(A) Purpose. The purpose of this section is to promote compatibility among land uses in the city by establishing specific standards for the establishment of limited uses which are indicated in the use tables in § 156.C.003, Use Table.
(B) Application. Limited uses may be authorized by the Zoning Administrator, or designee, for uses shown as limited "L" and only if they meet the standards of this section and other applicable standards and requirements of this Zoning Ordinance.
(C) Timing of compliance. The standards of this section apply at the time a limited use is requested to be established in an existing or new structure, or when an existing limited use is proposed to be expanded by more than 10% of the existing square footage currently devoted to the use. This section applies to an expansion of use whether it is to or within an existing building, in an outdoor area devoted to the use, or a combination of these characteristics.
(D) Standards for all limited uses. An application for limited use permit may be approved if, in addition to the specific standards of this section that apply to the use, it is demonstrated that:
(1) The proposed limited use in its proposed location shall not conflict with the implementation of current adopted plans of the city; and
(2) The limited use is compatible with surrounding land uses and natural environment, and shall not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar limited uses that is likely to discourage permitted uses by making the vicinity less desirable for them).
(E) Specific standards for limited uses.
(1) Community garden.
(a) No sale of items grown or any other items may take place on-site.
(b) Storage of equipment and materials shall be inside a structure or screened.
(c) Compost storage, if utilized, shall have a setback of a minimum of 30 feet from the front and ten feet from any side or rear property line. Compost storage shall be used only to support onsite operations.
(d) Community gardens that have ceased permanent operation or been abandoned, shall be cleared, all associated structures removed, and the area re-vegetated no more than 30 days after the date of discontinued operations, unless otherwise specified by the Zoning Administrator, not to exceed 90 days.
(2) Kennel. Outdoor runs shall be prohibited.
(3) Plant nursery, greenhouse, and landscaping business. Outdoor storage areas shall be enclosed with a fence or wall that is in compliance with § 156.F.005, Screening.
(4) All other agriculture and animal-related services. The use shall not include activity which may be considered a public nuisance which is offensive to adjacent properties due to increased noise, traffic or odors.
(5) Upper-story residential.
(a) The use shall comply with the development standards of a mixed-use building.
(b) The minimum floor area of the use shall be 300 square feet.
(c) The maximum density of the district shall not apply.
(6) Day care uses (child and adult).
(a) The use shall be operated in accordance with all applicable laws and, if a state permit is required, such permit shall be obtained prior to beginning operation.
(b) The use may be part of a place of public assembly, provided the place of public assembly is in conformance with the standards of this Zoning Ordinance.
(c) Primary access to the site shall be from a public roadway.
(7) All other educational facilities. All buildings shall be located at least 50 feet from any adjoining property line, including right-of-way lines.
(8) Public assembly uses.
(a) Parking shall be provided on-site or off-site with Zoning Administrator approval.
(b) The use shall be conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
(c) Expansion to abutting lots or parcels shall meet the following standards:
1. The applicant shall control the property onto which the expansion is proposed;
2. It shall allow the use to take access from a public roadway;
3. It will involve the installation of a Type B bufferyard between the use and abutting residential uses, unless equivalent buffering is already provided; and
4. The expansion will not involve the location of buildings or parking within 50 feet of residential property.
(9) Solar panel array (as principal use). Solar panel arrays installed as a utility-scale solar energy system and as the principal use shall conform to all height, setback, and landscaping requirements within the underlying district. The following additional standards apply to all solar panel arrays as a principle use:
(a) Prohibited. Concentrating solar power (CSP) systems shall be prohibited.
(b) Site plan. A site plan shall be submitted to the Zoning Administrator demonstrating compliance with:
1. Setback and height limitations as established in the underlying zoning district;
2. Applicable zoning district requirements such as landscape surface area ratio; and
3. Applicable solar requirements per this section.
(c) Compliance. Solar arrays installed as utility-scale solar energy system installations shall comply with applicable local, state, and federal regulations.
(d) Building code compliant. All solar panel array systems shall be compliant with all currently adopted building codes.
(e) Stormwater management. Solar panel arrays shall be considered pervious and therefore shall be exempt from the calculation of the landscape surface ratio requirements in the underlying zoning district. The support or mounting posts, footings, impervious driveway surfaces, parking areas, and buildings on the site shall count toward the coverage requirements.
(f) Solar glare. Solar panel arrays that use concentrator technologies and have not incorporated antiglare measures into the system or installation shall be placed in areas so that the concentrated solar glare shall not be directed onto inhabited adjacent properties or roadways.
(g) Design. The design of the solar panel arrays shall use materials, colors, textures, screening, and landscaping similar to their background or the existing natural environment to the most reasonable extent possible without prohibiting the installation.
(h) Fencing. A security fence must be installed along all exterior sides of the utility-scale solar array installation and be equipped with a minimum of one gate and locking mechanism on the primary access side. Security fences, gates, and warning signs must be maintained in good condition until the installation is dismantled and removed from the site according to the decommissioning plan as established in division (E)(8)(k) of this section.
(i) Signs. Signs shall comply with Article G, Signs.
(j) Buffering. The site shall be constructed with buffering as required in § 156.F.004, Buffering.
(k) Decommissioning plan.
1. The applicant shall submit a decommissioning plan signed by the party responsible for decommissioning and the landowner addressing the following with the permit application.
A. Defined conditions upon which decommissioning will be initiated (e.g. end of land lease, no power production for 12 months, etc.).
B. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations.
C. Restoration of property to the condition prior to the development of the utility-scale solar panel array system.
D. The timeframe for completion of decommissioning activities.
E. Description of any agreement (e.g. lease) with the landowner regarding decommissioning.
F. The party currently responsible for decommissioning.
G. Plans for updating this decommissioning plan.
(10) Farmers market.
(a) The site shall be supplied with electrical power at secured, in-ground stations that may be accessed by temporary users.
(b) The use is separated from all residential property by a Type B bufferyard, in accordance with § 156.F.004, Buffering, or a local street or collector roadway.
(c) The use will be conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
(11) Recreational vehicle parks. Site plans shall include information related to the following criteria which must be approved by the Zoning Administrator.
(a) Utility plan showing service to the site and individual spots.
(b) Fire access throughout the park which meets approval of the Fire Department.
(c) Compliance with buffering, landscaping and screening requirements.
(d) Plan for disposal of waste.
(12) All commercial parking.
(a) All lots must comply with the parking lot design and landscaping standards.
(b) Lots shall be within 600 feet of the primary use property.
(13) Building or development contractor.
(a) Screening. Outdoor storage shall be fully screened from adjacent nonindustrial uses.
(b) Bufferyard. The use shall be separated from a nonindustrial use by a Type C Bufferyard, in accordance with § 156.F.004, Buffering.
(14) Micro-manufacturing.
(a) Gross floor area. The maximum gross floor area of a micro-manufacturing facility shall not exceed 5,000 square feet.
(b) Outdoor storage. No outdoor storage is permitted.
(15) Research and development laboratory.
(a) All testing conducted onsite is within a fully enclosed building.
(b) All materials and equipment are stored in areas screened from public view.
(16) Other light industrial uses.
(a) Indoor operations. All operations shall be conducted completely within a building, except limited daily outdoor operations and storage may occur behind the building and a minimum of 50 feet from any property line.
(b) Nuisances. No impacts or by-products of the use, including noise, dust, or odor shall be discernible from abutting property.
(c) Outdoor storage. Outdoor storage shall be screened from view from the public-right-of-way and adjacent properties with a Type C Bufferyard in accordance with § 156.F.004, Buffering.
(Ord. 15039, passed 4-11-2022)