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(a) Relationship to use tables. The supplemental use standards of this article shall apply only to uses that are so designated in the use tables in Chapter 4, Articles 6 and 8. Where the use tables do not indicate that supplemental use standards apply, the conditions set forth in this article shall not apply.
(b) Additional conditions. Nothing in this article shall prevent the city from imposing additional conditions during either the special exception, conditional use permit or planned unit development review process.
(c) Distance measurements. Unless otherwise noted, all measurements are in a straight line (ignoring intervening structures) from the property line of the specified use to the boundary of the designated district.
(Ord. 13896, passed 10-12-1999; Ord. 23609-03-2019, § 9, passed 3-19-2019)
An ambulance dispatch station may be permitted in accordance with the use tables in Chapter 4, Articles 6, 8, and 12, provided that permits shall be for a limited period of time as specified by the city council.
(Ord. 13896, passed 10-12-1999; Ord. 23609-03-2019, § 10, passed 3-19-2019)
Electrical, gas, plumbing and heating appliances and supply sales; and electrical, gas, plumbing and heating repair and installation services may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, provided that the use is limited to shops that serve the immediate adjacent neighborhood.
(Ord. 13896, passed 10-12-1999)
Automotive repair and lubrication, oil changes, paint and body work and other maintenance services are permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions.
(a) All repairs must be conducted within an enclosed building.
(b) Vehicle storage requirements for automotive repair; paint and body shops near one or two-family residential use.
(1) Screening.
a. Automotive repair; paint and body shops located on property adjacent to a one- or two-family residential use must screen all vehicles that have been accepted for repairs from view from such residential use by parking/storing the vehicles within a building or by providing a six-foot solid screening fence or six-foot solid screen evergreen hedge along the property line adjacent to, or across an alley from, the one or two-family residential use. The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.
b. All other automotive repair; paint and body shops within 200 feet from any one or two-family residential use must screen all vehicles that have been accepted for repairs from view from such residential use by parking/storing the vehicles within a building or by providing a six-foot solid screening fence or six-foot solid screen evergreen hedge on all property lines facing the residential use. The measurement of the distance between the automotive repair or paint and body shop and the one or two-family residential use shall be along the nearest property line of the one- or two-family residential use to the nearest property line of the automotive repair or paint and body shop, along street lines and in a direct line across intersections. The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.
(2) Overnight vehicle storage requirements.
a. No more than two vehicles per bay or repair/inspection station that have been accepted for repairs by the repair, paint or body shop may be stored/parked outside after regular business hours unless the vehicles in excess of two per bay or repair/inspection station are completely enclosed:
1. Behind a minimum six-foot solid screening fence in accordance with this section;
2. Behind a minimum six-foot solid screen evergreen hedge; or
3. Within a building.
b. The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.
(3) Vehicle storage requirements for wrecked or dismantled vehicles. All wrecked or dismantled vehicles must be stored in an enclosed building or completely enclosed behind a minimum six-foot solid screening fence or a minimum six-foot solid screen evergreen hedge. The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.
(c) No repairs shall be conducted on any premises that adjoin any residential district boundary.
(d) No automobile repair or service facility shall be permitted to have bay doors facing a one- or two-family district.
(e) (1) No vehicle retained for repairs may be stored for more than 60 days from the date the vehicle is accepted for repair. The 60-day time limit may be extended to a total of 180 days from the date the vehicle is accepted for repair if the automotive repair or paint and body shop has begun the process to obtain a lien on the vehicle pursuant to state law. Extension beyond this time shall be considered a change in use of the property and the board of adjustment shall not have jurisdiction to grant any variance to extend the 60-day or the 180-day period.
(2) The time limit in subsection (e)(1) above shall not apply to the repair and/or conditioning of antique vehicles and race car fabrication if the automotive repair or paint and body shop is located in an industrially zoned district.
(3) The time limit in subsection (e)(1) above shall not apply to any vehicle ordered by a court or mandated by arbitration or mediation to be stored by the automotive repair or paint and body shop.
(f) Any property used as an automotive repair, paint or body shop located in a “MU-2,” “I,” “J” or “K” district must comply with subsections (b) and (e) above. Further, such facilities located in an “MU-2” or MU-2G” district must also comply with §§ 4.1302(g)(5) and 4.1303(g)(5) (Fences and Gates) of the respective districts.
(Ord. 13896, passed 10-12-1999; Ord. 14911, § 1, passed 12-18-2001; Ord. 15166, § 1, passed 7-23-2002; Ord. 17093, § 5, passed 8-8-2006)
Editor’s note:
It should be noted that § 4 of Ord. 15166 states, “All automotive repair, paint and body shops shall comply with § 5.104(b) no later than January 1, 2003.
Editor’s note:
Ord. 14624, § 2, adopted May 15, 2001, repealed § 5.105, which pertained to bakery. See the Code Comparative Table.
Bed and breakfast homes may be permitted in accordance with the use tables in Chapter 4, Articles 6, 8, and 12, subject to the following conditions.
(a) A site plan to scale shall be presented to the city council when application is made for a bed and breakfast home conditional use permit showing required off-street parking spaces, driveways, sidewalks and any other paving, and the floor plan of the residence showing bedrooms to be used for public accommodation. Applicant shall submit three photographs of the existing residence; a picture of the front of the property showing the property from the street to the front of the residence; and a view from each side property line showing the property from the property line to the residence. The city council will have no authority to waive the site plan.
(b) Provisions must be made for one off-street parking space per guest room, plus two off-street parking spaces for the owner. The parking area must be a hard surface and dust free. The city council shall have no authority to grant variances to this requirement.
(c) All overnight parking shall be in designated parking spaces, as provided on the site plan.
(1) Other than driveways and sidewalks, the front yard (which means the property from the front of the building to the street) may not be paved. The city council shall have no authority to issue variances to this subsection (c)(1).
(2) All parking areas on property (except driveways) shall be behind any building lines and must be screened from the view of adjacent residences to a height of six feet by a solid screening fence, or dense shrubs and vegetation. The city council shall have no authority to grant variances to this requirement.
(d) Stacked parking is permitted in driveways for a maximum of four vehicles. The city council shall have no authority to issue variances to this subsection (d).
(e) Recreational vehicles, trailer homes, campers and utility trucks exceeding seven-foot height, seven-foot width or 20-foot length may not be parked by the owners or occupants of a bed and breakfast home on the premises or the street.
(f) A maximum of three guest rooms is allowed with no more than three occupants per guest room up to a maximum total of nine guests per night. The city council shall have no authority to issue variances to this subsection (f).
(g) The maximum length of stay is limited to 14 consecutive days for each individual guest. No guest shall stay more than 60 days in a 12-month period.
(h) Signage is limited to one square foot, attached to building or mailbox, non-illuminated, and shall display only the name of the bed and breakfast home on it. No additional outdoor advertising of any kind is allowed. The city council will have no authority to issue variances to this subsection (h).
(i) The floor plan of a bed and breakfast home cannot be altered or changed without approval by the city council.
(j) Basements, garage apartments, guest houses and attic rooms can be rented under these guidelines. Existing garages cannot be converted.
(k) A bed and breakfast home must comply with all applicable state and city health and safety laws.
(l) No weddings, receptions, events or parties may be held at a bed and breakfast home.
(m) No alcoholic beverage may be sold to bed and breakfast guests on the premises.
(n) No cooking is permitted in bedrooms.
(o) No vending machines are allowed.
(p) Souvenirs, clothing or miscellaneous items can be sold only to registered guests by the owner.
(q) No trash dumpsters are allowed.
(r) Owner must secure an annual operator’s license and obtain a certificate of occupancy before operating a bed and breakfast home.
(s) If a bed and breakfast home is also in an historic and cultural landmark (“HC”) overlay district, the strictest guidelines will be enforced.
(t) Guests must register on arrival. A guest must provide name, permanent home address and telephone number, vehicle license number and date(s) of occupancy. Registration records must be maintained for five years and are subject to review by city officials at any time.
(u) A bed and breakfast home may not be located within 400 feet of another bed and breakfast home or inn or a boarding/lodging house. The distance will be determined by a straight line from the closest property line of the lot on which the home is located to the closest property line of the lot on which the other home or inn or boarding/lodging house is located.
(v) A conditional use permit can only be granted for a maximum period of five years and is not transferable to a subsequent owner or to another property.
(w) Violation of this section or any other city ordinance may result in revocation of operator’s license.
(Ord. 13896, passed 10-12-1999; Ord. 23609-03-2019, § 10, passed 3-19-2019)
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