[Ord. No. 183, 6-18-1979]
Conditional uses are those types of uses which, due to their
nature, are dissimilar to the normal uses permitted within a given
zoning district or where product, process, mode of operation, or nature
of business may prove detrimental to the health, safety, welfare or
property values of the immediate neighborhood and its environs. Within
the various zoning districts, specific uses may be permitted only
after additional requirements are complied with as established within
this Article.
[Ord. No. 183, 6-18-1979]
A.
An application [an original and four (4) copies] for a conditional
use permit shall be filed with the Zoning Administrator. The application
shall include the following:
1.
Plan showing existing and proposed building locations, parking
areas, location and type of outdoor lighting, interior drives, and
landscaped buffer strips.
2.
Topography and existing utilities abutting the streets, alleys
or easements and the square footage of land within the plot.
3.
Name of owner of land to be utilized.
4.
Description of architecture and exterior materials to be utilized.
[Ord. No. 183, 6-18-1979]
The Planning and Zoning Commission shall approve or disapprove
a conditional use in accordance with the requirements established
in this Article but may impose additional requirements deemed reasonable
and necessary.
[Ord. No. 183, 6-18-1979]
A.
On receipt of an application for a conditional use, the Zoning Administrator
shall forward copies of the application and accompanying information
to affected public or governmental agencies and the Planning and Zoning
Commission. The Planning and Zoning Commission shall request and consider
reports from such public or governmental agencies before determination.
Within sixty (60) days after the receipt of the application, the Planning
and Zoning Commission shall submit a report and determination to the
Zoning Administrator which shall include a finding that the use will
or will not:
1.
Serve the convenience and general welfare of the public.
2.
Serve the neighborhood in some degree.
3.
Protect the neighborhood interest.
4.
Alter the character or nature of development of the neighborhood.
5.
Be in basic harmony with the various elements and objectives
of the master plan.
6.
Comply with the requirements established for that conditional
use.
[Ord. No. 183, 6-18-1979]
A.
The Planning and Zoning Commission shall forward the report and determination
to the Zoning Administrator.
C.
A conditional use is allowed by right subject to the express limitations
and requirements established in these Zoning Regulations, any lessening
or subverting of those limitations and requirements constitutes a
variance and must be treated accordingly.
[Ord. No. 183, 6-18-1979]
A.
Mobile home parks, when permitted as a conditional use, must comply
with the requirements established in this Article. Such requirements
do not replace other laws or ordinances concerning mobile home parks,
but supplement them.
1.
Minimum tract area for a mobile home park shall be five (5)
acres. However, applications for conditional use permits for mobile
home parks of less than five (5) acres may be accepted by the Zoning
Administrator only after express approval by the Planning and Zoning
Commission.
2.
Minimum frontage shall be one hundred (100) feet and located
on a major thoroughfare. Principal ingress and egress shall be from
said frontage.
3.
Minimum land area devoted to an individual mobile home site
shall be three thousand (3,000) square feet.
5.
Fence Or Screen. When abutting any residential district, there
shall be a fence or living screen not less than five (5) feet in height,
having a density of not less than seventy percent (70%).
6.
Setbacks. District setback requirements shall be maintained
at all times on all public street frontages for mobile homes as well
as buildings.
B.
When abutting any single family residential district, no mobile home
or building shall be permitted within thirty (30) feet of said abutting
district.
[Ord. No. 183, 6-18-1979]
A.
Group I conditional uses must comply with the requirements established
in this Section.
1.
Yard. No building or use of land shall be permitted within one
hundred (100) feet of a lot line. [In the case of crematoriums, such
distance shall not be less than three hundred (300) feet.]
2.
Height. Shall be in accordance with district requirements.
3.
Lot Coverage. Shall never exceed five percent (5%).
4.
Signs. There shall be no more than two (2) non-animated accessory
signs of not more than ten (10) square feet each.
[Ord. No. 183, 6-18-1979]
A.
Group II conditional uses must comply with the requirements established
in this Section.
2.
Height. Shall be in accordance with district requirements; however,
in no case shall any building exceed a height equal to the dimension
of its least yard dimension.
3.
Lot Coverage. Shall never exceed twenty-five percent (25%).
4.
Fence Of Screen. When in or abutting a residential district
all buildings or structures non-residential in use or nature shall
be screened with a screen or fence with a density of not less than
eighty percent (80%) and at least five (5) feet in height.
5.
Signs. There shall be no more than one (1) illuminated, non-animated,
accessory sign of not more than ten (10) square feet.
8.
Ingress And Egress. Shall be approved by the Planning and Zoning
Commission based on a report from the City Engineer.
[Ord. No. 183, 6-18-1979]
A.
Group III conditional uses must comply with the requirements established
in this Section.
1.
Yard. No building or use of land shall be permitted within two
hundred (200) feet of a lot line, except automobile parking areas
may be permitted within ten (10) feet of such lot line.
2.
Height. Shall be in accordance with district requirements. However,
in no case shall any building exceed a height equal to the dimension
of its least yard dimension.
3.
Plot Coverage. Shall never exceed thirty percent (30%). (Manufacturing
and industry use shall be permitted coverage to but not exceeding
fifty percent (50%).
4.
Fence Or Screen. When in or abutting a residential district,
all buildings or structures non-residential in use or nature shall
be screened with a screen or fence with a density of not less than
eighty percent (80%) and at least five (5) feet in height.
5.
Signs. There shall be no more than one (1) illuminated, non-animated
accessory sign of not more than twelve (12) square feet.
8.
Smoke, Noise Or Odor. Shall not be permitted beyond the boundaries
of the subject property.
9.
Ingress And Egress. Shall be approved by the Planning and Zoning
Commission based on a report from the City Engineer and shall never
be located on a local residential street.
[Ord. No. 183, 6-18-1979]
A.
Group IV conditional uses must comply with requirements established
in this Section.
1.
Yard. No building or use of land shall be permitted within two
hundred (200) feet of a lot line.
2.
Height. Shall be in accordance with district requirements. However,
in no case shall any building exceed a height equal to the dimension
of its least yard dimension.
3.
Lot Coverage. Shall never exceed seventy-five percent (75%).
While outside storage is permitted in this group only, such area shall
not exceed the permitted lot coverage.
4.
Fence Or Screen. Any storage or accumulation of waste, scrap,
junk, trash or similar materials shall not be permitted on open ground
unless in an area enclosed by a fence or screen of one hundred percent
(100%) density and at least six (6) feet in height.
8.
Ingress And Egress. Shall be approved by the Planning and Zoning
Commission based on a report from the City Engineer and shall never
be located on a local residential street.
B.
Additional location requirements:
1.
Any of the enumerated uses which have as a major portion of
their processes the utilization, production, or storage of bulk quantities
of either explosive, flammable liquids, or toxic gases or materials
shall be located in the following manner:
a.
Explosives. The production or storage of explosives, except
for study and research purposes, shall not be permitted within one
thousand five hundred (1,500) feet of adjoining property and not within
two thousand six hundred and forty (2,640) feet of any residential
district.
b.
Flammable Liquids. All production, handling, or storage in bulk
shall be subject to all requirements of City, county, and state and
in addition shall never be located within one thousand (1,000) feet
of any residential district.
c.
Toxic Gases. Shall be located, dependent on their weights relative
to the normal atmosphere of the immediate vicinity. Gases lighter
than air shall be located in topographical areas having an elevation
greater than that of the surrounding area. However, in no case shall
toxic gases be produced, handled, or stored within two thousand six
hundred and forty (2,640) feet of any residential district. In addition,
such uses shall be located in such manner that prevailing winds shall
carry such gases away from the areas of the greatest concentration
of persons.
d.
Smoke, Dust, And Odor. Wherever possible, uses emitting smoke,
dust, or obnoxious odors shall be prohibited but under any circumstances
shall not be located within six hundred (600) feet of any residential
district. In addition, such uses shall be located in such a manner
that prevailing winds shall carry such smoke, dust, or odor away from
areas of the greatest concentration of persons.
