§ 23.04.07. B-3 General Business Zone.

(A)

Principal permitted uses: Any use permitted and as regulated in the B-2 and B-2D Zones, except as hereinafter modified in the following general conditions:

(1)

All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for the sale of automobile fuel, lubricants and fluids at service stations, loading and unloading operations, parking, the outdoor display or storage of vehicles, materials and equipment and the uses specified in Paragraphs (A)(9), (10) below.

(2)

No building customarily used for night operations, such as a bakery or milk bottling and distribution station, shall have any opening, other than stationary windows or required fire escape within 100 feet of any R-Zone and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 100 feet of any R-Zone.

(3)

Eating and drinking establishments—Drive-in, drive-through, and eating and drinking places, provided the principal building shall be at least 200 feet from any R-l or R-2 Zone.

(4)

Hospitals—Any hospital for human care, provided that buildings which are used for the treatment of contagious diseases and substance abuse, shall be at least 200 feet from any lot in any R-Zone. Minimum lot area: Two acres, 200 feet frontage, front yard depth 25 feet; side yard widths 290 feet, rear yard depths 50 feet; hospitals for contagious diseases and substance abuse; five acres, 400 feet frontage.

(5)

Animal hospitals and any enclosures or buildings in which the animals are kept—At least 200 feet from any R-Zone and at least 100 feet from any B-Zone.

(6)

Commercial recreation—At least 200 feet from any R-Zone.

(7)

Building and related trades and printing and related trade—At least 100 feet from any R-1 or R-2 Zone.

(8)

Bottling works—At least 100 feet from any R-Zone.

(9)

Miscellaneous trades and businesses—At least 50 feet from any R-Zone.

(10)

Contractors' yards and related establishments—Building material yards, not including concrete mixing, contractors' equipment storage yard or plant and rental of equipment commonly used by contractors; trucking or motor freight stations or terminals; retail lumber yards, including incidental millwork; storage and sale of grain, livestock feed or fuel; carting, express or hauling establishments, including storage of vehicles; provided such uses are conducted either:

(a)

Wholly within a completely enclosed building, except for storage of vehicles which building shall be at least 100 feet from any R-Zone, unless such building has no openings other than stationary windows and required fire exits within such distance, but at least 50 feet of any R-Zone in any case; or

(b)

When conducted within an area completely enclosed on all sides with a solid wall or solid fence not less than six feet high, but at least 200 feet of any R-Zone; provided further that all storage yards related to the uses in this paragraph shall be enclosed.

(11)

Agricultural—Nurseries, greenhouses and general farming, not including commercial animal farms or kennels provided any lot or tract in such use shall be not less than five acres in area and provided that any greenhouse heating plant or any building in which farm animals are kept shall be not less than 200 feet from every lot line.

(12)

Sexually oriented business uses:

(a)

A sexually oriented business shall not be operated or located on any parcel within 1,000 feet of:

(1)

Any building which is used primarily for religious worship and related religious activities;

(2)

A public or private school as defined in Chapter 23.10 of the zoning code;

(3)

A boundary of any residential zoning district;

(4)

A public park as defined in Chapter 23.10 of the zoning code;

(5)

Any public library; or

(6)

Any other sexually oriented business.

(b)

No such business shall be located on any parcel or operated within 500 feet of any landmark or historic district.

(c)

Such businesses shall only be located in a B-3, planned unit development, or M zone.

(d)

No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.

(e)

All building openings, entries, windows, etc. For adult uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.

(f)

No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.

(g)

For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or school, or to the nearest boundary of an affected public park, or residential district.

(h)

For the purposes of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.

(i)

No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material, or any live performance which, taken as a whole, contains serious literary, artistic, political, medical educational or scientific value.

(j)

Any sexually oriented business lawfully operating on the effective date of Section 23.04.07(13) of this code that is in violation shall be deemed a nonconforming use. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private school, residential district, public park, or library within 1,000 feet, or a landmark or historic district within 500 feet, of the sexually oriented business. When a nonconforming sexually oriented business use of a structure, building, or premises is voluntarily discontinued or abandoned for more than six months, the structure, building, or premises shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.

(13)

Sweepstakes/internet café business uses:

(a)

A sweepstakes/internet café business shall not be operated or located on any parcel within 1,000 feet of:

(1)

Any building which is used primarily for religious worship and related religious activities;

(2)

A public or private school as defined in Chapter 23.10 of the zoning code;

(3)

A boundary of any residential zoning district;

(4)

A public park as defined in Chapter 23.10;

(5)

Any public library; or

(6)

Any other sweepstakes/internet café business.

(b)

No such business shall be located on any parcel or operated within 500 feet of any landmark or historic district.

(c)

Such businesses shall only be located in a B-3, Planned Unit Development, or M Zone.

(d)

For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sweepstakes/internet café business is conducted, to the nearest property line of the premises of a church or school, or to the nearest boundary of an affected public park, or residential district.

(e)

For the purposes of this section, the distance between any two sweepstakes/internet café businesses shall be measured in a straight line, without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.

(f)

Any sweepstakes/internet café business lawfully operating on the effective date of Section 23.04.07(13) of this code that is in violation shall be deemed a nonconforming use. An internet café/sweepstakes business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private school, residential district, public park, or library within 1,000 feet, or a landmark or historic district within 500 feet, of the internet café/sweepstakes business. When a nonconforming sweepstakes/internet café business use of a structure, building, or premises is voluntarily discontinued or abandoned for more than six months except in conformity with the regulations of the zoning district in which it is located.

(14)

Other uses—Any other use which is determined by the BZA to be of the same general character as the above permitted uses, but not including any use which is first permitted in the M-Zone, or which is prohibited in the M-Zone.

(B)

Permitted accessory uses: Accessory uses and structures as permitted and as regulated in the B-1 Zone and such other accessory uses and structures not otherwise prohibited, customarily accessory and incidental to any of the foregoing permitted B-2 uses.

(C)

Conditionally permitted uses:

(1)

Trailer parks—Parks or camps for the accommodation of trailers, provided such uses are established in accordance with and under the provisions of this title and the following conditions are complied with:

(a)

No vehicular entrance to or exit from any trailer park shall be within 200 feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.

(b)

The sanitary regulations prescribed by the county board of health or other authority having jurisdiction, the regulations of the city building code and as may otherwise be required by law—shall be complied with.

(c)

Trailer parks shall comply with all area parking and yard requirements prescribed for such uses in the zone in which located.

(d)

The buildings, cabins and trailers in any campground or trailer park, together with any nonaccessory buildings already on the lot, shall not occupy in the aggregate more than 25 percent of the area of the lot.

(e)

Any enlargement or extension to any existing campground, or trailer park, shall require application for a zoning permit, as if it were a new establishment.

(f)

No enlargements or extensions to any trailer park or a campground shall be permitted unless the existing one is made to conform substantially with all the requirements for new construction for such an establishment.

(Ord. No. 0-137-09, § I, 12-7-2009; Ord. No. 0-56-11, § I, 6-13-2011)