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Buildings to be built or substantially altered which receive and distribute materials and merchandise by trucks shall provide and maintain off-street loading spaces in sufficient number and size to adequately handle the needs of the particular use from detailed plans presented and approved by the Planning Commission and City Council.
(Ord. 337, passed 6-11-1979)
An accessory use shall comply with all requirements for a principal use, except as this chapter specifically allows to the contrary, and shall comply with the following limitations.
(A) An accessory structure or use shall only be approved provided the principal use has been established.
(B) In the Residential Zone (R), one-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses are allowed under the following conditions.
(1) These accessory structures shall not be used for human habitation.
(2) The maximum square footage for these accessory structures shall be 120 square feet.
(3) The maximum height for these accessory structures shall be 12 feet.
(4) These accessory structures, including all projections, shall not be closer than ten feet from any other building.
(5) An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard but not in the required street side yard of a corner lot.
(6) These accessory structures shall meet all setback and lot coverage requirements.
(C) All other accessory structures, including attached or detached garages and guest houses without kitchen facilities, shall comply with the standards of the zone in which they are located and with the Uniform Building Code.
(D) In commercial zones, accessory structures shall not be used for human habitation.
(Ord. 337, passed 6-11-1979; Ord. 496, passed 6-12-2006)
The Planning Commission may authorize variances from the requirements of this chapter where it can be shown that owing to special and unusual circumstances related to a particular piece of property, the literal interpretation of this chapter would cause undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interest of the surrounding property and to otherwise achieve the purposes of this chapter.
(Ord. 337, passed 6-11-1979)
No variance shall be granted by the Planning Commission unless it can be shown that all of the following conditions exist:
(A) Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control;
(B) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other properties in the same zone or vicinity;
(C) The authorization of the variance shall not be materially detrimental to the purposes of this chapter, be injurious to the property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any municipal development plan or policy; and
(D) The variance request is the minimum variance from the provisions and standards of this chapter which will alleviate the hardship.
(Ord. 337, passed 6-11-1979)
Authorization of a variance shall be void after one year unless substantial construction pursuant thereto has taken place. However, the City Council may extend authorization without a hearing for an additional period not to exceed one year, upon request.
(Ord. 337, passed 6-11-1979)
CONDITIONAL USES
A conditional use listed in this chapter shall be permitted, altered, or denied in accordance with the standards and procedures of this section. In the case of a use existing prior to the effective date of this chapter and classified in this chapter as a conditional use, a change in the use or in the lot area, or an alteration of structure shall conform with the requirements for conditional use. In judging whether or not a conditional use proposal shall be approved or denied the Planning Commission shall weigh its appropriateness and desirability or the public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed and, in order to approve such use, shall find that the following criteria are met, can be met by observance of conditions, or are not applicable:
(A) The proposal will be consistent with the comprehensive plan and the objectives of this chapter and other applicable policies of the city;
(B) The location, size, design, and operating characteristics under the proposal will have minimal adverse impact on the livability, value, or appropriate development of abutting properties and the surrounding area;
(C) The location and design of the site and structures of the proposal will be as attractive as the nature of the use and its setting warrant;
(D) The proposal will preserve environmental assets of particular interest to the community; and
(E) The applicant has a bona fide intent and capability to develop and use the land as proposed and has no inappropriate purpose for submitting the proposal, such as to artificially alter property values for speculative purposes.
(Ord. 337, passed 6-11-1979)
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