The following divisions set forth special provisions applying to certain miscellaneous uses in certain zoning districts.
(A) Animal hospital, pound, or shelter; commercial kennel for cats or dogs; livestock sales or feeding facilities; riding academy; public stable; veterinarian’s office with animals on the premises; shall be located in accordance with §§ 96.007 and 96.008 of this code if the location is within 200 feet of any property in an R-1, R-2, or R-3 District.
(B) Animal hospital, small animal treatment: the Planning Commission may approve the location of restricted small animal hospitals in the C-1 or C-2 Districts, provided the following conditions are met:
(1) These facilities shall not be permitted with 200 feet of residential districts;
(2) Plans and specifications for proposed facilities shall detail provisions for soundproofing, avoidance of odors, and satisfactory sanitary services. Plans shall be submitted to Planning Commission for review;
(3) Such facilities shall be restricted to treatment of common household pets; and
(4) Animals shall be kept on the premises only for purposes of medical treatment to the exclusion of boarding.
(C) Cemetery, columbarium, crematory, or mausoleum shall have its principal entrance or entrances on a major thoroughfare, with ingress and egress so designed as to minimize traffic congestion and shall provide a wall at last six feet high or an evergreen hedge at least six feet high and three feet thick, along all property lines except those adjacent to a street.
(D) Earth moving and excavation; depositing of construction materials on the ground shall be subject to regulations set forth in division (G) below.
(E) The storage of flammable liquids and gasses shall comply with the following code and standards of the National Fire Protection Association, as such code and standard may from time to time be revised:
(1) Code No. 30, with respect to flammable liquids; and
(2) Standard No. 58, with respect to liquified petroleum gas.
(F) Junk yard, including salvage and auto wrecking shall be permitted, provided that all exterior storage and processing areas are screened by solid walls or fences of such height and location as to prevent visibility of stored materials or of materials in process from any point eight feet above the ground on any thoroughfare or in any residential, commercial, I-1, or I-2 District, provided such point is not more than 300 feet distance from the nearest part of the fence.
(G) Mining, including extraction of clay, gravel, or sand; quarrying of rock or stone; earth moving and excavation; depositing of construction material, clay, earth gravel, minerals, rock, sand, or stone on the ground shall not be construed to be a permitted use in any district, except the I-1 District, except for the following defined extractions and deposits:
(1) Excavations for the foundation or basement of any building or for a swimming pool for which a building permit has been issued or deposits on the earth of any building or construction materials to be used in a structure for which building permit has been issued;
(2) Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than ten feet in vertical height or when less than 1,000 cubic yards of earth is removed from the premises;
(3) Grading in a subdivision which has been approved by the city in accordance with the city subdivision regulations and any amendments thereto; and
(4) Any extractive operation existing and operating as such on the effective date of this section; such operation shall conform with the provisions of these regulations within one year of the adoption of these regulations.
(H) (1) Place of public assembly, major, including arena, auditorium, coliseum, stadium, or theater with seating capacity of 1,000 or over and drive-in theater shall meet the following requirements:
(a) Have ingress and egress from a major thoroughfare or from a collector street not more than 300 feet distant (by shortest street route) from a major thoroughfare; and
(b) Have ingress and egress so designated as to minimize traffic congestion and hazards.
(2) A drive-in theatre shall be located not less than 200 feet from any residential district, and no projection screen thereof shall be so located as to be visible from any major thoroughfare within 1,000 feet thereof.
(I) Swimming pools:
(1) Any swimming pool in any district shall:
(a) Be located at least ten feet from the nearest property line, unless a greater separation is required elsewhere in these regulations;
(b) Be so walled or fenced as to prevent uncontrolled access by children from the street or any adjacent property;
(c) Be screened by a masonry wall or solid fence at least six feet high facing the property line of any property in a residential district, unless the pool is more than 30 feet distant from such line; and
(d) Require the issuance of a building permit.
(2) No swimming pool shall be permitted in any residential district unless such pool:
(a) Is owned and operated by a public agency or a residential group from within the area in which the pool is located;
(b) Is accessory to a residential use; or
(c) Is accessory to a nonresidential use which is permitted in such district.
(3) Except for a pool owned and operated by a public agency or a residential group from within the area in which the pool is to be operated, no pool shall be permitted in any residential district unless the pool is intended for the use of, and is used by, only the occupants of the principal use of the property on which it is located.
(J) Public utility and service uses, including electrical substations, gas regulator stations, gas, telegraph, telephone, and water transmission metering and distribution equipment and structures, water reservoirs or pumping stations, and other similar facilities, provided that such facilities shall be set back, landscaped, or screened from the side, rear, or front property line in such a manner as to be attractive and not offensive to abutting properties. This regulation shall not apply to electric, telegraph, or telephone transmission and distribution lines and poles which shall not be limited with respect to height or location and for which no permit shall be required under these regulations.
(K) Banquet, exhibition, meeting, and reception halls in those residential districts where permitted may be approved by the Planning Commission via a conditional use permit as provided by § 156.172 of this chapter and provided a petition representing approval of 75% of the property owners within 300 feet with mandatory approval of those abutting the property is received. The following conditions must be satisfactorily addressed:
(1) Noise should be contained to within the building and outdoor noise should not exceed the noise levels normally associated with the area;
(2) Hours of operation should be limited as to prevent the disturbance of surrounding residential properties;
(3) The lot and all structures should be kept in compliance with all applicable city codes and regulations, and the lot should be free of all trash and debris within 12 hours after the conclusion of any event;
(4) Parking and egress/ingress should be addressed in a manner that mitigates the impact of vehicular and pedestrian traffic on surrounding properties, including provisions for adequate parking as provided for in § 156.034 of this chapter;
(5) The structure and lot must meet all applicable zoning district regulations, as provided for in § 156.031 of this chapter prior to approval of the Planning Commission;
(6) The structure must meet all applicable building and fire codes; and
(7) The maximum occupancy allowable will be 50 persons, not to exceed applicable building and fire codes.
(Prior Code, § 157.055) (Ord. 1040, passed 4-12-1983; Ord. 1508, passed 7-11-2006; Ord. 1543, passed 3-13-2007)