It is the purpose of D-2 districts to provide principally for convenience goods needs of persons residing in the residential areas nearby. Uses permitted outright or conditionally shall be limited to those required to satisfy basic needs for goods and services required daily or frequently and other uses, which while not serving basic day-to-day needs, nonetheless can be considered to have little impact on surrounding residential areas.

(Ord. 2046, passed 4-11-1968; Ord. 2399, passed 7-16-1973; Ord. 3039, passed 6-8-1987)

   The principal permitted uses in a D-2 neighborhood business district are as follows.

   (a)   Generally. Any local retail business or service establishment supplying commodities or performing services primarily for residents of the surrounding neighborhood on a day-to-day basis.

   (b)   Retail and service. Art or antique shops, artists’ supply stores, camera and photo supply stores, groceries, supermarkets, meat, fruit and vegetable markets, delicatessen stores, self-service laundries, clothes cleaning and laundry pickup, book stores, novelty, millinery, notion, music and TV stores, liquor and candy stores, tobacco shops, florists, shoe repair shops, hardware stores, funeral homes and mortuaries and the like. Also, printing shops employing not more than three persons in production and limited to photocopier, photographic and photo- offset duplicating processes.

   (c)   Eating and drinking places. Soda fountains, ice cream parlors, restaurants and cafeterias, not including dancing.

   (d)   Automotive services. Minor repair and parking garages for private passenger vehicles and parking lots, subject to the other applicable requirements of this chapter; also, automobile service stations, subject to the following requirements:

      (1)   Minimum site size. 12,000 square feet with a minimum width of 120 feet.

      (2)   Site location. The proposed site shall have at least one property line on an arterial street or principal collector as classified by the City-County functional highway classification system.

      (3)   Distance from other land uses. No automobile service station will be constructed on any lot that is located within 500 feet of two or more existing automobile service stations, whether or not the stations are actually being used for that purpose; the distance to be measured from the nearest lot lines; provided, that any building constructed as an automobile service station which has been converted to another use shall not be considered in determining the existence of an automobile service station; in addition, no automobile service station shall be erected within 500 feet of any school grounds or buildings used for public assembly.

      (4)   Building setback. The automobile service station building shall be set back a minimum of 45 feet from all street right-of-way lines and shall not be located closer than ten feet to any property line in a residential district.

         a.   Extended or free standing canopies may be constructed to within seven feet of street right-of-way lines and not closer than ten feet to any property line in a residential district. Canopies shall have a minimum clearance above the driveway surface of 14 feet, 0 inches. In addition, enclosed attendant booths abutting the pump islands; provided, that the entire area of the abutting the booth shall be enclosed with transparent safety glassing material except for necessary framing and roof covering.

         b.   Hydraulic hoists, pits and all lubrication, greasing automobile washing and repair equipment shall be entirely enclosed within a building.

      (5)   Access drives and curbing. Access drives and curbing must be approved by the Division of Traffic Engineering.

      (6)   Paving. The entire service area shall be surfaced with an asphalt or portland cement binder pavement.

      (7)   Fencing. A solid wall or fence at least four feet in height shall be erected along all property lines abutting any lot within a residential district.

      (8)   Lighting. Exterior lighting shall be so arranged that it is deflected away from adjacent properties and does not create a traffic hazard because of the glare.

      (9)   Junk. It shall be unlawful for the owner or operator of an automobile service station to allow the accumulation of junk, as hereinafter defined, upon the premises of such automobile service station. JUNK, for the purpose of this section, is defined as any waste material, refuse or any item which has ceased to have any value for its original intended use. Nonrepairable automobiles or any automobile parts which are no longer suitable for repair operations are declared to be junk for the purposes of this section.

      (10)   Pumps. Pumps and other service devices shall be so placed that no car, while being serviced, will be located on City property.

      (11)   Parking. All vehicles on the premises, with the exception of cars being serviced at the pumps or waiting for immediate service, shall be provided parking area in accordance with the requirements of Article XXV of this chapter. In addition, any parking area used for the temporary storage of wrecked vehicles shall be effectively screened on all sides fronting on a public street, except for necessary entrances and exits, by a masonry wall or solid fence or a chain link fence with a six-foot planting buffer maintained in a healthy condition. The wall or fence shall be not less than four feet in height.

   (e)   Financial services. Banks, drive-in banks, savings and loan associations and finance companies.

   (f)   Outdoor advertising. Advertising only the business conducted on the premises.

   (g)   Residential uses. Any use permitted and as regulated in the residential district adjoining the D-2 district; and if there are adjoining two or more different categories of residential districts, the regulations of the least restrictive of such residential districts shall apply.

   (h)   Accessory uses permitted outright. Any use, building or other structure customarily incidental to the principal use permitted outright.

   (i)   Accessory conditional uses. Any use, building or other structure customarily incidental to any principal conditional use.

   (k)   Per § 50-47. The following “D-3” community business uses are permitted outright by reference to the appropriate subsections of § 50-47: (b)(1) retail, personal and business services; (b)(4) offices; (b)(5) commercial art studios; (b)(6) personal services; (b)(7) general business services; (c)(2) trades; (c)(3) household services.

(Ord. 2046, passed 4-11-1968; Ord. 2344, passed 6-28-1972; Ord. 2353, passed 8-14-1972; Ord. 2399, passed 7-16-1973; Ord. 3039, passed 6-8-1987)

   Any use, building or other structure customarily incidental to any principal use permitted outright in a D-2 neighborhood business district shall also be permitted.

(Ord. 2046, passed 4-11-1968)

   Any use, building or other structure customarily incidental to any principal conditional use in a D-2 neighborhood business district shall be conditional accessory use.

(Ord. 2046, passed 4-11-1968)

   The following principal uses are prohibited in the D-2 neighborhood business district.

   (a)   Generally, any use first permitted and regulated in the following districts: D-3, D-4, D-5, D-6, E, F, G.

   (b)   Pawn shops.

(Ord. 2872, passed 3-14-1983)

   All uses authorized by this article shall be subject to the following conditions.

   (a)   Business in enclosed buildings. All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for the sales of automotive fuels, lubricants and other fluids at service stations, and such outdoor business, service, display or storage of vehicles, storage of materials and equipment as hereinbefore specifically authorized or as may be authorized by the Board of Appeals.

   (b)   Production of sale at retail. All products produced on the premises, whether primary or incidental, shall be sold at retail on the premises where produced.

   (c)   Use to be nonobjectionable. Processes and equipment employed and goods sold shall be limited to those which are objectionable by reason of odor, dust, smoke, cinders, gas fumes, noise, vibration, radiation, refuse matter or water-carried waste.

   (d)   New merchandise. Goods for sale shall consist primarily of new merchandise, except antiques.

   (e)   Hours of business. No business, service or processing shall conduct its operation at any point in time between the hours of 12:00 midnight and 6:00 a.m. if it is adjacent to a residential district unless it is enclosed on all sides adjoining the residential district by screening and fencing.

   (f)   Location of SDM and SDD licenses. No business or service having an SDM and/or SDD license shall be located within 500 feet, property to property, of another business or service having an SDM or SDD license. This requirement shall not apply to full-line groceries and supermarkets, regardless of size, which have the following distinguishing characteristics:

      (1)   Provide a fresh beef, pork and poultry counter at least six feet in length;

      (2)   Provide a fresh produce counter or area with a minimum of eight items in at least one-case lots each at the time of purchase; and

      (3)   “Take-out” alcohol cannot occupy more than 10% of the gross building floor area.

   (g)   Exterior lighting. Exterior lighting fixtures shall be no more than 20 feet in height and shall be shielded to prevent the visibility of the luminaries from, and the casting of direct light upon, adjacent residential properties. At the close of business, all illuminated signs and lights, not necessary for security purposes, shall be extinguished.

   (h)   Trash and storage. All uses, including trash collection and storage area, not located within a fully enclosed building or structure, shall be completely enclosed by a solid wall, solid fence, dense living hedge, and/or solid gate not less than six feet in height.

   (i)   Location of mechanical amusement devices. Same as D-1.

(Ord. 2046, passed 4-11-1968; Ord. 2344, passed 6-28-1972; Ord. 2353, passed 8-14-1972; Ord. 2399, passed 7-16-1973; Ord. 2713, passed 6-25-1979; Ord. 2832, passed 5-10-1982; Ord. 2872, passed 3-14-1983; Ord. 2968, passed 9-9-1985)