A. The purpose of these performance standards is to set specific conditions for various uses, and classification of uses in areas where problems are frequently encountered. In addition to all other regulations specified in this chapter, the following provisions shall be adhered to:
1. Conversion Of Dwellings To More Units: A residence may not be converted to accommodate an increased number of dwelling units unless:
a. The yard dimensions will meet the yard dimensions required by the zoning regulations for new structures in that zone;
b. The lot area per unit equals the lot area requirements for new structures in that zone;
c. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that zone.
d. The conversion is in compliance with all other relevant codes and ordinances.
2. Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work may only be permitted by conditional use permit in any zone during the period construction work is in progress for a period not to exceed one year, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project or after one year shall require an extension authorized by the City.
3. Parking And Storage Of Certain Vehicles: Not more than one inoperable or one unregistered vehicle of any kind or type shall be parked or stored on any residential property other than in a completely enclosed building or a licensed wrecking yard.
4. Provisions For Commercial And Industrial Uses: No land or building in any zone shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements within this chapter:
a. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials, including hazardous materials shall be protected by adequate firefighting and fire protection equipment and by such safety devices as are normally used in the handling of any such material as determined by the State Fire Marshal. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the Uniform Fire Code and the National Safety Foundation publications.
b. Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point. No electrical disturbance shall adversely affect the operation of any equipment at any point other than that of the creator of such disturbance.
c. Noise: Objectionable noise that is due to volume, frequency, or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement, as are noises attendant to ordinary agricultural/forestry operations.
d. Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
e. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Central District Health, or the State.
f. Glare: No direct or reflected glare shall be permitted which is visible from any property outside an industrial or commercial zone or from any street.
g. Erosion: No erosion, caused by human instrumentalities, shall be permitted which will carry objectionable substances onto neighboring properties.
h. Enforcement Provisions: The City, prior to the issuance of a building permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
i. Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures by the North Central District Health Department.
5. Accessory Building:
a. Will not be located in any required front yard area.
b. Must comply with the standard front, rear and side yard setbacks under each zoning designation, regardless of the size of the building or structure and regardless of whether the building or structure is temporary or permanent.
6. Animal Clinic, Animal Hospital, Veterinary Office And Kennel: Will be located at least three hundred feet (300') from R-1, M-1, M-2, and TA Zones and three hundred feet (300') from any residence, motels, and hotels, except for an owner's residence. The City may modify these requirements if the animals are housed in soundproof structures that screen them from view of the abutting residential property.
7. Bulk Storage Of Flammable Liquids And Gases, Aboveground And For Resale:
a. Will be erected only in accordance with Federal, State, and County requirements.
b. Will have suitable loading and unloading spaces and off street parking facilities meeting the approval of the Deary Rural Fire District.
8. Chemicals, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved in accordance with the State Fire Marshal.
9. Drive-In Restaurant:
a. Will be enclosed within the property lines with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties.
b. Will have a six foot (6') high, sight-obscuring fence along the property lines that adjoin a residence.
c. Will provide for adequate trash receptacles; and
d. Will avoid the directing of night-lighting past the property lines.
10. Filling, Grading, Lagooning, Dredging, Or Other Earthmoving Activities:
a. Will take place in such a manner as to result in the smallest amount of bare ground exposed for the shortest time feasible.
b. Will provide temporary ground cover, such as mulch.
c. Will use diversions, silting basins, terraces and other methods to trap sediment.
d. Will provide lagooning in such a manner as to avoid creation of fish trap conditions.
e. Will not result in damage to a floodway, channel or natural drainageway.
f. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure.
g. Will restore topsoil or loam to a depth of not less than four inches (4").
11. Home Occupations:
a. In-Home Occupations:
(1) No more than one person other than members of the family residing on the premises shall be engaged in such occupation.
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than fifty percent (50%) of the floor area of the dwelling unit shall be used in the conducting of the home occupation. The home occupation may take place in an accessory building meeting all other City regulations and the further regulations of this section.
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign not exceeding two (2) square feet in area, indirectly illuminated and mounted flat against the wall of the principal or accessory building.
(4) No significant traffic shall be generated by such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this chapter, and shall not be located in a required front yard.
(5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or in an accessory building. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or caused fluctuations in line voltage off the premises.
b. Off-Premises Home Occupations:
(1) No more than five (5) people other than members of the family residing on the premises shall be engaged in such occupation. All vehicles of employees shall be parked off the street and not within the front yard area.
(2) The use of the dwelling unit for the off-premises home occupation office shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than fifty percent (50%) of the floor area of the dwelling unit shall be used in the conducting of the home occupation. The home occupation may take place in an accessory building meeting all other City regulations and the further regulations of this section.
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two (2) square feet in area, indirectly illuminated and mounted flat against the wall of the principal or accessory building.
(4) No significant traffic shall be generated by such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this chapter, and shall not be located in a required front yard. Equipment needed for the off- premises home occupation shall be stored in a fenced yard area and not parked on the street or in the front yard area.
(5) No equipment or process shall be used or conducted on premises with the exception of normal maintenance.
12. Wrecking Yard:
a. A sight-obscuring fence meeting the terms of this chapter shall be constructed parallel to and ten feet (10') back from the right-of-way line of any public street or highway for any auto wrecking yard and salvage yard. Said fence shall be constructed along the entire premises devoted to such auto wrecking or salvage yard, and shall be constructed within one year from the effective date hereof.
b. Materials used and details of construction must be approved by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be guided by the need to preserve and protect the scenic and aesthetic values of the surrounding area, and to protect property value.
c. Will not store automobile, junk or salvage material that is visible from any other property within one thousand feet (1,000').
d. Will not store automobiles or junk in a manner that exceeds the height of fence.
e. Will have such landscaping that is appropriate with the surrounding area.
f. No such permit shall be granted in the R-1, M-1, M-2, and TA Zones.
13. Landfills, Recycling Centers, Incinerators, Compost Operators, And Other Solid Waste Disposal Facilities: The Planning Commission may grant a conditional use permit for the construction of a landfill, recycling center, incinerator, commercial composting operation, liquid wasteland farm, or any other type of solid waste disposal or recycling operation subject to the following conditions:
a. No such permit shall be granted in the R-1, M-1, M-2, and TA Zones.
b. Such operation shall obtain a permit from the Board of County Commissioners pursuant to the terms of the County Solid Waste Regulations.
c. Such operation shall be required to establish to the commission's satisfaction that they intend to and are financially capable of complying with all State, Federal, and local laws, ordinances, and regulations governing the conduct of such operations.
d. Such operation shall be required to plan for, install and maintain such safeguards and measures as the commission shall require to ensure that groundwater quality and air quality are preserved, and environmental hazards and nuisance and unsightly areas are not created by the operation.
e. Such operations that involve the landfilling of solid waste shall be required to install a composite liner system and a leachate collection system.
14. Firearm Usage: Use of firearms within the City shall be restricted in accordance with this Code.
15. Manufactured Home Park/Mobile Home Park: Manufactured home parks and mobile home parks shall be allowed by conditional use permit in designated zones, but only when such parks are constructed and maintained in accordance with the following standards and conditions:
a. The park has been approved by the City prior to the issuance of a permit.
b. The park shall contain at least two (2) acres, and at least one side of the park shall abut upon a public street.
c. All spaces shall be connected to the City water and sewer systems.
d. All of the spaces shall be not less than five thousand (5,000) square feet in area. Said minimum area shall include off-street parking areas for the spaces as required by this Code.
e. Each space shall have a minimum frontage width of forty feet (40') facing on a roadway.
f. Yard areas shall be required in accordance with the following:
(1) A side yard of ten feet (10') shall be required on each space adjacent to any roadway or off-street parking area.
(2) A side yard of ten feet (10') shall be required on each space adjacent to any exterior boundary of the park.
(3) A side yard of ten feet (10') shall be required on each space adjacent to any other space.
g. The boundaries of each space shall be clearly, distinctly and permanently outlined.
h. In no event shall the occupied area of a space exceed fifty percent (50%) of the total space. The area shall be deemed to be occupied when covered, or occupied by a manufactured home or mobile home or any other stored vehicle or structure, or combination thereof.
i. The park shall be completely surrounded by a fence, not less than six feet (6') in height, or a twenty foot (20') wide landscaped strip of lawn and shrubs except at point of ingress and egress from public streets.
j. Trees, shrubs, grass, or other forms of landscaping shall be provided in sufficient quantities to ensure a residential-like appearance.
k. Off-street parking shall be provided in accordance with the terms of this Code.
l. The layout of the park shall be so designed that it can be coordinated with a residential neighborhood street system in the event such park is discontinued.
m. Roads that are three hundred feet (300') or longer are to be stubbed to the perimeter of all sides of the park. The maximum distances between streets to the perimeter are not to exceed one thousand feet (1,000'). There must be two (2) roads of entrance or exit from each park.
n. Road right-of-ways shall be a minimum of fifty feet (50') wide, to allow forty feet (40') to be street and five feet (5') on each side to be a walkway. All driveways and walkways shall be hard-surfaced and driveways shall be lighted at night with electric lamps of not less than twenty five (25) lumen, or some equal light, spaced at intervals of not more than one hundred feet (100') on the roadway.
o. The owner or operator of a park shall maintain the entire park in a neat and orderly manner. All installations and common areas required by this chapter shall be maintained in a good state of repair.
p. Points of ingress and egress shall be located and designed so as to provide safe and convenient access to and from the park and to eliminate congestion.
q. A swimming pool is optional, but when constructed, such pools must comply with the requirements of the Health District and shall be surrounded by a fence or wall six feet (6') high with self-latching gates that will prevent small children from entering the pool area when unattended by adults. A conditional use shall be required for a swimming pool.
r. The construction, layout, and operation of the park must be such that in the opinion of the City, property values in the surrounding area and the objectives and characteristics of the zone in which the park is located will be fully maintained.
s. For every five (5) spaces in a manufactured home park/mobile home park, one space may be occupied by one recreational vehicle or travel trailer for a maximum of one hundred eighty (180) consecutive days.
t. In order to occupy a space in a manufactured home park/mobile home park, a recreational vehicle must have toilet facilities and a shower facility within the recreational vehicle.
u. The authority of the owner of a manufactured home park/mobile home park to allow the parking of recreational vehicles or travel trailers in that park shall be allowed only by conditional use permit specifically authorizing such parking and such authority shall be personal to that owner and shall not be transferable or assignable to any subsequent owner.
16. Recreational Vehicle Parks: Recreational vehicle parks shall be allowed by conditional use permit in designated zones but only when such parks are constructed and maintained in accordance with the following standards and conditions:
a. The park has been approved by the City prior to the issuance of a permit.
b. At least one side of the park shall abut on a public street.
c. All spaces shall be connected to the City water and sewer systems.
d. Each space shall be at least twenty five feet (25') wide and fifty feet (50') long and shall include off street parking spaces as required by the Standards Code.
e. The maximum length of stay in a recreational vehicle park shall be one hundred eighty (180) days.
f. The boundaries of each space shall be clearly, distinctly and permanently outlined.
g. The recreational vehicle park shall be completely surrounded by a fence, not less than six feet (6') in height or a twenty foot (20') wide landscaped strip of lawn and shrubs except at points of ingress and egress from public streets.
h. Trees, shrubs and lawns and other forms of landscaping shall be installed and maintained in sufficient quantities to ensure a pleasant appearance.
i. Off street parking shall be provided in accordance with the Standards Code.
j. A common open space shall be provided in a ratio of one hundred (100) square feet per trailed space. The common space shall be landscaped and maintained for common use of the park occupants and the minor axis of the common area shall not be less than one-third (1/3) of the length of the major axis.
k. Parks shall require septic hookup, self-contained units or provide restroom facilities.
l. All spaces shall abut upon a roadway not less than twenty four feet (24') in width which shall have unobstructed access to a public street or highway. Dead end roadways shall provide adequate vehicle turning space or cul-de-sac with not less than forty feet (40') radius exclusive of parking.
m. All spaces shall be provided with one frost proof exterior culinary water supply.
n. All roadways and walks within a recreational vehicle park shall be all weather surfaced, maintained and adequately lighted. A minimum of two-tenths (0.2) foot-candle of light is required for protective lighting the full length of all driveways and walkways.
o. An electrical outlet supply of at least one hundred ten (110) volts and at least thirty (30) amps shall be provided for each RV space.
p. The owner or operator of a park shall maintain the entire park in a neat and orderly manner. All installations and common areas required by this Code shall be maintained in a good state of repair.
q. Points of ingress and egress shall be located and designed so as to provide safe and convenient access to and from the park and to eliminate congestion.
r. A swimming pool is optional but when constructed, such pools must comply with the requirements of the Health District and shall be surrounded by a fence or wall six feet (6') high with self-latching gates that will prevent small children from entering the pool area when unattended by adults. A conditional use shall be required for a swimming pool.
s. The construction, layout and operation of the park must be such that in the opinion of the City, property values in the surrounding area and the objectives and characteristics of the zone in which the park is located will be fully maintained.
17. Review Of Manufactured Home Parks:
a. Conditions And Covenants: The City shall have the authority to require the attachment of conditions and covenants to the grant of a permit for a park, and/or may require changes to be made in the plans. All such conditions and covenants shall be binding upon the applicants, their successors and assigns, shall run with the land, shall limit and control the issuance and validity of building permits and said conditions and covenants shall also limit and control the maintenance of all land and structure within the development. Approval of the permit and the conditions and covenants imposed in the granting of said permit are declared to be inseparable, and the failure or neglect to do or carryout the conditions and covenants shall constitute a violation of this chapter.
b. Failure To Comply With Conditions: A violation for failure to comply with the conditions under which approval was given shall be cause for termination of the approval thereof, and shall be deemed to be a violation of this chapter.
c. Failure To Maintain Landscaping; Continuing Obligation: Maintenance of required landscaping is a continuing obligation. In case of failure to maintain landscaping as required by the provisions of this chapter or as specifically made applicable thereto by action of the City, such failure or neglect shall be deemed to be a violation of this chapter and shall be subject to the penalties prescribed for violations.
d. Application: Application for a conditional use permit for a park, shall be made to the City Clerk. The application shall be accompanied by maps, plans and explanatory material as may be required by the City to adequately present the matter to the City Council. (Ord. 374, 2016: Ord. 325 §§ 11, 12, 2003: Ord. 311 § 1, 1999)
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