§ 46-427. Principal uses permitted subject to special conditions.

The following uses shall be permitted subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

(1)

Outdoor sales space for exclusive sales of new or secondhand automobiles, house trailers, or rental of trailers and/or automobiles, all subject to the following:

a.

The lot or area shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area.

b.

Access to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.

c.

No major repair or major refinishing shall be done on the lot.

d.

All lighting shall be shielded from adjacent residential districts.

(2)

Motels, subject to the following conditions:

a.

Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.

b.

Each unit shall contain not less than 250 square feet of floor area.

(3)

Business in the character of a drive-in or open front store, subject to the following conditions:

a.

A setback of at least 60 feet from the right-of-way line of any existing or proposed street must be maintained.

b.

Access points shall be located at least 60 feet from the intersection of any two streets.

c.

All lighting shall be shielded from adjacent residential districts.

d.

A five-foot high completely obscuring wall shall be provided when abutting or adjacent districts are zoned R, OS-1, OS-2, B-1, B-2, B-3 or TS districts. The height of the wall shall be measured from the surface of the ground. Said wall shall further meet the requirements of article IV of this chapter, supplemental regulations.

(4)

Veterinary hospitals or clinics, provided all activities are conducted within a totally enclosed main building; and, provided further, that all buildings are set back at least 200 feet from abutting residential districts on the same side of the street.

(5)

Plant materials nursery for the retail sale of plant materials not grown on the site, and sales of lawn furniture, playground equipment and garden supplies subject to the following conditions:

a.

The storage and/or display of any materials and/or products shall meet all setback requirements of a structure.

b.

All loading and parking shall be provided off-street.

c.

The storage of any soil, fertilizer, or other loose, unpackaged materials shall be contained so as to prevent adverse effects on adjacent uses.

(6)

Warehousing and wholesale establishments, subject to the following conditions:

a.

Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.

b.

All lighting shall be shielded from adjacent residential districts.

c.

The storage and/or display of any materials and/or products shall meet all setback requirements of a structure.

d.

All loading and parking shall be provided off-street.

(7)

Automobile service stations for the retail sale of gasoline, oil, groceries or minor accessories, including the minor repair and maintenance and such other activities whose external effects would not adversely extend beyond the property line, not including vehicle body repair, painting, steam cleaning, undercoating or engine rebuilding.

a.

The curb cuts to a service station shall not be permitted at such locations that will tend to create traffic hazards, shall be located a minimum of 25 feet to a street intersection (measured from curbline), or to a residential district.

b.

Gas pumps and maneuvering lanes shall be located to allow a minimum vehicular stacking of three vehicles (20 feet times three equals 60 feet overall) for each pump location.

c.

The minimum lot area shall be 15,000 square feet, except stations having no facilities for repair or servicing may be permitted on lots a minimum of 10,000 square feet in area.

d.

Off-street parking, in addition to those requirements for gas pumps in subsection (7)b of this section, must be provided at a rate of two for each service stall, one for each employee, and one for each 150 square feet of retail area.

e.

Signage must comply with section 46-664.

f.

There shall be provided, on those sides abutting or adjacent to a residential district, a six-foot obscuring wall or fence, measured from the average surface grade of the abutting properties.

g.

All lighting shall be shielded from adjacent residential districts.

h.

Engine and body repair when conducted on the site shall be within a completely enclosed building. The storage of automobiles on the site shall be completely obscured from public view.

i.

Sufficient space shall be provided on site for the maneuvering and parking of delivery vehicles associated with the delivery of fuel and other products.

j.

Canopies are allowed over the fueling stations subject to the conditions in this subsection. The term "canopy" means structures without walls consisting of a roof supported by a minimum number of columns and/or cantilevered from the main building.

1.

Height restrictions:

(i)

The maximum height of canopies is two-thirds of the maximum height allowed in the district.

(ii)

The minimum height is seven feet, as measured from the ground to the lowest projection of the canopy roof.

2.

Since canopies do not obstruct the visual streetscape as do walled structures, they will be allowed to project into the required yard not to exceed four-fifths of the required minimum setback; provided, however, said projection shall maintain a minimum setback of at least five feet.

3.

The maximum depth or thickness of the roof shall not exceed three feet and shall be horizontal and parallel to the ground surface.

4.

The size/width of the columns shall not exceed that necessary for structural requirements.

5.

Advertising on the canopy or columns shall not project beyond the canopy or columns in any direction and the total sign area shall not exceed 15 percent of the surface on which installed.

6.

Canopy lighting shall be internal or placed on the underside such that said lighting is directed in a downward fashion towards the fueling stations.

7.

Canopy material shall be of rigid construction. Vinyl or cloth fabric shall not be permitted.

8.

Canopies shall be maintained in good repair.

(8)

Group shelter, subject to the requirements of Article VI—Special Land Uses.

(Prior Code, § 5.123; Ord. No. 87-17, 10-2-1987; Ord. No. 92-22, 12-7-1992; Ord. No. 96-11, 8-5-1996; Ord. No. 2017-05, § 9, 4-17-2017)