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In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission may impose, in addition to those standards and requirements expressly specified by this chapter, additional conditions which it finds necessary to avoid a detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole.
(Ord. 337, passed 6-11-1979)
A request for a conditional use or modification of an existing use is done by filing an application with the Planning Commission. The application shall be accompanied by a site plan showing the dimensions and arrangement of the proposed development, and the names of record and addresses thereof, of all landowners within 300 feet of the parcel in question. The Planning Commission may request other drawings or material essential to an understanding of the proposed use and its relationship to the surrounding properties.
(Ord. 337, passed 6-11-1979)
Before a conditional use or modification of an existing conditional use is allowed, it shall be considered at a public hearing conducted by the Planning Commission. The public hearing shall be held and notice provided in accordance with the requirements of §§ 155.140 through 155.145.
(Ord. 337, passed 6-11-1979; Ord. 491, passed 6-13-2005; Ord. 509, passed 2-11-2008)
The Planning Commission may recess a hearing on a conditional use request in order to obtain additional information or to notify additional property owners. Upon recessing, the Planning Commission shall announce the time and date when the hearing will be resumed and no further public notice shall be needed.
(Ord. 337, passed 6-11-1979)
(A) Home occupations. Any home occupation which causes abnormal automotive or pedestrian traffic or which is objectionable due to unsightliness or emission of odor, dust, smoke, noise, glare, heat, vibration, or similar causes discernible on the outside of any building containing such home occupation shall be prohibited. The premises shall at all times be maintained as residential in appearance. Any materials used or any item produced or repaired on the premises shall not be displayed or stored so as to be visible from the exterior of the building. Structural alterations shall not detract from the outward residential appearance. Any use that interferes with local radio or television reception shall be discontinued.
(B) Mobile home parks. At least two acres shall be included in the park. No mobile home shall be closer than 15 feet from any structure within or outside of the park boundary, excepting utility or storage structures designed for the individual mobile homes. Minimum area for each space shall be 4,000 square feet. Minimum street surfaces shall be 24 feet and paved with an oil mat with street design to be approved by the Planning Commission prior to construction. At least one surfaced, off-street parking space per unit shall be located within required setback areas. Sight-obscuring fencing may be required on every side of the park.
(C) Travel trailer park. At least one acre shall be included in the park. No travel trailer shall be located within 15 feet of the outside boundary of the park nor closer than 15 feet from any structure of travel trailer within the park except for utility or storage structures designed for use by individual trailers. Minimum area for each space is 1,000 square feet. Minimum street surface width shall be 24 feet except if spaces are drive-through spaces in which case, surface width may be 20 feet. Streets shall be paved with an oil mat and design to be approved by the Planning Commission before start of construction. The park shall be fenced to a minimum height of four feet and shall have sight-obscuring vegetation planted on any side abutting a residence or residential zone.
(D) Wrecking yards. The wrecking yard shall be fully enclosed by a sight-obscuring fence, free of advertising, maintained in good condition, not less than six feet in height and a design approved by the Planning Commission. All vehicles shall be kept inside the fenced areas at all times, except those vehicles belonging to customers which may be parked outside while at the establishment on business. All sales, displays, storage, repair, or other handling of products, merchandise, equipment and other articles shall occur from within an enclosed building or from within the fenced area.
(E) Recreational vehicle accommodations in conjunction with hotel/motel operations. Space rental shall be limited to a maximum of 15 days. Each will have a minimum area of 900 square feet with the minimum width of 18 feet, and layout and surfacing as approved by the Planning Commission from detailed plans. Each space shall be attractively maintained. The boundary with adjacent property shall include sight-obscuring fencing or vegetation.
(F) A manufactured dwelling may be placed as a conditional use for a period not to exceed two years from the date of placement, and must meet the following conditions.
(1) All manufactured dwellings shall have compatible skirting of a non-combustible material or fire-retardant wood which must be maintained by the owner.
(2) The manufactured dwelling must be occupied by the property owner or a member of the property owner's family.
(3) Pedestals or supports shall be installed to ensure adequate support for all manufactured dwellings. However, no manufactured dwelling shall be permanently attached to a foundation.
(4) All awnings, carports, and cabanas constructed shall be of materials, size, color, and pattern so as to be compatible with the manufactured dwelling and shall comply with the state Building Codes.
(5) The owner of the lot shall agree that when a single-wide manufactured dwelling is removed from its foundation, the owner shall within 30 days remove the foundation, manufactured dwelling accessory structures, and other structures on the property, and request the city to properly disconnect and seal sewer, water, and other utilities.
(Ord. 337, passed 6-11-1979; Ord. 451, passed 7-8-1996; Ord. 496, passed 6-12-2006)
Any permit granted hereby shall be subject to denial or revocation by the Planning Commission if it is ascertained that the application includes or included any false information, or if the conditions of approval have not been complied with or are not satisfied. In order to consider revocation of a conditional use permit, the Planning Commission shall hold a public hearing as prescribed under § 155.088 in order to allow the permit holder to show cause why such permit should not be revoked. If the Planning Commission finds that the conditions of permit approval have not been complied with or are not satisfied, a reasonable time shall be given for rectification and if corrections are not made within that time, revocation of the permit shall become effective ten days after the time specified. Re- application for a conditional use permit cannot be made within one year after revocation except that the Commission may allow a new application if in its opinion, new evidence or a change in circumstances warrant it.
(Ord. 337, passed 6-11-1979)
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