(A) Home occupations.
(1) The area used in conducting the home occupation will be clearly secondary to the primary residential use. Such permitted home occupation shall not create offensive noise, vibration, smoke, dust, odor, hear or glare of require more than four parking spaces available to the owner/clients.
(2) Only a one-foot by one-foot sign may be permitted to reflect the home occupation’s business, but must be attached to the primary dwelling (i.e., no sign shall be permitted on the front or side yard, on trees, mailboxes or such other non-dwelling features).
(3) There shall be no exterior display or alterations indicating that the residential structure is being used for any purpose other than that of a dwelling including painting displays, ribbons, balloons or any other indicator of attraction other than the maximum one-foot by one-foot sign as affixed to the primary dwelling.
(4) There shall be no more than one additional unrelated employee other than the immediate members of the family residing on the premises.
(5) There shall be no outside storage of materials or products.
(6) The conditional use shall not create frequent or heavy traffic greater than 10% of the average load per hour per street.
(7) Any proposed home occupation desired to be activated in a multi-family setting (R-2, R-3 and the like) shall have the property’s owner’s consent to do so, and notice shall also be given to the tenants within a 100-foot radius where the city shall give serious consideration to the proposed home occupation’s effect to the off-street parking available to said units.
(8) The Planning and Zoning Commission may, under extenuating or special circumstances unique to the home occupation, recommend waiver of the provisions above to the City Council who shall have ultimate authority on the matter.
(B) Mobile homes.
(1) One mobile home, not older than 15 years, may be placed on an unsubdivided tract if it is five acres or more, and the majority of the property is agricultural and/or unused.
(2) The mobile home must be located in such a manner as to have access to public right-of-way within 300 feet.
(3) The mobile home must be connected to a potable water source with an approved private sewage system or connected to an organized sanitary sewer system.
(4) There must be arrangements made by the mobile home owner/tenant for garbage collection and proper disposal.
(5) The mobile home must have skirting as a part of its approval process and may be activated for use without it, but shall have such skirting installed within 45 calendar days after the water meter has been activated for use.
(C) Bars, cocktail lounges, taverns, cantinas, saloons, dance halls or nightclubs.
(1) The property line of the lot of any of the above-mentioned businesses must be at least 300 feet from the nearest residence, church, school or publicly owned property (note: public streets and alleys, for the purpose of this regulation, are not considered as a part of this “publicly owned property”) or must provide sufficient solid buffering and sound insulation of the building such that the business is not visible and cannot be heard from such structures or areas, and must be designed to prevent disruption of the character of adjacent residential areas. The Planning and Zoning Commission, under extenuating or special circumstances unique to the site or event, may recommend waiver of the 300-foot requirement to the City Council who shall have the ultimate authority on the matter.
(2) The above-mentioned businesses must be as close as possible to a major arterial street system, or heavier trafficked street, and shall not allow the traffic it generates onto nearby residential streets, or allow it to exit into and disrupt residential areas.
(3) The abovementioned businesses must provide unimpeded paved off-street parking in accordance with the prevailing off-street parking ordinances, and make special provisions, if necessary, to prevent use of adjacent residential streets for parking.
(4) The abovementioned businesses must do everything reasonably possible to prevent the unauthorized parking of its patrons on adjacent businesses or residential properties including when necessary, the installation offences, hedges and/or the re-orientation of entrances/exits.
(5) The abovementioned businesses may also be required, as part of their conditional use permit approval process, provide security lighting and perimeter fencing, and may also include provision of security personnel to monitor its premises for safety.
(6) The abovementioned businesses must make provisions to keep litter to a minimum and to keep any litter from blowing onto adjacent properties.
(7) The abovementioned businesses shall have a maximum capacity set forth at the time of its opening and shall have it intermittently monitored for compliance by the city.
(D) Guesthouses and separate servant’s quarters.
(1) The abovementioned uses shall only be considered on properties of not less than 12,000 square feet in all districts.
(2) There shall be no rent or monies paid by the guest or servant to the property owner thus further legitimizing the guesthouse or servant’s quarters as such.
(3) Guesthouses or separate servant’s quarters shall be no utility connections independent from the primary dwelling.
(E) Amusement parks, circus or carnival grounds, commercial or recreation amusement developments or tents. Amusement parks, circus or carnival grounds, commercial or recreation amusement developments or tents or other similar temporary structures may not be located within 300 feet of any residentially used property. The measurement of such distance to be from lot line to lot line. The Planning and Zoning Commission may, under extenuating or special circumstances unique to the site or event, recommend waiver of the 300-foot requirement on a temporary basis to the City Council who shall have the ultimate decision on the matter.
(F) Existing railroads and private utilities. Existing railroads and private utilities, including telephone service, may continue to be operated and maintained in residential and commercial districts but no new railroad or utility structure other than the usual poles, wires and underground utilities shall be established in such districts without a conditional use permit.
(G) Household goods warehousing or storage in individually rented/leased storage units.
(1) Storage units shall be located in such a manner to minimum traffic impact on residential streets and adjacent residential uses.
(2) There shall be no loading decks or ramps for heavy vehicles.
(3) There must be a security fence to protect the units and patrons.
(4) There shall be no outside storage of materials, products or goods.
(5) Paved perimeter access driveways for police patrol and fire protection shall be provided prior to occupancy.
(6) Storage units shall not be used for commercial purposes, either on a temporary or permanent basis.
(7) Security lighting (e.g., downcast lighting) must be provided in a manner which minimizes impact to adjacent residential areas.
(H) Pollution. No form of pollution shall emanate beyond the immediate property line of the use permitted.
(I) Reasonable restrictions. The Planning and Zoning Commission, with the ratifying approval of the City Council, may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this chapter and to mitigate adverse effects of the proposed conditional use. These additional requirements may include, but not be limited to, increased open space, loading and parking requirements, suitable landscaping, higher buffering and additional improvements such as concave mirrors and sidewalks.
(Ord. 2016-07, passed 8-9-2016) Penalty, see § 156.999