§ 70-139. Conditional uses.  


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  • 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. 
    All conditional uses set forth in Article XVI applicable to Business A Districts.
    B. 
    Building used for storage and sale of materials at wholesale, provided that the materials handled are of the same general character as those permitted to be sold at retail in a Business B District.
    C. 
    Animal hospital, dog kennel, livery stable.
    D. 
    Creamery, butter or cheese making, milk or other bottling or distributing station.
    E. 
    Newspaper or job printing, bookbinding.
    F. 
    Manufacturing of articles not prohibited under Article XIX when carried on in existing buildings and when adequate provision is made for off-street parking.
    G. 
    Places of amusement and recreation areas as follows:
    (1) 
    Bowling alleys.
    (2) 
    Billiard hall.
    (3) 
    Skating rink.
    (4) 
    Miniature golf.
    (5) 
    Batting or golf driving range.
    (6) 
    Kiddie amusement center, except go-cart, trampoline, midget auto uses or amusement arcades.
    H. 
    Automatic car wash carried on in an enclosed building, subject to the provisions of § 70-203T.
    [Amended 1-24-2006 by L.L. No. 2-2006; 10-3-2006 by L.L. No. 14-2006]
    I. 
    Accessory building on the same lot with and customarily incidental to any of the above permitted uses in accordance with a plot plan approved by the Board of Zoning and Appeals.
    [Amended 1-24-2006 by L.L. No. 2-2006; 10-3-2006 by L.L. No. 14-2006]
    J. 
    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.
    K. 
    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.
    Editor's Note: Former § 70-139.1, 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 9-13-1983 by L.L. No. 6-1983; 6-8-1999 by L.L. No. 7-1999