land located in the neighboring city which is designated in the comprehensive plan for residential use;
      (3)   A licensed day care or day care center;
      (4)   A public or private educational facility classified as an elementary, middle, junior high or senior high school;
      (5)   A church; or
      (6)   A tattoo, body piercing or body art establishment.
   (P)   Motor vehicle rentals, as regulated in § 153.382;
   (Q)   A church existing as of the date of this section may be permitted a one-time expansion subject to approval of a site plan submitted pursuant to § 153.050;
   (R)   Columbaria, provided they are located on the same property as an existing church and located a minimum of 30 feet from any property line.
   (S)   Banquet halls, provided:
      (1)   The use is accessory to a restaurant; and
      (2)   The building and/or any outdoor facilities in which the banquet hall is located shall be a minimum of 100 feet from residentially zoned property.
(Ord. 02-11, passed - -; Ord. 05-03, passed - -; Ord. passed 10-11-1963; Ord. 14-05, passed 9-8-2014; Ord. 17-15, passed 12-11-2017; Ord. 19-16, passed 10-14-2019; Ord. 21-006, passed 4-26-2021; Ord. 21-007, passed 6-14-2021; Ord. 21-008, passed 6-14-2021; Ord. 22-003, passed 2-28-2022; Ord. 23-011, passed 8-14-2023)