21-3-1.19: EXTRACTIVE INDUSTRIES:

   A.   Extractive industries, including the removal of sand, rock, soil, gravel and including concrete or asphalt batch plants as an accessory use only after it has been found to be in compliance with the following standards:

      1.   No excavation or processing of excavated materials shall be permitted within thirty feet (30') to the exterior boundaries and within one hundred twenty five feet (125') to any Residential zoned property or existing residence. The City may require greater setbacks if, in the opinion of the Council, it is justified.

      2.   Material shall be excavated in such a manner so as to assure the convenient, efficient, and successful restoration of the land and to hold to a minimum, any adverse effects to adjacent and surrounding land as a result of piling or storing the overburden material.

      3.   Material shall be excavated in such a manner that leaves a minimum of two feet (2') of undisturbed sand, gravel, or soil over the entire excavation tract to provide a water bearing strata for any ground water; or more, if the required geological report indicates that it is necessary.

      4.   The excavation operator shall maintain haul roads within the premises covered by the permit and the perimeter public roads in a dust free condition.

      5.   The hours of operation, unless otherwise specified by the City, shall not be prior to six o'clock (6:00) A.M. or after ten o'clock (10:00) P.M. unless the City grants special permission for temporary expansion of the hours.

      6.   Operations shall be conducted in such a manner that excavated areas will not collect or permit stagnant water to remain therein.

      7.   The required development plan shall indicate compliance with the above standards and shall include the following topographic information at a minimum of five foot (5') contour intervals:

         a.   Pre-excavation contours;

         b.   Proposed excavation contours;

         c.   Degree of slope of banks for all excavations;

         d.   Location of any public facilities, irrigation canals, ditches, or streambeds;

         e.   Post excavation reuse and contours. (Ord. 18-880, 7-23-2018)

21-3-1.20: FARMS/RANCHING ACTIVITIES:

   A.   Farms/farming activities and ranch/ranching activities but not including: commercial ranches; dairies; CAFOs; swine, ratites or poultry farms. Farm and ranch uses shall be in compliance with the following standards:

      1.   There shall be an open space buffer area, not less than sixty feet (60') in width, between agricultural crop production fields and any adjacent Residentially zoned land or residential land uses if the agricultural crop requires the application of pesticides either mechanically sprayed or by aerial application.

      2.   Raising, breeding, training and feeding of agricultural animals provided there are no more than four (4) animal units (AU) per acre with a total of no more than two hundred fifty (250) animals under any circumstance.

      3.   Animals must be contained and the containment must be within the buildable area of the lot. Only pasture and grazing activity may occur outside of the buildable area of the lot.

      4.   Ranch uses may include the following equine activities: boarding, breeding, training, and the sale of animals owned by the rancher.

      5.   Ranch uses do not include: liveries; the retail sale of hay, feed or tack; or equine activities open to the general public.

      6.   A specific plan for the physical containment and location of manure storage and/or disposal, which minimizes odor and fly impacts on adjacent lots or parcels, must be provided and approved by the City. The spreading and tilling of manure into the soil of the paddock, pasture or arena areas may be considered manure disposal.

      7.   A specific program for fly control in barn and stable areas, which minimizes the attraction and breeding of flies, must be provided and approved by the City.

      8.   All activity and pasture areas shall be grassed, irrigated or treated with regularly tilled organic soil mix for dust suppression.

      9.   All feeding areas and the structures used to house or cover the animals shall conform to the yard setback regulations of the individual Residential Zoning District in which the structure is located. (Ord. 18-880, 7-23-2018)

21-3-1.21: GROUP CARE HOMES:

   A.   A completed registration form shall be submitted to the Community Development Department on a form established by the Zoning Administrator. Registration shall become effective upon issuance of zoning clearance for the home and shall terminate when the home use ceases. No registration/clearance shall be accepted or approved for a home that does not comply with the conditions listed within this section.

   B.   Group care homes shall comply with all applicable Federal, State and local requirements for the location, development and operation of such homes and the provision of safe outdoor recreation areas and gross floor areas for every person that the home is licensed to accommodate.

   C.   Group care homes shall not be located within one thousand two hundred feet (1,200'), as measured from the property lines, of another group care home or assisted living home facility.

   D.   The group care home shall not undertake modifications in the exterior appearance of any structure or necessitate equipment that is not related to the primary residential use. Signage is prohibited.

   E.   All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the group care home. (Ord. 18-880, 7-23-2018)

21-3-1.22: HOME OCCUPATIONS:

A home occupation shall be considered a permitted accessory use in all Residential Zoning Districts provided that they do not change the character of the surrounding residential area by generating added traffic, noise, odors, visual impacts, or storage of materials than would normally be expected in a Residential Zoning District, and if it complies with the following regulations:

   A.   All home occupations shall be clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes. A valid City business license shall be maintained for the home occupation use.

   B.   Each dwelling unit shall be limited to one permitted home occupation. Any additional home occupations shall require a conditional use permit.

   C.   All home occupations shall be conducted entirely from within the principal residence or enclosed accessory buildings (i.e., detached garage) except for home occupations that require the use of accessory structures allowed within the subject zoning district (i.e., the use of swimming pools for swimming lessons, play structures for day care, or horse corrals for horseback riding lessons) as long as they do not create a noxious environment for neighboring properties.

   D.   No more than twenty five percent (25%) of the gross floor area of the principal dwelling or accessory building shall be devoted to the home occupation. Areas devoted to the home occupation use shall maintain a residential character and appearance.

   E.   There shall be no employees of the home occupation other than members of the immediate family residing in the dwelling unit where the home occupation is being operated.

   F.   There shall be no external evidence of the home occupation such as greater volumes of traffic, noise, dust, odors, fumes, vibration, electrical interference or fluctuation or other nuisances discernible beyond the property lines than would normally be expected in a residential neighborhood.

   G.   A home occupation shall not be conducted in a way that is perceptible in external effects (such as, but not limited to, noise, odors, traffic) from beyond the property line between the hours of eight o'clock (8:00) P.M. and six o'clock (6:00) A.M. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.

   H.   There shall be no use of show windows, business display or advertising visible from the exterior of the building, except as is specifically permitted in section 21-4-3, "Signage", of this chapter, or signage that indicates the premises are being used in part for any purpose other than a dwelling.

   I.   The home occupation shall not result in excess generation of solid waste or use of utilities and public facilities in amounts greater than normally provided for residential use.

   J.   The address of the home occupation shall not be advertised in such a way that would encourage customers or salespersons to come to the property without an appointment.

   K.   Customer/patron trip generation shall not exceed five (5) visits a day and no more than two (2) visits at the same time. Exceptions to this shall be allowed for music, art, craft or similar lessons, swim lessons, hair or nail appointments, and home day care providers.

   L.   Shipping/receiving trip generation shall not involve the use of a vehicle with an aggregate gross vehicle weight of more than ten thousand (10,000) pounds for more than the occasional receiving/delivery of materials to or from the premises.

   M.   Any parking incidental to the home occupation shall be provided only in the residential driveway, subject to compliance with the off-street parking requirements of section 21-4-1 of this chapter.

   N.   The home occupation shall not involve the parking or storage of more than two (2) vehicles having a combined gross vehicle weight over ten thousand (10,000) pounds on the lot or on adjacent streets at any period of time. However, in the RR-20, RR-5 and RR-2.5 Zoning Districts, the parking and storage of up to two (2) vehicles, directly related to the home occupation, with a gross vehicle weight of more than ten thousand (10,000) pounds shall be allowed within a fully screened side or rear yard.

   O.   Storage of goods and materials necessary for the home occupation shall be fully enclosed within a building or structure and shall not include flammable, combustible or explosive materials except where private on-site utility fuel tanks are used for home heating, cooking or other residential type utilities.

   P.   The following are examples of uses which would be acceptable as home occupations provided they comply with the above regulations:

      1.   Home offices with little or no client visits to the home;

      2.   Catering for off-site consumption;

      3.   Personal services such as a beauty shop, barbershop, and seamstress;

      4.   Artists, sculptors, jewelry makers, and composers not selling their artistic product to the general public on the premises;

      5.   Fine arts lessons (music, art, crafts, dance), tutoring and swimming lessons limited to no more than four (4) students at any one time;

      6.   Income tax preparation;

      7.   Computer programming and software development; and,

      8.   Day care (maximum of 4 persons).

   Q.   A home occupation shall not include the following uses:

      1.   Medical offices, clinics, and laboratories, except for psychologists, speech therapists, acupuncturists, licensed massage therapists, and other professionals with one-on-one counseling, therapy, or treatment that do not exceed six (6) clients within twenty four (24) hours.

      2.   Motor vehicle sales, repair, painting, storage, restoration or conversion, engine repair or similar uses conducted outside and/or on vehicles not registered to a person currently residing at the home.

      3.   Animal care kennels or boarding facilities. Except in the RR-20 zoning district, where they are all owed and RR-5 and RR-2.5 districts, where such uses may be permitted by Conditional Use Permit.

      4.   Welding or Machine shop.

      5.   Retail sales (other than occasional sale of custom crafts and art produced on the premises);

      6.   Restaurants;

      7.   Contractors shop or storage; and

      8.   Body piercing and/or tattoo studio.

   R.   Complaints by citizens or local residents may be cause for termination of the home occupation.

      1.   All complaints or violation of the above conditions shall be registered with, and reviewed by, the Zoning Administrator.

      2.   The burden of proof shall be upon the home occupation to prove that the standards of this section are being met, especially regarding possible nuisances and vehicle traffic.

      3.   If appropriate measures cannot be undertaken to mitigate the complaint or violations, the Zoning Administrator may determine that a particular type or intensity of use is unsuitable to be a home occupation and require termination of the use. Appeals of the Zoning Administrator's decision can be made to the Board of Adjustment. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)

21-3-1.23: KENNEL, ANIMAL (SHELTER):

Kennels for the boarding or lodging, breeding, or training of small domesticated animals, such as dogs and cats, provided the animals are kept within the confines of an exercise area and a sound attenuated kennel. Animals shall not run at large and shall not number more than four (4) animals per acre with a total of no more than eighty (80) animals under any circumstance. A specific plan for the physical containment and location of waste storage and/or disposal, which minimizes odor and fly impacts on adjacent lots or parcels, must be provided. All kennels shall comply with City and/or State licensing requirements. (Ord. 18-880, 7-23-2018)