§ 70-126. Conditional uses.

A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this article when authorized by the Board of Zoning and Appeals pursuant to the provisions of Article XXIV and for no other:

A. 

Hotel, as defined in § 70-231 of Article XXV of this chapter; theater other than an open-air, drive-in or automobile theater; restaurant; and bar and grill.

[Amended 3-20-2018 by L.L. No. 2-2018]

B. 

Retail store for storage, sale or distribution of ice, coal, wood, used lumber, used plumbing equipment, material or fittings, used household equipment or materials, used automotive parts, equipment or supplies, live poultry markets.

C. 

Pet shops.

D. 

Parking space for the parking, storage and sale of automobiles.

E. 

Commercial parking lot.

F. 

Retail grocery, retail food use or other store primarily selling food items packaged in units of more than one portion for consumption primarily off the premises.

[Amended 3-20-2018 by L.L. No. 2-2018]

G. 

The operation of not more than two amusement devices in conjunction with a lawfully established business. No amusement device shall be operated as authorized herein except on the following conditions:

(1) 

No amusement device shall be located outside of a building.

(2) 

No amusement device shall be located in any premises within 500 feet of any public, private or parochial school. For the purposes of this section only, the term "public, private or parochial school" shall not include schools whose students are primarily over the age of 18 years or are high school graduates.

(3) 

An amusement device may be operated only between the hours of 9:00 a.m. and 9:00 p.m. This limitation shall not apply to amusement devices located in bars, inns, diners, taverns and bowling alleys.

H. 

Accessory parking in a greater restricted district in accordance with the following and subject to such other conditions and safeguards as the Board may impose. Where a plot in a Business A District in single ownership at the effective date of this ordinance extends in depth beyond the said district into a greater restricted district, the rear portion of said plot extending into the greater restricted district may be used for accessory parking for the building erected and the use maintained on the front portion of said plot. Such accessory use, however, shall not extend to a depth greater than 200 feet when measured from the front property line of said plot, nor shall it extend to a point where the rear boundary line will be less than 100 feet from the front property line of an adjoining plot fronting on a residential street and situated in a residence district. In no event shall any part of such area permitted to be used for accessory parking be used for the storage or abandonment of any article.

I. 

Senior citizen facilities, including the following. A single building may contain any combination of the senior citizen facilities listed below.

(1) 

Senior independent-living facilities.

(2) 

Senior congregate-living facilities.

(3) 

Senior assisted-living facilities.

(4) 

Senior day-care facilities.

Editor's Note: Subsection I, allowing certain accessory buildings as conditional uses, as amended, was repealed 10-3-2006 by L.L. No. 14-2006. This local law also redesignated former Subsections J through L as I through K, respectively.

J. 

Accessory uses for senior citizen facilities. Senior citizen facilities and nursing homes may contain or provide uses necessary to and customarily incidental to such facilities where such uses are limited to use by residents, their guests and employees, as follows:

(1) 

All accessory uses, as set forth in Article VIII, applicable to Multiple Residence Districts.

K. 

Child care, nursery school or similar facility, subject to the standards and requirements set forth in § 70-203.1 of this chapter.

[Added 10-2-2001 by L.L. No. 8-2001]

Editor's Note: Former § 70-126.1, Additional conditional uses, added 1-24-2006 by L.L. No. 2-2006, which immediately followed this subsection, was repealed 10-3-2006 by L.L. No. 14-2006.

L. 

Indoor smoking establishment, as defined in §70-231, conforming to the following:

[Added 8-9-2016 by L.L. No. 7-2016]

(1) 

No such establishment shall be permitted within a radius of 500 feet of any area zoned for residential use nor within 1,000 feet of the lot line of any premises used for a school, church or other place of religious worship, park, playground or playing field, library, hospital or similar public or semipublic place of general congregation, or non-degree-granting instruction/programs, including tutoring centers, self-defense, dance, swimming, gymnastics and other sports.

(2) 

No more than one indoor smoking establishment shall be located on any lot.

Amended 1-9-1968; 5-20-1969; 6-23-1970; 1-21-1975 by L.L. No. 1-1975; 2-1-1977 by L.L. No. 2-1977; 9-13-1983 by L.L. No. 6-1983; 6-8-1999 by L.L. No. 7-1999