The B-2 general business district is intended to serve the highway and comparison needs of the residents of the greater city area as well as the passing motorist. It is characterized by businesses with large lot requirements, extended hours and major thoroughfare locations.

In the B-2 business district, no uses shall be permitted unless otherwise provided in this chapter, except the following:

(1)

All principal permitted uses in the B-1 district.

(2)

Retail shops.

(3)

Personal service establishments, including health spas.

(4)

Financial institutions.

(5)

Restaurants and taverns, not including drive-in restaurants.

(6)

General and professional offices, not including medical and dental clinics.

(7)

Museums and art galleries.

(8)

Bakeries, employing not more than five (5) persons, exclusive of retail personnel.

(9)

Dry cleaning and laundry establishments employing not more than five (5) persons.

(10)

Printing, publishing, photography or other reproduction businesses.

(11)

Custom craft shops.

(12)

Combined retail-wholesale business when conducted entirely within a building.

(13)

Gasoline filling or service stations.

(14)

Publicly owned buildings.

(15)

Outdoor trash containers or dumpsters subject to section 20-87.

(16)

Pool or billiard halls.

(17)

Pawnshops.

(18)

Pinball or video game arcades or establishments.

(19)

Sauna, hot tub or other similar health or body improvement or enjoyment enterprises.

(20)

Single-family homes erected prior to the effective date of this subsection (20) subject to the following provisions:

a.

Additions to or the repair or reconstruction of such structures shall be governed by all general regulations pertaining to single-family dwellings and to the height, bulk, density and area standards pertaining to single-family homes located in the R-2 district.

b.

Any lot or parcel being used for a single-family dwelling as of the effective date of this subsection (20) which by fire, wind, act of God or the public enemy is made vacant, or which dwelling is destroyed or damaged, shall remain eligible to be used for a single-family dwelling that is repaired or rebuilt.

c.

Conversion of an existing single-family dwelling to a two- or three-family dwelling (within the existing structure) shall be subject to the provisions of section 20-626.

d.

Conversion of an existing single-family dwelling to a mixed commercial/residential use or office/residential use shall be subject to approval as a special use under the provisions of section 20-127.

(21)

On-site-use wind energy systems having a height of sixty-five (65) feet or less and meeting the requirements of sections 20-650 through 20-654.

(Ord. No. 123, § 12.1, 6-5-89; Ord. No. 176, § 1, 6-4-01; Ord. No. 217, § 19, 7-7-08; Ord. No. 225, § 18, 2-1-10)

The following uses shall be subject to a special use permit:

(1)

Drive-in restaurants subject to subsection 20-601(2).

(2)

Car wash establishments subject to subsection 20-601(6).

(3)

Open-air businesses subject to subsection 20-601(5).

(4)

Medical or dental clinics.

(5)

Hotels, motels, motor courts subject to subsection 20-601(1).

(6)

Adult businesses as defined below and subject to the conditions and requirements described below:

a.

Definitions.

Adult business shall include an adult bookstore, adult video store, adult motion picture theater, adult cabaret, massage parlor, nude model studio and a sexually oriented business.

Adult bookstore and adult video store, mean a business with a substantial portion of its inventory, or floor space displaying inventory, characterized by an emphasis on the depiction, description, or display of specified anatomical areas or specified sexual activities in books, magazines, pictures, photographs, videos, movies, cassettes, discs, or other media that is offered for sale, rental, or viewing on site for any form of payment. "Substantial portion" means thirty (30) percent or more.

Adult motion picture theatre means a business which, as one (1) of its principal business purposes, regularly offers viewing on the premises to customers for any form of payment, movies, videos or motion pictures characterized by an emphasis on the display or depiction of specified anatomical areas or specified sexual activities.

Adult cabaret means a business which, as one of its principal business purposes, regularly offers viewing on the premises to customers, for any form of payment, live performances characterized by an emphasis on the display or depiction of specified anatomical areas or specified sexual activities.

Massage parlor means any establishment having a fixed place of business where massages are administered solely or in combination with any other services or activity for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include the following:

1.

A hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the state;

2.

Establishments where massage is provided only by persons who have successfully completed not less than five hundred (500) hours of training from a recognized school or state-accredited college or university or have been approved by the National Certification Board for Therapeutic Massage and bodywork or are certified as a massage therapist by the American Massage Therapy Association;

3.

Barber shops, beauty salons, athletic facilities or separate service establishments where massages are administered only to the scalp, the face, the neck, the feet, the legs below the buttocks and below the genitals and pubic area, the arms, hands and shoulders, or to the back above the waist; or

4.

Nonprofit organizations operating a community center, swimming pool or tennis court or other educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area.

Nude model studio means a business which, as one of its principal business purposes, regularly offers for viewing on the premises by customers, live models who display specified anatomical areas or specified sexual activities, for any form of payment.

Sexually oriented business means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theatre, nude model studio, or any other business offering services which feature or relate to the display of specified anatomical areas or specified sexual activities, or the sale or rental of products or merchandise a substantial portion of which products or merchandise feature or relate to the display of specified anatomical areas or specified sexual activities. "Substantial portion" means thirty (30) percent or more and does not include birth control or disease prevention products.

Specified anatomical areas means:

1.

Less than completely and opaquely covered:

A.

Human genitals, pubic region or pubic hair;

B.

Anus or buttock; and

C.

Any portion of the female breast that includes the nipple or areola; or

2.

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified sexual activities means:

1.

The fondling or other erotic touching of human genitals, pubic region, anus, buttock or female breast;

2.

Acts of human masturbation, sexual intercourse, oral-genital sex, or sodomy;

3.

Human excretory functions or violent acts upon humans as part of any of the sexual activities described above.

b.

Conditions and requirements.

1.

No adult business shall be located within one thousand (1,000) feet of any other adult business. The distance between two (2) adult businesses shall be measured along the center line of the street or streets of address between two (2) fixed points on the center line determined by projecting straight lines, at right angles to the center line, from that part of the building of each adult business nearest to the other.

2.

No adult business shall be located within three hundred (300) feet of any residential district (not including the PERC district), any single- or multi-family residence, any church or place of worship, school (public or private), or licensed day care center, nor within one thousand (1,000) feet of any park or playground, as measured along a line forming the shortest distance between any portion or the parcel of proposed adult business and the boundary line of the residential zoning district or the parcel of any single- or multi-family residence, church or place of worship, school (public or private), licensed day care center; park, or playground.

3.

No adult business shall be combined with any other adult business.

4.

No adult business shall be operated in connection with, adjoining, or in any premises licensed or subject to licensing by the state liquor control commission.

5.

Every adult business shall have unscreened off-street parking in front or on the side of the building, with the front being the side closest to the public road by which access is obtained. Off-street parking shall be adequately illuminated from dusk until one hour after closing with a lighting system that provides an average horizontal illumination of one foot-candle of light on all parking surfaces and/or walkways.

6.

Signs and window displays shall be without any example or depiction of specified anatomical areas or specified sexual activities.

c.

Waiver of distance requirement. The City Council may waive the distance requirements in (6)b.1 and 2 above if it finds the following conditions exist:

1.

The proposed use will not be contrary to the pubic interests or injurious to nearby properties in the proposed location and the spirit and intent of the purpose of the spacing regulations will still be observed.

2.

The proposed use will not enhance or promote a deleterious effect upon adjacent areas through causing or encouraging blight, a detrimental effect upon other businesses and residents, and a disruption in neighborhood development.

d.

Public nudity; nudity in certain businesses. Adult businesses as special uses in this section 20-343 are subject to and limited by the prohibitions against public nudity in section 12-264 and nudity in businesses licensed by the state liquor control commission.

(7)

Conversions of an existing single-family dwelling to a mixed commercial/residential use or to a mixed office/residential use.

(8)

Open dance hall.

(9)

Cabaret (except a cabaret defined as an adult cabaret in (6)a above) providing live or projected entertainment where alcoholic liquors may or may not be sold for consumption on the premises. Projected entertainment shall not include standard television screens.

(10)

Child care centers and day care centers subject to subsection 20-601(3).

(11)

Wind energy systems having a height of greater than sixty-five (65) feet on parcels or specialized easements containing at least one (1) acre and meeting the requirements of sections 20-650 through 20-654.

(Ord. No. 123, § 12.2, 6-5-89; Ord. No. 176, § 2, 6-4-01; Ord. No. 199, § 2, 4-18-05; Ord. No. 211, § 12, 2-5-07; Ord. No. 217, § 20, 7-7-08; Ord. No. 225, § 19, 2-1-10)

For all permitted uses and uses subject to a special use permit a site plan shall be submitted in accordance with sections 20-116 through 20-126.

(Ord. No. 123, § 12.3, 6-5-89; Ord. No. 217, § 21, 7-7-08)

Area, height, bulk and placement requirements unless otherwise specified are as provided in article XVII, schedule of regulations.

(Ord. No. 123, § 12.4, 6-5-89)

Signs shall be as regulated in article XIX, as applicable.

(Ord. No. 209, § 9, 1-2-07)

Landscaping, screening and buffers shall be provided as regulated in article XVII, division 2, landscaping, screening and buffers, as applicable.

(Ord. No. 217, § 22, 7-7-08)