1153.04 CONDITIONALLY PERMITTED USE REGULATIONS.

   (a)   Regulations applicable to conditionally permitted uses are as follows:

(1)   All structures and activity areas should be located at least 100 feet from all property lines.

(2)   Loudspeakers which cause a hazard or annoyance shall not be permitted.

(3)   All points of entrance or exit should be located no closer than 200 feet from the intersection of two (2) major thoroughfares, or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.

(4)   There shall be no more than one advertisement oriented to each abutting road identifying the activity.

(5)   No lighting shall constitute a nuisance or shall in any way impair safe movement of traffic on any street or highway. No lighting shall shine directly on adjacent properties.

(6)   Elementary school structures should be located on a collector thoroughfare.

(7)   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.

(8)   Such developments should be located adjacent to nonresidential uses such as churches, parks, industrial or commercial districts.

(9)   Such uses shall not require uneconomical extensions of utility services at the expense of the community.

(10)   Site locations should be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into the area, especially if a residential area.

(11)   Such uses should be properly landscaped to be harmonious with surrounding uses, especially if residential uses.

(12)   Such structures should be located adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.

(13)   Truck routes shall be established for movement in and out of the development in such a way that it will minimize the wear on public streets and prevent hazards and damage to other properties in the community.

(14)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general. A bond may be required to insure that this provision will be met.

(15)   Such developments should be located on or immediately adjacent to State highways.

(16)   Special provisions for group dwellings:

A.   Group dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements; the entire group as a unit requiring one front and rear and two (2) side yards as specified for dwellings in the appropriate district.

B.   Each two (2) or two and one-half (2½) story group dwelling development shall have a minimum court of forty (40) feet in width and forty (40) feet in length, in addition to its required yards, and each one story group dwelling development shall have a minimum court of thirty (30) feet in width and thirty (30) feet in length, in addition to its required yards.

C.   In a group dwelling development, no two (2) separate dwelling structures shall be closer than fifteen (15) feet to each other along the sides or end of a court.

D.   The court shall be unoccupied by any building or other structures, except fire hydrants, utility poles or other street improvements.

E.   The court shall have an unobstructed opening, not less than thirty (30) feet wide, onto the front yard of a lot which has a width not less than that required in the district in which it is located.

(17)   Such uses shall be permitted under the following conditions:

A.   Provided that such facilities are located at the extremity of the business districts so as not to interfere with the pedestrian interchange between stores in the district, and provided further, that it would not limit expansion of the pedestrian-oriented facilities.

B.   No more than two (2) driveway approaches shall be permitted directly from any thoroughfares and shall not exceed thirty (30) feet in width at the property line.

C.   If the property fronts on two (2) or more streets, the driveways shall be located as far from the street intersections as is practical.

D.   At least a six (6)-inch high pedestrian safety curb shall be installed along all street right-of-way lines, except at driveway approaches, where parking and/or service areas adjoin any right-of-way lines.

(18)   Any temporary structures must be indicated as such on site plans submitted to the Planning Commission for approval. Such structures shall not be continued as permanent structures. The period of continuance shall be set by the Planning Commission.

(19)   Such uses should be located on a major thoroughfare, adjacent to nonresidential uses such as commerce, industry or recreation, or adjacent to sparsely settled residential uses.

(20)   The area proposed for a cemetery shall be used for cemetery purposes only, and shall meet the following requirements:

A.   Except for office uses incidental to cemetery operations, no business or commercial uses of any kind shall be permitted on the cemetery site.

B.   Minimum area required for a cemetery site shall be forty (40) acres.

C.   A building of brick and/or stone, solid and/or veneered, shall be provided if storage of maintenance equipment and/or materials is to be necessary.

D.   Pavement width of driveways shall be at least twenty (20) feet (ten (10) feet per moving lane).

E.   Drives shall be of usable shape, improved with bituminous, concrete or equivalent surfacing and so graded and drained as to dispose of all surface water accumulation within the area.

F.   Pavement is to be installed as development progresses and as indicated on the final plans approved by the Planning Commission.

G.   Sufficient parking space shall be provided as not to deter traffic flow within the cemetery.

H.   Area drainage and/or sanitary facilities are subject to approval by the City Engineer prior to the issuance of a conditional use permit.

I.   Only signs designating entrances, exits, traffic direction and titles shall be permitted, and must be approved by the Planning Commission.

J.   Adequate screening with shrubs, trees or compact hedge shall be provided parallel to property lines adjacent to or abutting residential dwellings. Such shrubs, trees and hedges shall not be less than two (2) feet in height and must be maintained in good condition.

K.   Provisions shall be made for landscaping throughout the cemetery.

L.   Location of cemetery buildings and all other structures shall conform to front, side and rear yard building lines of the particular district in which it is located.

M.   No grave sites shall be located within 100 feet of the right-of-way lines of any publicly dedicated thoroughfare.

N.   A grave site shall not be within 200 feet of an existing residence unless the owner of such residence gives his written consent.

O.   Guarantees shall be made that the cemetery will be developed as proposed on the plans approved by the Planning Commission and the City Engineer. Guarantees shall be in a form approved of by the Planning Commission and may be one of the following:

1.   A performance bond of twenty-five thousand dollars ($25,000) for cemeteries of forty (40) acres. An additional five thousand dollars ($5,000) shall be required for each ten (10) acres over forty (40) acres or for each ten (10) acres added at a later date. The amount of the bond will be reduced annually, and by an amount that will leave the balance of the bond proportional to the portion of the cemetery not developed to the specifications of the plans approved by the Planning Commission and the City Engineer.

2.   Other methods as might be worked out by the Planning Commission, Council, developers and their legal advisors.

P.   A trust fund of an amount set by the Planning Commission shall be established by the cemetery developers for the perpetual maintenance of the cemetery grounds. The trust fund shall be established before any burial spaces are sold or used and shall be held and invested by a financial institution mutually agreed upon by the developers and Council. A percentage of the money from the sale of each burial space shall be put into the maintenance trust fund. The percentage shall be an amount set by the Planning Commission. Interest yielded by the fund shall be applied toward the maintenance of the cemetery grounds.

(21)   In the interests of the community and other industries within the I-1 Industrial District, the Planning Commission may, in regard to an industrial operation whose effects on adjacent premises are not readily known, seek expert advice on what conditions should be imposed on the particular industrial operation to reasonably modify any injurious or offensive effect likely to result from such an operation. The cost of securing such expert assistance shall be borne by the applicant.

(22)   Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted, and shall include such uses as refreshment stands, souvenir stands and concession stands.

(23)   All facilities and structures shall meet all City and/or State health, building, electrical and other applicable codes.

(24)   All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.

(25)   The proposed site plan for the project shall comply with all of the standards, criteria and regulations of Chapter 1109.

(26)   No zoning certificate shall be issued until final site plans have been submitted and approved by the Planning Commission. Site plans shall show the following: drainage, including storm water, location of all buildings, fuel tanks, if any, off-street parking and service facilities, water supply, sanitation, walks, fences, walls, landscaping, outside lighting, traffic flow and its relation to abutting streets, and topography. No zoning certificate shall be issued until the approval by the appropriate State, County and City health departments has been obtained concerning the proposed sanitary sewerage facilities.

(27)   The design and construction of all access drives, access points to public streets and parking and service areas shall be approved by the Planning Commission.

(28)   A performance bond or other financial guarantee acceptable to the Planning Commission shall be placed with the City to insure that the landscaping is installed, that the hard-surfacing of the access drives and parking and service areas is installed, and that adequate storm water drainage is installed, all in accordance with the plans approved by the Planning Commission.

(29)   All activities, except those required to be performed at fuel pumps, shall be carried on inside a building. If work is performed on a vehicle, the vehicle shall be entirely within a building.

(30)   It is the intent of this subsection to permit trailer parks that house only independent trailers, and such trailer parks should be located on or have direct access to major thoroughfares. The area shall be in one ownership, or if in several ownerships the application shall be filed jointly by all the owners of the properties included in the plan. The following conditions shall apply:

A.   In addition to the other requirements of this subsection, the application shall include any other data the Planning Commission may require.

B.   Each boundary of the park must be at least 200 feet from any permanent residential building outside the park, unless separated therefrom by a natural or artificial barrier.

C.   The park shall be graded to be well drained.

D.   Trailer spaces shall be a minimum of 4,000 square feet for each space and at least forty (40) feet wide and clearly defined. The density of the development shall not exceed eight trailers per acre of total project site; the minimum size of the project to be developed shall be at least ten (10) acres.

E.   There shall be at least a twenty (20) feet clearance between trailers. No trailer shall be closer than twenty (20) feet from any building within the park or fifty (50) feet from any property line building the park.

D.   All trailer spaces shall abut upon a driveway of not less than twenty (20) feet in pavement width, which shall have unobstructed access to a public thoroughfare. All paving and street lighting shall meet the requirements of City street standards.

G.   Each park shall provide service buildings to house laundry, storage facilities and offices. Construction shall meet the standards of the City and/or County Building Code. Walkways not less than four (4) feet wide and paved shall be provided from the trailer spaces to the service buildings.

H.   Each trailer space shall be provided with a three (3)-wire 240-volt electric service, and City and/or County approved water and sewer connections; all utility lines within the park shall be installed underground.

I.   Adequate garbage and rubbish cans shall be provided no further than 300 feet from any trailer space.

J.   Each park shall be equipped at all times with adequate fire extinguishing equipment as determined by the Fire Department which serves that area.

K.   No pet animal shall run at large or commit any nuisance within the limits of any trailer park, on adjacent properties or the surrounding area.

L.   In addition to the 4,000 square feet of each trailer lot, recreation and open space shall be provided within the overall trailer park tract at the rate of at least 1,500 square feet per trailer site; the shape, location, design and landscaping of recreation and open spaces shall be approved by the Planning Commission. All recreation and open spaces shall be maintained in a neat, orderly and safe condition so as not to create a menace to the health and safety of any park occupant, visitor, neighboring land occupant or the general public.
(Ord. 109-14. Passed 6-23-14.)

(31)   Such uses shall be permitted under the following conditions:

A.   The premises shall be used for vehicle servicing only. No rental, storage, parking or sales of trailers or vehicles of any type, or tools or other equipment, shall be permitted.

B.   The sale of seasonal products, such as Christmas trees, landscaping materials, garden materials and equipment, etc. shall not be permitted.

C.   The rental, leasing or permitting of parking of vehicles, except for servicing and/or emergency purposes, shall not be permitted.
(Ord. 63-16. Passed 5-9-16.)

(32)   It is the intent of this subsection to permit appropriately located senior citizen's housing developments a variation in density and parking regulations. The area proposed shall be in single ownership, or if in several ownerships, the application shall be filed jointly by all of the owners of the properties included in the plan. The following conditions shall apply:

A.   The development shall be located within convenient walking distance of shopping community facilities.

B.   Each dwelling unit shall be occupied by a household in which the head is sixty-two (62) years of age or older; except that one dwelling unit may be occupied by a custodian for the development without regard to age.

C.   The density of the development shall not exceed eighteen (18) dwelling units per acre.

D.   No dwelling unit in the development shall include more than two (2) bedrooms.

(33)   Veterinary Offices.

A.   There shall be no burial or incineration of animals on the premises.

B.   All activities shall be conducted within a totally enclosed and air-conditioned building.

C.   Animals treated shall be those ordinary household pets capable of being cared for entirely within the confines of a dwelling unit.

D.   Trash storage areas shall be screened from view from adjacent dwellings. All parking areas and driveways shall be separated from adjacent dwellings by a landscaped strip at least five (5) feet wide. The landscaped strip shall be improved with shrubs, hedges, trees or a decorative fence to screen paved areas from adjacent dwellings.

E.   No animals shall be kept overnight on the premises.

(34)   Dwelling units are permitted under the following conditions:

A.   First floor dwelling units in the C-2 Public Square Area as defined in Section 1135.07 (b), Dwelling Unit Regulations, shall not be in buildings which face on Public Square.

B.   First floor dwelling units shall not detract from the use of adjacent buildings for commercial purposes and shall not be detrimental to the function of the C-2 Public Square Area as a service center for both the City and County.

(35)   Sexually Oriented Business Location.

A.   A sexually oriented business shall not be operated within 500 feet of:

1.   A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

2.   A public or private education facility as defined in Section 711.02 of the Business Regulation Code;

3.   A boundary of a residential, multi-family or historical district as defined in these Codified Ordinances;

4.   A public park or recreational area as defined in Section 711.02 of the Business Regulation Code;

5.   Any public library;

6.   A hospital, nursing home, assisted living or other institution used for human medical care;

7.   Another sexually oriented business.

B.   For the purpose of subsection (a)(35)A. hereof, measurements shall be made in a straight line, without regard to intervening structures or objects from the nearest portion of the sexually oriented business premises to the nearest property line of the restricted locations designated in subsection (a)(35)A. hereof.

C.   Any sexually oriented business lawfully operating on the effective date of this zoning code (see Section 1103.01 , Effective Date), that is in violation of subsection (a)(35), Sexually Oriented Business Location, hereof shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed five (5) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

D.   A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of an establishment identified in subsection (a)(35) hereof. This provision applies only to the renewal of a valid sexually oriented business license, and does not apply when an application for a sexually oriented business license is submitted after a sexually oriented business license has expired or has been revoked.

E.   A sexually oriented business shall not be substantially enlarged.

      (37)   Such uses shall be conducted not closer than 100 feet from any R District. Where the I District abuts upon but is separated from R District by a street, the width of the street may be considered as part of the required setback. The construction, operation and maintenance of such uses shall be such that they will not be hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water carried wastes.
(Ord. 109-14. Passed 6-23-14.)

      (38)   In the interests of the health, safety, general welfare and the protection of property values of the community, the area and adjoining land uses, and the other industries within the I-1 District, the Planning Commission may require any conditions deemed necessary. In regard to an industrial operation whose effects on adjacent premises, the area or the community are not readily known, the Planning Commission may seek expert advice on what conditions should be imposed on the particular industrial operation to reasonably modify any injurious or offensive effects likely to result from such an operation. The cost of securing such expert assistance shall be borne by the applicant.
(Ord. 84-16. Passed 6-27-16.)

      (39)   Outdoor dining facilities. Outside areas adjacent to restaurants for the consumption of food or beverages shall be subject to the following provisions:

         A.   Alcoholic beverages may be served in outdoor dining facilities only from 11:00 a.m. to midnight weekdays and until 1:00 a.m. weekends and must be in conjunction with the service of food and meals.

         B.   Outdoor dining facilities shall be buffered with opaque landscaping and/or fencing to provide a visual and acoustic barrier to surrounding residential uses.

         C.   No outdoor dining facility shall be permitted within the minimum building setbacks.

         D.   No outdoor entertainment or activities, whether by radio, band, musician, organized games, loudspeaker, or microphone shall be permitted.

            (Ord. 109-14. Passed 6-23-14.)