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In addition to the standards for all conditional uses in Section 1298.07 above, the following standards shall apply to the specific conditional uses listed in this section:
(a) Mini-Storage Facility.
(1) All storage shall be within an enclosed building except where the nature and location of outdoor storage is specifically approved by the Planning Commission.
(2) An on-site leasing office shall be provided.
(3) A minimum of five parking spaces shall be provided near the leasing office.
(4) All drives, parking, loading and unloading areas shall be paved and shall be located only as approved in the site plan.
(5) Sufficient space shall be provided in the paved lanes serving the storage units to accommodate on-site movement of vehicles and the parking and loading/unloading of trucks, vans, trailers, and automobiles of persons using the units.
(6) No dwelling will be permitted on the same lot.
(7) Fencing of the perimeter shall be provided as determined by the Planning Commission in a manner which promotes security and presents an appropriate appearance to abutting properties. The fence shall be landscaped as required in the approved site plan.
(8) Door openings facing residential districts shall not be permitted unless approved by the Planning Commission.
(9) Activities on the site shall be limited to the storage of property only. Outdoor vehicle, trailer, or boat storage shall only be permitted in locations on the site specifically approved by the Planning Commission.
(10) Hours of operation shall only be as approved by the Planning Commission, after consideration of the impact of the proposed use upon the character, safety, and tranquility of the neighborhood.
(b) Towing Service/Impound Operation.
(1) Parking of employee vehicles, vehicles used in the operation of the business, and vehicles held for disposal shall only be permitted in the locations approved in the conditional use permit. Parking and storage of vehicles not related to the principal use of the site, or to an approved accessory use, shall not be permitted.
(2) Vehicles held for disposal shall not be stored on the site for more than 21 days, unless the vehicle is pending court order release or is pending law enforcement investigation. The owner and operator of the towing service and impound operation shall, at all times, maintain a record of the date of arrival to the site and removal from the site of all vehicles. The owner or operator shall, at any time during normal business hours, present the record to the Building and Zoning Inspector for inspection and shall provide a copy of the record to the Building and Zoning Inspector within 48 hours after receipt of a written request for such copy.
(3) Vehicle sales, service, rental, or leasing shall not be permitted on the site unless specifically approved.
(4) Temporary outdoor storage of discarded materials, vehicle parts, scrap and other waste prior to collection and disposal shall only be permitted within a storage area completely surrounded by a gated masonry wall six feet in height or other screening approved in the site plan. Such screening shall be set back at least 25 feet from any lot line which abuts a residential district. This area between the lot line and the screening shall be landscaped as approved by the Planning Commission.
(5) Curb cuts shall be limited to one per site. On corner lots, curb cuts shall be limited to one per road.
(6) Outdoor repair, preparation, cleaning, assembly, disassembly, or other outdoor activities shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved in the conditional use permit.
(7) Outdoor storage shall be screened by such walls, fences and landscaping as may be determined by the Planning Commission to be adequate to appropriately screen such materials and equipment from outside the boundaries of the lot.
(8) A site plan of the area proposed for outdoor storage shall be submitted for review and approval with the conditional use permit. The plans shall show the type of materials or equipment to be stored, all principal buildings on the site, property lines, abutting roads and proposed screening methods.
(c) Auto Sales, Used.
(1) Used auto sales, rental or leasing shall be permitted on the site as approved in the Conditional Use Permit.
(2) Used autos displayed for sale, rental or leasing shall have all body parts and shall be in operable condition.
(3) The auto sales operation shall include a principal building on the same site.
(4) Used autos displayed for sale shall be screened by such walls, fences and landscaping as may be determined by the Planning Commission to be adequate to appropriately screen such autos from outside the side and rear boundaries of the lot.
(5) A landscaped area of at least ten feet in width shall be provided along the front line of the subject site. This area shall be landscaped as approved by the Planning Commission. This area shall not be used for display of autos.
(6) Repair, preparation, assembly, disassembly or other activities, except for washing or waxing, shall only be permitted within a completely enclosed building, except where the nature and location of the outdoor activity is specifically approved by the Planning Commission.
(7) Curb cuts shall be limited to two per site. On corner lots, curb cuts shall be limited to one per road.
(8) The area to be used for the display or storage of autos shall be clearly indicated on the site plan.
(d) Home Occupations Type A and Type B. See Section 1298.02(a)(4). A home occupation may be established as an accessory use on a lot on which a dwelling is the principal use provided that it complies with the regulations of this Zoning Code.
(1) Zoning permit required. A home occupation shall only be established subsequent to issuance of a zoning permit. The applicant for the zoning permit shall be the owner of the property.
A. Home occupation, Type A: The Zoning Inspector is authorized to approve Type A home occupations by issuance of a zoning permit in compliance with the standards provided herein.
B. Home occupation, Type B: Type B home occupations shall only be established subsequent to approval by the Board of Zoning and Building Appeals of an application for a conditional use permit in compliance with the standards provided herein.
(2) Standards. A home occupation shall comply with the following standards:
A. Only the residents of the dwelling in which the home occupation is located, plus one employee who is not a resident shall own, conduct, participate in, or be employed in the home occupation. No person who is not either a permanent resident of the dwelling or the one employee who is not a permanent resident allowed under the preceding sentence to be so employed shall own, conduct, participate in, or be employed in the home occupation.
B. No more than one passenger car or other motor vehicle designed to carry a load of no more than one ton used in the conduct of the business shall be parked on the lot. It shall be parked in a garage or on a paved exterior parking area on the lot. Other equipment, including trailers, shall only be stored in a garage, which is part of the main building or an approved accessory structure.
C. No exterior alteration of the dwelling shall be permitted which is not consistent and compatible with the normal scale, orientation, or appearance of typical dwellings in the neighborhood.
D. A home occupation shall not occupy an area greater than 25% of the floor area of one story of the dwelling, including any storage or operations in that part of the dwelling which is the garage, nor more than 50% of the basement.
E. No home occupation shall have more than five customers or visitors to the lot per day. Any home occupation which involves instruction in music, dance or similar arts may have up to eight students on the lot per day for individual instruction only. Visitors and deliveries shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m.
F. There shall be no substantial retailing or wholesaling of stocks, supplies or products conducted on the premises; however, delivery of retail products in the consumer off-premises, such as in the course of a mail order business, shall be permitted.
G. Except for the specific permitted impacts established in A. through F. above, or other impacts approved by the Board of Zoning and Building Appeals, no home occupation shall cause any impact which is perceptible outside of the dwelling including: noise; electrical or electronic interference; use of utilities in excess of normal residential use; traffic; parking of vehicles upon the lot or upon the public street; exterior storage of materials, equipment or waste; lighting in excess of normal residential lighting; or other impacts dissimilar from normal dwelling use. No use shall be permitted which causes or may cause a hazard which exceeds the hazards typical of dwelling use.
(e) Class I Skill-based Amusement Arcades in B-2 and B-3 Districts Only.
(1) The operation shall be in full compliance with licensing requirements set forth in any and all City ordinances regulating skill-based amusement arcades.
(2) All structures, activity and parking areas shall be located at least 50 feet from all property lines.
(3) There shall be no more than one ground or wall sign oriented to each abutting street identifying the activity or business.
(4) Exterior lighting shall be of sufficient intensity to illuminate every means of ingress and egress and adjacent parking areas.
(5) No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
(6) Such uses shall be located on a collector street or major thoroughfare.
(7) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to a single property, individual or to the community in general.
(8) A Class I skill-based amusement arcade shall not be located within 1,000 feet of another Class I arcade. Measurement shall be made from closest points of any walls between two arcades.
(9) Arcades shall not open earlier than 9:00 a.m. and close no later than 2:30 a.m.
(10) All doors to the business used for ingress and egress by patrons shall remain unlocked during hours of operation.
(11) The owner, lessee, and/or sublessee of the property shall independently provide a written narrative of the business operation.
(12) The premises shall be handicap-accessible throughout.
(13) No smoking is permitted in the arcade and adequate signage shall be posted.
(14) On-premises food consumption provision and services shall comply with State, County and local health regulations.
(15) The names, residence addresses and telephone numbers of the owner(s), operator(s) and all managers shall be maintained current and on file with the Director of Public Service or his or her designee.
(16) No such business shall be located closer than 1,000 feet to the property line of a church, public park, library or school in regular use.
(17) For purposes of this division (e), a "Class I skill-based amusement arcade" shall have the same meaning as set forth in regulations adopted in Chapter 856, and as amended or otherwise modified.
(18) The Planning Commission may assign additional reasonable requirements and safeguards to ensure the proposed use is in compliance and appropriate in the location in which it is proposed.
(f) Class II Skill-Based Amusement Arcades in B-2 and B-3 Districts Only.
(1) The operation shall be in full compliance with licensing requirements set forth in any and all City Ordinances regulating skill-based amusement arcades.
(2) Only two window signs, four square feet or smaller, are permitted advertising this use.
(3) The owner, lessee and/or sublessee of the property shall independently provide a written narrative of the arcade operation.
(4) The names and telephone numbers of the owner(s), operator(s) and all managers shall be maintained current and on file with the Director of Public Service or his or her designee.
(5) The Planning Commission may assign additional reasonable requirements and safeguards to ensure the proposed use is in compliance and appropriate in the location in which it is proposed.
(6) For purposes of this division (f), a "Class II skill-based amusement arcade" shall have the same meaning as set forth in regulations adopted in Chapter 856, and as amended or otherwise modified.
(g) Alternative Energy Source, Freestanding Wind Turbines.
(1) Application submittals shall include a site plan identifying the location of the turbine, location of all adjacent structures, all above ground transmission lines, gas or oil storage facilities, electrical components of the turbine system, detailed specifications for the wind turbine, a property entry agreement providing city access to the site, maximum decibel levels and maintenance schedule from the manufacturer, and evidence that the applicant has communicated with the local electric utility company regarding proposed interconnection to the utility grid.
(2) Wind turbines supported by guy wires are not permitted.
(3) All wind turbines shall be UL listed.
(4) All transmission lines shall be placed underground.
(5) A freestanding wind turbine shall be not be installed or erected on a mound or base for the intention of siting the system higher than the natural grade and shall not exceed 55 feet from natural grade to the tip of the blade in its vertical position.
(6) The minimum fall zone for freestanding wind turbines shall be equal to the height of the turbine plus ten feet and shall be measured from the base of the tower to overhead transmission lines, public or private streets, above ground gas or oil storage or pumping facilities, property lines and/or buildings meant for human occupation.
(7) The entire fall zone for freestanding turbines shall be free of overhead transmission lines, public or private streets, above ground gas or oil storage or pumping facilities and/or buildings meant for human occupation.
(8) Signage identifying the manufacturer, owner, voltage and emergency contacts shall be posted on the turbine. Signage shall not exceed one square foot.
(Ord. 52-2002. Passed 9-23-02; Ord. 3-2004. Passed 2-9-04; Ord. 48-2005. Passed 6-27-05; Ord. 69-2007. Passed 11-12-07; Ord. 86-2009. Passed 10-26-09.)