The following uses are permitted in all residential zones subject to the following conditions.
(A) Churches or similar places of worship, parish house, convents, where located at least 50 feet from any other lot in any residential district.
(B) Public, parochial and private schools, where located at least 50 feet from any other lot in any residence district.
(C) Public libraries, public museums and public art galleries where located at least 50 feet from any other lot in any residence district.
(D) Municipal, state or federal administrative or service buildings, where located at least 50 feet from any other lot in any residence district.
(E) Public parks, playgrounds and community centers, provided that any building shall be located at least 50 feet from any other lot in any residence district.
(F) Existing railroad rights-of-way, providing that there is no switching, storage, freight yards or sidings.
(G) Nurseries, truck gardening and the raising of farm crops, but not the raising of poultry, pets or livestock; and provided further that no building shall be erected or maintained on the property which is used for the sole purpose of selling the products grown or raised.
(H) Home occupations.
(1) Generally. It is the intent of this section to allow home occupations only those uses that conform to the standards of this section. In general, a home occupation is an accessory use so located or conducted that the average neighbor, under normal circumstances, would not be aware of its existence. The standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the neighborhood and to maintain the subordinate and incidental status of the home occupation. It is intended that the home occupation shall be incidental to the principal use of the dwelling unit as a residence. No home occupation shall interfere with the reasonable use and enjoyment of neighboring residential properties.
(2) Unrelated employees. A home occupation shall employ only members of the immediate family and no more than one individual who is unrelated to the family residing on the premises.
(3) Floor area. The total area used for a home occupation shall not exceed 25% of the gross floor are of a dwelling, or 300 square feet (not including garage area) whichever is less.
(4) Neighborhood interference. The home occupation shall not interfere with the reasonable use and enjoyment of neighboring residential properties, and shall be located or conducted so that the average neighbor, under normal circumstances, would not be aware of its existence.
(5) Dwelling alterations. In any residential district, a principal residential building shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building.
(6) Outdoor storage. No storage or display of material, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
(7) Nuisances. A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dust odors or heat detectable beyond the property lines shall constitute a violation of the terms of the provision. The judgement of the Building Official shall be considered decisive and final in this matter unless formally appealed to the Zoning Board of Appeals within 30 days of the building official’s written determination.
(8) Delivery. There shall be no commodity sold or services rendered that require delivery or shipment of merchandise, goods or equipment by other than common carrier, passenger sized motor vehicles, three-quarter to step-up van or similar sized trucks.
(9) Parking. See § 153.093. Additionally, no more than three related automobile visits to the premises at any given moment in time within the period of 6:00 a.m. to 8:00 p.m. daily shall be permitted.
(10) Signs. One flush mount, non-illuminated identification sign not to exceed two square feet in size may be installed on the facade of a building for the purpose of identifying a home occupation.
(11) Prohibited uses. The following uses, in addition to those uses which do not meet the standards set forth within this chapter shall be prohibited as home occupations:
(a) Animal hospitals;
(b) Clinics; medical and dental;
(c) Eating and drinking establishments;
(d) Hospitals, sanitariums and nursing homes;
(e) Kennels;
(f) Rental of mobile homes, trailers and camper trailers;
(g) Stables;
(h) Undertaking establishments and funeral parlors;
(i) Auto, tractor repair shops;
(j) General retail;
(k) Private clubs;
(l) Animal grooming establishments; and
(m) Dance schools.
(12) Application procedures. Any person desiring to obtain a permit for a home occupation shall make an application for same with the Zoning Enforcement Officer of the city, or his or her designee. The application shall be made on such forms as required by the city. There shall be a non-refundable fee of $50 for the initial application.
(13) Miscellaneous. The applicant understands that the special use permit is revocable if the rules and regulations are not adhered to. A home occupation shall be considered abandoned if it is discontinued for a period of three consecutive months during any calendar year. After such abandonment, an application to resume the home occupation must be filed with and approved by the Planning Commission. Mandatory review by the Commission of home occupations shall occur after the first six months of operation and thereafter annually. The purpose of the review is to determine compliance with any conditions imposed by the commission and to ensure no adverse effects, resulting from the home occupation, have occurred in the neighborhood.
(I) One unlighted or unilluminated sign advertising the sale or rent of the land or building upon which it is located. Such sign shall not exceed ten square feet in area, and shall be distant from the street line not less than one-half of the front yard depth.
(J) One sign or bulletin board not exceeding 12 square feet in area in connection with churches or public buildings.
(K) A nonconforming business use may have exterior signs aggregating not more than 12 square feet in area on any lot.
(L) The taking of boarders or leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed two in any one-family dwelling, or one per dwelling unit in any multiple dwelling.
(M) Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building and not nearer than three feet to any wall thereof; provided, however, no part of any accessory building may used for residence purposes, except that domestic employees of the owner, lessee or occupants of the principal building, and the family of such employee may have quarters in such accessory building. No accessory building shall exceed 15 feet in height. No required front yard shall be used for the open-air parking or storage of motor vehicles.
(N) Any building used as a residence shall contain on the ground floor at least 700 square feet of livable floor space in a R-1 District and 600 square feet in an R-2 District.
(O) Cemeteries, provided the location thereof is approved by resolution of the City Council after public hearing held and recommendation made by the Planning Commission.
(P) Planned development, under single ownership or control, in which incidental business and recreational facilities for the convenience of the occupants may be furnished provided that the property shall have a gross area of at least 30 acres and provided that permitted business uses shall be limited to those uses allowed in C-1 Districts and that they shall not occupy more than ten per cent of the gross land area of the development.
(1) For such developments the City Council may vary bulk regulations of this chapter if such variations are consistent with general purpose and intent of this chapter, and will result in better site planning and thus be of greater benefit both to the occupants of the development and to the surrounding neighborhood.
(2) The location of the planned development must be approved by resolution of the City Council after a public hearing held and recommendation made by the Planning Commission.
(Q) No part of any satellite earth station shall be any closer than ten feet to any lot line, street or alley. Also not to reach a height of more than 35 feet from ground level.
(Ord. passed 2-25-1960; Ord. passed 9-9-1985; Ord. passed 10-27-1994; Ord. 2007-12, passed 12-10-2007)