Loading...
A. Procedure: The uses listed under the various districts herein as "uses permitted on review" are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the uses permitted on review with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedures:
1. An application shall be filed with the city planning commission for review. The application shall show the location and intended use of the site, and be accompanied by a list of the names and addresses of all the property owners and existing land uses within three hundred feet (300'), in any direction of the proposed use, which lists shall be certified as correct by an abstractor;
2. After giving notice of at least ten (10) days to all those whose names appear on the list accompanying the application, the city planning commission shall hold one or more public hearings thereon, at which time the planning commission may require any other material it believes pertinent and shall continue the hearing from time to time, if necessary;
3. The planning commission shall within forty five (45) days of the date of application, transmit to the city council its report as to the effect of such proposed building or use upon character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare, and the recommendation of the planning commission concerning use thereon. Thereupon the city council may authorize or deny the issuance of a building permit or occupancy permit for the use of land or buildings as requested;
4. The council by resolution shall set such fees as are necessary to defray the costs of the mailing of the notice set out herein; and
5. Once received from the state issuing authority, the operator of a daycare home (family daycare home) or daycare center shall provide a copy of its license to the administrative office of the planning commission.
B. Uses Permitted On Review; Specific Standards:
1. Tattoo Parlor Or Body Piercing Establishment:
a. Type Of Business: Tattoo parlor or body piercing establishment shall be a stand alone business. (Ord. 1427, 2-25-1997; amd. Ord. 1640, 10-24-2006; Ord. 1852, 1-23-2024)
A. The city council may amend the regulations and district boundaries herein established on its own motion, on recommendation of the planning commission, or upon petition. No amendment shall become effective until after public hearings and referral to the planning commission for report and recommendations thereon.
B. Amendment of the district boundaries upon petition from one or more property owners shall require notice of hearing to be mailed to all property owners within three hundred feet (300') of the request by first class mail not less than twenty (20) days prior to the hearing and publication of notice in a newspaper of general circulation not less than fifteen (15) days prior to the hearing. Petitions for changes in the district boundaries herein established shall be submitted to the office of the planning commission on forms approved by the planning commission and shall be accompanied by:
1. A listing of the names and addresses of all owners of property within a three hundred foot (300') radius of the property under consideration, certified as true and accurate by an abstractor;
2. A filing fee as may be established by the city council; and
3. Such other information as may be required by the planning commission.
Additionally, persons petitioning for a change in district boundaries shall be responsible for the cost of publication of notices thereof.
C. Amendment of the regulations, restrictions and district boundaries initiated by city council motion or upon recommendation of the planning commission shall require publication of notice of hearing in a newspaper of general circulation at least fifteen (15) days prior to the hearing thereon. (Prior code § 16-51)
A. Adoption of any amendment to this chapter shall be by ordinance after public hearings thereon. If protests to such amendment are filed at least three (3) days before the date of public hearings by:
1. The owners of twenty percent (20%) or more of the area included in the proposed change; or
2. The owners of fifty percent (50%) or more of the properties within a three hundred foot (300') radius of the proposed change,
the proposed amendment or change shall not become effective except by a favorable vote by three-fifths (3/5) of the city council. (Prior code § 16-51)
A. No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure on any tract of land which does not comply with all of the provisions of this chapter.
B. A violation of this chapter shall be deemed a misdemeanor and shall be punishable by fine. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this chapter shall be fined as provided in section 1-108 of this code, including costs for each offense. Each day a violation is permitted to exist shall constitute a separate offense.
C. If any building, structure or land is in violation of these regulations, the proper local authorities of the municipality, or any other person affected thereby, in addition to other remedies, may institute appropriate action or proceedings to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate any violation; to prevent the unlawful occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises.
D. Any person, firm, or corporation found to be in violation of this part as it deals with a daycare home or daycare center shall be punished in accordance with the provisions of this section or as provided in section 1-108 of this code; in addition, each day of violation thereof shall be deemed a separate offense. (Ord. 1427, 2-25-1997)