(A) Because the uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the Board of Appeals under the conditions specified, and after public hearing. These uses require special consideration since they service an area larger than the city and require sizable land areas, creating problems of control with reference to abutting use districts.
(B) Reference to those uses falling specifically within the intent of this section is as follows:
(1) Kennels:
(a) Kennels shall be permitted as a special land use only in industrially zoned districts, either I-1 Light Industrial or I-2 Heavy Industrial.
(b) The number of animals to house within a kennel shall be directly proportionate to the facility in which they are housed; the size and number of exterior runs, and the size of the property on which the kennel is located.
(c) The method in which waste material is handled shall be clearly noted and subject to review by the city. Exterior runs shall be cleaned regularly and shall not be allowed to accumulate waste material.
(d) The means of managing noise from both the kennel and exterior runs shall be clearly noted and subject to review by the city. These means may include, but are not limited to landscaping, fencing, additional setback, and special building materials as determined by the city. The city may limit the hours of outdoor activity to limit any inconvenience to surrounding properties.
(e) Any medications or vaccines on the premises shall be kept in a locked location.
(f) Adequate parking shall be indicated on the site plan.
(g) No kennels or outdoor runs shall be located in the front yard.
(h) Any and all necessary state and/or county permits shall be obtained by the kennel operator and kept current. Copies of all necessary permits and licenses shall be provided to the city to ensure compliance.
(2) Soil excavation and filling: The removal of topsoil, subsoil, sand, gravel, rock, aggregates, earth and other similar materials and the depositing and dumping of sand, gravel, earth, rock, stone, concrete minerals and other similar materials shall be subject to the following:
(a) The Board of Appeals shall first seek the findings and recommendations of the Planning Commission clearly demonstrating that the removal, depositing or dumping of the above materials will not permanently impair the intended land use potential of the property in question.
(b) The Board of Appeals may issue a permit and only after a proper notice shall have been made and only after a public hearing shall have been had.
(c) The Board of Appeals may establish standards, operating requirements, applications and review procedures, bonds and other such conditions, restrictions, and safeguards as may be deemed necessary in the interest of public health, safety, and welfare.
(3) Outdoor theaters: Because outdoor theaters possess the unique characteristic of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted within an “I” Industrial District and only when the site in question is surrounded by an “I” District. Outdoor theaters shall further be subject to the following conditions:
(a) The proposed internal design shall receive approval from the Building Inspector and the City Engineer as to adequacy of drainage, lighting, screening and other technical aspects.
(b) Outdoor theaters shall abut directly upon a major thoroughfare and points of ingress and egress shall be available to the outdoor theater only from the major thoroughfares and shall not be available from any residential street.
(c) All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(d) The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed unto, the premises of the outdoor theater site.
(e) The proposed outdoor theater shall be subject further to the review and approval of the City Commission.
(4) Television and radio towers: Television and radio towers and their attendant facilities shall be permitted in any “I” District and only when the site in question is surrounded by an “I” District, subject further to the following conditions:
(a) The use shall be located centrally on a continuous parcel having a dimension at least equal to the height of the tower measured from the base of the tower to all points on each property line.
(b) The proposed site plan shall receive approval from the City Engineer as to adequacy of drainage, lighting, general safety and other technical aspects.
(5) Airports and related uses: Airports, landing fields and platforms, hangers, masts and other facilities for the operation of aircraft, shall be permitted in “I” Industrial Districts, and shall be subject to the following conditions:
(a) The plans for such facility shall be given approval by the Federal Aviation Agency prior to submittal to the Board of Appeals for review and action.
(b) The standards for determining obstructions to air navigation as announced in the FAA Technical Order –18, April 26, 1950 (as amended July 30, 1952) and any other amendments thereto shall be complied with. These standards shall be applied by the class of airport as determined by the FAA.
(c) The area of the clear zone (see FAA definition) shall be provided for within the land area under airport ownership.
(d) To enable the Board of Appeals to determine that the above conditions have been satisfactorily complied with all applications for such uses shall submit detailed site plans showing the location of the site, clear zones and proof of ownership of the land designated as the clear zone.
(e) The proposed airport or related use shall be subject further to the review and approval of the City Commission.
(Prior Code, App., § 1307) (Ord. 91-10, passed 10-17-1991; Am. Ord. 13-06, passed 8-1-2013)