§ 155.157. CONDITIONAL USES.

Within any RB retail business district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit:

(A) Outdoor display or sales conducted by an occupant of the shopping center;

(B) On-sale liquor;

(C) Multiple dwellings when integrated into multi-use structure;

(D) Service bays as accessory uses for the installation of auto accessories in conjunction with an appliance store or auto accessory store provided there are no more than two bays which shall be screened and oriented as required by the City Council;

(E) Private clubs and lodges not operated for a profit;

(F) Motor fuel stations and minor auto repair facilities;

(G) Major auto or truck repair in conjunction with a motor fuel station;

(H) Restaurants (Class II) when located no closer than 1,000 feet from any residential or institutional use;

(I) Buildings constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when:

(1) The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings adjacent to the site.

(2) The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required.

(3) Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block.

(J) Carwash operations under either of the following conditions:

(1) In conjunction with and accessory to a motor fuel sales operation. The car wash to be restricted to one bay and must be incorporated into the primary structure and subject to the same design standards as a motor fuel station as stipulated in § 155.356.

(2) As a freestanding operation on its own lot. The facility must be located on a lot having no street frontage on a roadway identified as either a major or minor arterial, or as a community or neighborhood collector, in the thoroughfare plan of the city’s comprehensive plan. Where the wash lane entry or staging area is visible from the street or adjacent to a less intensive use, appropriate screening shall be installed and shall consist of berms, landscaping, opaque fence or some combination thereof. The facility must also be located no closer than 250 feet to a residential use, as measured from lot line to lot line.

(K) Major anchor/center sign subject to the requirements of Chapter 154.

(L) Towers as regulated in § 155.385.

(M) Drive-through window in conjunction with a Class III Neighborhood Restaurant, when the following requirements are met:

(1) The City Council shall find that any noise, headlights, traffic volume and emissions from idling vehicles resulting from the operation of the window does not negatively impact surrounding residential and institutional uses.

(2) The drive-through lane shall not impede or conflict with vehicular, bicycle or pedestrian traffic circulation on the site, as determined by the City Traffic Engineer.

(3). When a neighborhood restaurant is located less than 1,000 feet from residential or institutional use, the City Council may restrict the hours of operation of a drive-through window to mitigate any adverse impacts caused by noise, headlights, traffic volume and emissions from idling vehicles.

(‘81 Code, § A1-37) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 469, passed 12-21-89; Am. Ord. 494, passed 9-20-90; Am. Ord. 760, passed 10-14-04; Am. Ord. 823, passed 10-25-07)