§ 8.2. Conditional uses.
It is found and declared that there exist uses and activities that have potentially serious objectionable and deleterious effects on the public health, safety, morals and welfare and that it is in the public interest to introduce special regulation of such uses and activities to abate or eliminate adverse effects contributing to a blighting or downgrading of surrounding neighborhoods and businesses. It is the purpose of this section, therefore, to safeguard the best interests of the citizens of the city, to protect and enhance the quality of the environment and to promote the public health, safety and welfare by achieving the following:
A.
Providing appropriately located areas for the various uses listed herein to meet the needs of the city.
B.
Supporting development compatibility with surrounding uses and neighborhoods while suggesting uniqueness and character.
C.
Protecting the property values of existing business developments from inappropriately located uses and to enhance the investment of residents and business owners.
D.
Encouraging uses to be grouped.
Any person requesting a permit under this section shall submit an application and shall submit sufficient evidence demonstrating compliance with standards contained herein. Permits issued under this section are non-transferable.
8.2.1. Uses. Upon recommendation and favorable decision by the City Council, subject to additional stipulations as may be required by the mayor and council, the following uses may permitted as conditional uses in the appropriate district(s) as reflected in section 8.2.2.
(a)
Auto leasing establishments. Auto leasing establishments are those establishments whose primary business is the leasing of motor vehicles by the day or week(s) as opposed to long-term leasing for more than one calendar year. The purpose of this section is to ensure that automobile leasing establishments and/or the display of vehicles on the premises of automobile leasing establishments do not create an adverse impact on adjacent properties and surrounding neighborhoods due to insufficient on- site customer and employee parking, traffic congestion, visual blight, bright lights, noise, fumes or drainage run-off and to ensure compatibility with adjacent uses and surrounding neighborhoods and businesses. In addition to an application for a conditional use permit, the applicant shall submit sufficient evidence to demonstrate compliance, and at all times thereafter remain compliant with each of the following standards:
i.
Auto leasing establishments shall be situated on at least three acres;
ii.
Auto leasing establishments shall be located in a stand-alone building, permanently constructed, with at least 1,500 square feet of heated space in size;
iii.
Auto leasing establishments shall be located in a building completely constructed of stucco or brick;
iv.
Any freestanding sign identifying the business premises shall be a monument sign constructed of the same materials as the building; and
v.
A drive-through carwash is permitted on-site but shall adhere to each of the following requirements:
1.
A drive-through car wash shall be completely enclosed by an opaque, decorative fence. No chain link or slat fences are permitted;
2.
A drive-through car wash shall not be visible from an arterial or collector street; and
3.
A drive-through car wash shall be considered an accessory structure on the property. No further accessory structures shall be permitted.
(b)
Automobile sales. Automobile sales shall include establishments that sell passenger cars, trucks and vans with less than 8,500 lbs. gross vehicle weight rating to the general public and shall include the long-term leasing of automobiles for more than one calendar year. The purpose of this section is to protect residential areas and adjacent properties from fumes, noise, bright lights, blight and drainage run-off and to ensure compatibility with adjacent uses and surrounding neighborhoods and businesses. In addition to an application for a conditional use permit, applicant shall submit sufficient evidence to demonstrate compliance, and at all times thereafter remain compliant with each of the following standards:
i.
All vehicles on the sales lot shall be in operating condition at all times;
ii.
No repairs shall be conducted on the premises;
iii.
The sales office shall be permanently constructed and shall comply with building and architectural codes;
iv.
All-weather-paved driveways and parking areas shall be properly curbed and landscaped;
v.
Automobile sales premises shall contain not less than three acres of land all of which shall be dedicated exclusively to the sales area and shall be a separate parcel not part of a larger tract such as strip mall or similar locations;
vi.
No automobile sales permits shall be issued when the total number of such licenses issued equals more than one per each 2,000 persons residing in the City. Insubstantial increases in population shall not be the basis for issuing an additional license. The population shall be determined from the most recent annual population estimates as compiled by the U.S. Census Bureau; and
vii.
Only businesses properly licensed as used car dealers may sell used cars from their premises. Businesses not so licensed shall not allow third parties to park or otherwise offer used cars for sale on their premises.
(c)
Auto service establishments. Auto service establishments are defined in Article II, Section 2.3. The purpose of this section is to mitigate the negative effects of potential noise, fumes, litter, harmful run-off, contaminates, spillage, impervious surfaces, parking problems and to ensure compatibility with adjacent uses and surrounding neighborhoods and businesses. In addition to an application for a conditional use permit, the applicant shall submit evidence sufficient to demonstrate compliance, and at all times thereafter remain compliant with the following standards:
i.
The minimum land area set aside and exclusively devoted to auto service establishments shall total at least 20,000 square feet;
ii.
All storage, parts, waste materials and/or inoperative vehicles and all service activities shall be carried out and/or accommodated entirely within enclosed buildings;
iii.
All buildings shall be located at least 50 feet from adjacent street right-of-way lines;
iv.
All exterior parking, maneuver and driveway areas shall be constructed with an all-weather-paved surface surrounded by a raised curb. The surrounding raised curb must be located in such a manner so that no vehicle can be parked within 15 feet of a street right-of-way line nor within five feet of any other property line;
v.
Aisles, drives and accessways shall be adequately designed for vehicle movement and access for service and/or emergency vehicle;
vi.
Auto service establishments shall not be located within 1,500 feet of a parcel zoned for residential use;
vii.
Garage doors or bays shall neither front nor lay in the line of sight of parcels zoned for residential use;
viii.
Proximity to restaurants and food service establishments should be considered and reviewed;
ix.
The applicant shall provide a list of all chemicals and equipment expected for use in the normal operation of the auto service establishment, with a yearly update of said chemicals required as part of the business license renewal process. The list of chemicals must include a material safety data sheet (MSDS) or equivalent as provided by the manufacturer, per chemical; and
x.
The sprinkler system shall comply with NFPA 13.
(d)
Banquet facility. Banquet facility is defined in Article II, Section 2.3. The purpose of this section is to promote diverse economic uses and to ensure compatibility with adjacent uses and surrounding neighborhoods and businesses. For this reason, a banquet facility cannot be located closer than one-half mile from the outermost boundaries of the TCMU zoning district. Banquet facility is a conditional use in zoning classifications C-2 and C-3 and is not a permitted use in any other zoning district.
(e)
Clothing and apparel retail establishment. Clothing and apparel retail establishment is defined in Article II, Section 2.3. The purpose of this section is to promote diverse economic uses and to ensure compatibility with adjacent uses and surrounding neighborhoods and businesses. Clothing and apparel retail establishments must carry at least four different types or categories of clothing items. Clothing and apparel retail establishment is a conditional use in zoning classification TCMU and is a permitted use in zoning classifications C-2, C-3, RMX and MPMUD.
(f)
Cosmetology and barbering supply establishments. Cosmetology and barbering supply establishments are defined in Article II, Section 2.3. The purpose of this section is to mitigate negative environmental and health effects, to reduce pollutants, promote diverse economic uses, to increase water quality and to ensure compatibility with adjacent uses and surrounding neighborhoods and businesses. Cosmetology and barbering supply establishments may exist alone or as a combined establishment and may exist in a shopping center. In addition to an application for a conditional use permit, the applicant shall submit evidence sufficient to demonstrate compliance, and at all times thereafter remain compliant with the following standards:
i.
Barbering and beauty supply establishments may exist in planned shopping centers or multi-tenant buildings;
ii.
A suite occupied by a barbering and beauty supply establishment in a shopping center or multi-tenant building shall be at least 1,000 square feet in size;
iii.
Stand-alone structures housing barbering and beauty supply establishments shall be situated on at least a 20,000 square foot parcel;
iv.
A cosmetology or barbering supply establishment shall be the single tenant located in the stand-alone building, containing at least 2,500 square feet of heated space, or up to 20 percent of the total parcel area, and entirely constructed of either brick or stucco;
v.
Stand-alone structures housing barbering and beauty supply establishments shall comply with the parking regulations for retail establishments, as stated under section 2, article VI of appendix A. Sharing or leasing spaces from an adjacent parcel is expressly prohibited;
vi.
Stand-alone structures housing barbering and beauty supply establishments shall devote 25 percent of the parking area to interior landscaping;
vii.
Any freestanding sign identifying barbering and beauty supply establishments shall be a monument sign constructed of the same material as the building, unless attached to a pre-existing multi-tenant sign;
viii.
A 20-foot landscaping buffer shall exist on all arterial or collector streets;
ix.
Barbering and beauty supply establishments shall only occupy a parcel that fronts an arterial street on at least one side;
x.
Absolutely no cosmetology or barbering services shall be performed at barbering and beauty supply establishments, without approval of a conditional use permit by the mayor and council; and
xi.
All chemicals and products for sale shall remain sealed by the manufacturer. Unsealed chemicals or products shall be listed with a yearly update of said chemicals required as part of the business license renewal process. The list of chemicals must contain a material safety data sheet (MSDS) or equivalent as provided by the manufacturer, per chemical.
(g)
Cosmetology and barbering schools and colleges. Cosmetology and barbering schools and colleges are defined in Article II, Section 2.3. The purpose of this section and standards with which the applicant must comply shall be the same standards set forth in section 10.4(d) of this Article.
(h)
Day care facility. Day care facilities are defined in Article II, Section 2.3. The purpose of this section is to promote continued and safe operation of day care facilities, to eliminate dangerous conditions potentially existing in day care facilities, to mitigate the negative effects on surrounding properties resulting therefrom and to ensure compatibility with adjacent uses and surrounding neighborhoods and businesses. In addition to an application for a conditional use permit the applicant shall submit evidence sufficient to demonstrate compliance, and at all times thereafter remain compliant with the following standards:
i.
At least 35 square feet of indoor space shall be provided for each child. Outdoor play areas shall conform to the following specifications:
1.
The minimum size of the outdoor area shall equal 100 square feet times one-third of the center's licensed capacity for children;
2.
At least 100 square feet shall be available for each child occupying the outside play area at any one time;
3.
Groups of children may be rotated if necessary so that 100 square feet per child is provided at all times;
4.
Outside play areas shall be adjacent to the day care facility or in an area which can be reached by a safe route or method approved by the state.
5.
Play areas shall be protected from traffic or other hazards by a six-foot or higher secure fence or other barrier on all sides as approved by the Community Development and General Services Department.
6.
Fencing material shall not present a hazard to children and shall be maintained so as to prevent children from leaving the play area by any other means than through an approved access route;
7.
Fence gates shall be kept closed except when persons are entering or exiting the play area;
8.
The outdoor play space shall have a surface suitable for varied activities;
9.
Hard surfaces, such as gravel, concrete, or paving shall not exceed one-fourth of the total outdoor play area;
10.
Outside play areas shall be kept clean, free from litter, and free of hazards including, but not limited to, non-resilient surfaces under the fall-zone of play equipment, rocks, exposed tree roots and exposed sharp edges of concrete or equipment;
11.
Shaded areas shall be provided in the outside play areas;
12.
All outside play equipment shall be arranged so as not to obstruct supervision of children; and
13.
Climbing and swinging equipment shall be anchored, have a resilient surface beneath the equipment and include a fall-zone from such equipment which is adequately maintained by the day care facility to assure continuing resiliency.
ii.
Day care facilities shall be situated on a minimum one acre parcel;
iii.
Day care facilities shall be situated only in a stand alone building containing at least 2,500 square feet of heated space, or up to 20 percent of the total parcel area;
iv.
Only one day care facility shall be permitted per every 3,000 in population determined from the most recent annual population estimates as compiled by the U.S. Census Bureau. Insubstantial increases in population shall not be the basis for issuing an additional license;
v.
Day care facilities shall provide a covered entry and exit point for vehicular use, with a circular drive entering and exiting on the same road;
vi.
Day care facilities shall provide one parking space for every two children, based on maximum enrollment capacity, plus one parking space per each two employees;
vii.
Twenty-five percent of the vehicular use area shall be landscaped and shall not be included in the property line landscaping butlers;
viii.
Day care facilities shall only occupy a parcel that fronts an arterial street on at least one side;
ix.
Day care facilities shall submit all state certifications, requisite professional licenses and other licenses under state and local law, including any required occupation tax permits, annually. Failure to submit current and proper state certifications will result in a revocation of the business license;
x.
The primary structure in which a day care facility is situated shall be constructed entirely of either brick or stucco;
(i)
Multi-tenant building. A multi-tenant building is a retail structure under common ownership or management located on one commercially zoned lot containing more than one suite or entity. Each multi-tenant building shall have one primary entrance to the building. Ingress and egress to each individual suite or office within the building shall be made solely from the interior of the building through an inside lobby or hallway. Multi-tenant buildings shall contain no less than 2,500 square feet, or up to 20 percent of the total parcel area, with suites no less than 600 square feet each. The purpose of this section is to mitigate the negative effects of loitering, bright lights, noise, traffic, and impervious surfaces, to promote diverse economic uses and to ensure compatibility with adjacent uses and surrounding neighborhoods and businesses. In addition to an application for a conditional use permit, the applicant shall submit evidence sufficient to demonstrate compliance, and at all times thereafter remain compliant with the following standards:
i.
Multi-tenant buildings shall exist on a tract no less than one acre in area;
ii.
Individual suites shall be in no event less than 600 square feet in size each;
iii.
The structure in which a multi-tenant building is located shall be constructed entirely of brick or stucco;
iv.
Any monument sign(s) identifying the structure and the common tenants situated therein shall be constructed entirely of brick or stucco;
v.
The multi-tenant building shall include features which provide for a proper transition from more sensitive land uses and incorporate buffering methods to separate commercial activities such as loading, lighting, and trash collection;
vi.
The design of the multi-tenant building shall reflect the concept that it has been planned as a group of organized uses and structures;
vii.
The multi-tenant building and all buildings, signs and landscaping in relation thereto shall be designed with similar architectural styles, similar exterior building materials, and coordinating landscaping themes;
viii.
Management of the multi-tenant building shall make provisions for consistent maintenance, reciprocal access and reciprocal parking; and
ix.
Vehicle and pedestrian access to the multi-tenant building shall be coordinated and logically linked to provide a comprehensive circulation system.
(j)
Tobacco retail establishments. Tobacco retail establishments are defined in Article II, Section 2.3. The purpose of this section is to promote public health through prevention of underage smoking, to promote diverse economic uses, and to ensure compatibility with adjacent uses and surrounding neighborhoods and businesses. In addition to an application for a conditional use permit, the applicant shall submit evidence sufficient to demonstrate compliance, and at all times thereafter remain compliant with the following standards:
i.
Tobacco retail establishments shall be permitted in shopping centers and multi-tenant buildings;
ii.
Tobacco retail establishments shall not occupy a suite of less than 1,000 aggregate square feet in a shopping center or multi-tenant building;
iii.
Tobacco retail establishments located in a shopping center or multi-tenant building shall be required to install a sprinkler system complying with NFPA 13R or 13D, as determined by the fire marshal of the city;
iv.
Freestanding buildings containing tobacco retail establishments shall be situated on parcel containing at least 20,000 square feet;
v.
Freestanding buildings containing tobacco retail establishments shall be the single tenant located in the building containing no less than 2,500 square feet of heated space or up to 20 percent of the total parcel area, and entirely constructed of either brick or stucco;
vi.
Twenty-five percent of the parking area shall be devoted to interior landscaping;
vii.
Any freestanding sign identifying the business premises shall be a monument sign constructed of the same material as the building in which the tobacco retail establishment is situated;
viii.
A 20-foot landscaping buffer shall exist on all arterial or collector streets;
ix.
Tobacco retail establishments shall only occupy a parcel that fronts an arterial street on at least one side;
x.
Freestanding buildings containing these establishments shall install a sprinkler system complying with NFPA 13;
xi.
The applicant shall provide evidence of all requisite professional and other licenses under state and local laws; and
xii.
Compliance with section 50-13 of the Municipal Code of the City of Riverdale is required at all times.
(k)
Tutorial services. Tutorial services are defined in Article II, Section 2.3. The purpose of this section is to protect the health, safety and welfare of the residents of the city by monitoring the location of tutoring facilities for minors and children, to promote educational and learning opportunities, and to ensure compatibility with adjacent uses and surrounding neighborhoods and businesses. In addition to an application for a conditional use permit, the applicant shall submit evidence sufficient to demonstrate compliance, and at all times thereafter remain compliant with the following standards:
i.
Tutorial services shall be permitted in shopping centers and multi-tenant buildings;
ii.
Tutorial services shall not occupy a suite of less than 1,000 aggregate square feet in a shopping center or multi-tenant building;
iii.
Freestanding buildings containing tutorial services must be situated on a parcel containing at least 20,000 square feet;
iv.
Tutorial services shall be the single tenant located in the freestanding building, containing no less than 2,500 square feet of heated space or up to 20 percent of the total parcel area, and entirely constructed of either brick or stucco;
v.
Freestanding buildings shall devote 25 percent of the parking area to interior landscaping;
vi.
Monument signs for any freestanding building shall be constructed of the same material as the building;
vii.
Freestanding buildings shall possess a 20-foot landscaping buffer on all arterial or collector streets;
viii.
Establishments under this section shall only operate from 12:00 noon through 6:00 p.m., Monday—Friday; 8:00 a.m. through 6:00 p.m., weekends;
ix.
The applicant shall attest that the hours of operation shall be respected as well as attest that only tutoring services shall be provided and said services offered must be enumerated;
x.
The applicant shall submit the credentials of all employees of said establishment, qualifying each as a tutor, and/or stating their position in the organization;
xi.
Playgrounds, play areas, or recreational areas shall be expressly prohibited for establishments under this section;
xii.
The applicant shall provide evidence of all requisite professional and other licenses under state and local law;
xiii.
Tutoring services sponsored by the county board of education or other public institutions, are exempt from this section; and
xiv.
Professional tutoring establishments providing services expressly for those 18 years of age and over are exempt from this section.
8.2.2. Conditional uses by district.
Conditional Use Table
Zoning District C-2 C-3 C-4 CT MPMUD RMX TCMU X = Conditional Use Auto Leasing Establishments X X Auto Sales X X Auto Service Establishments X Banquet Facilities X X Clothing and apparel retail establishment X Cosmetology and Barbering Supply Establishments X Cosmetology and Barbering Schools & Colleges X Multi-Tenant Building X Day Care Facility X Tobacco Retail Establishments X X X Tutorial Services X X X X X X X
(Ord. of 4-28-2008; Ord. No. 07-2010, §§ 7, 8, 5-24-10)