§ 29-110. B-3 highway commercial.

(a)

General description and intent. This section applies to the B-3 highway commercial district. This district is intended for uses at locations along major highways and arteries that are not suited for lower intensity uses. It is recognized that uses within this district typically involve substantial interruption of traffic movement and are not compatible with adjacent low-density residential areas. To minimize land use conflict, curb cuts should be minimized and adjacent areas should be zoned in a manner that assures a gradual decrease in use intensity from this district to stable low density residential areas. Because of the impact on traffic flow and adjacent land uses, this zone should not be extended in a strip manner; but should be located so that permitted uses are grouped.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Retail outlets.

(2)

Beauty shop and/or barbershop.

(3)

Day care center.

(4)

Shoe repair shop.

(5)

Tailor shop.

(6)

Seamstress shop.

(7)

Commercial indoor amusement facility.

(8)

Clinic.

(9)

Financial institutions.

(10)

Theaters.

(11)

Professional offices.

(12)

Restaurants.

(13)

Drugstore.

(14)

Grocery store.

(15)

Cleaners and laundry.

(16)

Personal services.

(17)

Recreational facilities such as bowling alleys, gymnasiums, and athletic clubs.

(18)

Gasoline filling stations. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(19)

Automobile sales. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(20)

Motel.

(21)

Nursing home.

(22)

Hospital.

(23)

Restaurant.

(24)

Undertaking establishments.

(25)

Tire sales and services. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(26)

Mini-warehouses.

(27)

Plant nurseries.

(28)

Lumber companies and building supply companies.

(29)

Wholesale establishments.

(30)

Outdoor advertising signs.

(31)

Restaurant, entertainment.

(32)

Automobile repair garage, body shops, painting, upholstering, reconditioning, excluding major truck repairing and overhauling. These activities shall be carried on indoors. There shall be no outside long term (over sixty (60) days) storage of vehicles, parts or equipment. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(33)

Furniture sales.

(34)

Small engine repair. (No outside storage of parts or equipment.)

(35)

General office.

(36)

Drive-in and fast food establishments.

(37)

Drive-up window.

(38)

Diner.

(39)

Commercial indoor recreation facility.

(c)

Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of the public health, safety and welfare:

(1)

Veterinary clinic.

(2)

Kennel.

(3)

Churches (see section 29-37(b)(12)).

(4)

Public and semipublic uses.

(5)

Buildings taller than three (3) stories.

(6)

Multifamily dwelling units up to twenty-one (21) units per gross acre.

(7)

Single-family residences, only when this use is located in an existing structure that was originally designed and constructed for residential purposes; and only when operating in conjunction with a permitted use.

(8)

Other uses deemed appropriate in the opinion of the planning commission which conform to the basic intent of this district, and which can be demonstrated to be equal to or less intense than other permitted uses in this district.

(9)

Service clubs and lodges.

(10)

Emergency residential child welfare care facility, only when this use is located in an existing functionally obsolete residential structure.

(11)

Residential child welfare care facility, only when this use is located in an existing functionally obsolete residential structure.

(12)

Institutional and nonprofit uses not listed under uses permitted.

(13)

Tavern.

(14)

Nightclub.

(15)

Private club.

(d)

Parking requirements. Parking shall be in accordance with provisions of article V, division 2. Parking will be permitted in the first twenty (20) feet (closest to the building) of the required forty-foot setback.

(e)

Height and area requirements. The following height and area requirements apply to this district:

(1)

Height requirements. No building shall exceed three (3) stories or thirty-five (35) feet in height. The height shall be measured from the finished floor level (FFL).

(2)

Space requirements.

a.

Front yard: A minimum setback of forty (40) feet. Ten-foot adjoining right-of-way must be maintained as natural groundcover or landscaped area excluding ingress and egress.

b.

Side yard: A minimum setback of twenty (20) feet for total side yards. No side yard shall be less than five (5) feet. A required five-foot strip along both side property lines must be maintained as natural groundcover or landscaped area.

c.

Rear yard: A minimum setback of twenty (20) feet. A required ten-foot strip along the rear property line must be maintained as natural groundcover or landscaped area.

(3)

Setback for gasoline pumps. The minimum front setback for gasoline pumps and gasoline pump islands shall be reduced from forty (40) feet to twenty-five (25) feet. This does not include any buildings.

(f)

Screening. Where a B-3 district abuts a residential use or is across the street from a residential district a compact evergreen screen or permanent-type opaque fence of wood or masonry construction having a height of not less than six (6) feet shall be erected and maintained between such parking areas, interior lot lines, and the residential zone in conformance with all other codes of the city. Any light used to illuminate the parking area shall be so arranged as to reflect the light away from adjacent properties or from properties located across the street.

(Ord. No. 4807, as amended, § 16, 2-2-81; Ord. No. 5430, §§ 4, 5, 7, 9, 4-1-91; Ord. No. 5515, § 2, 9-21-92; Ord. No. 5931, § 1E, 2-5-01; Ord. No. 6175, § 2, 5-1-06; Ord. No. 6199, § 2, 11-6-06; Ord. No. 6297, §§ 1, 3, 11-2-09; Ord. No. 6350, §§ 2—4, 4-18-11)