No Conditional Permitted Use shall be established and no building permit or Certificate of Occupancy (C.O.) may be issued for any use designated by this Ordinance as a Conditional Permitted Use within a zoning district without meeting the requirements established in this Ordinance. The conditions in this division apply to the listed uses when referenced in the Use Regulations of a particular zoning district of DIVISION 1 through 14 of ARTICLE IV.
(Ordinance 6051-12 adopted 5/17/12)
A Conditional Permitted Use is a land use that, because of its unique nature, is compatible with the permitted land uses in a given zoning district only under certain conditions. Such conditions include the imposition of additional standards and conditions. This subsection sets forth the standards used to evaluate proposed special uses and the procedures for approving a permit application.
(Ordinance 6051-12 adopted 5/17/12)
The following general rules apply to all special uses:
(a) 
The designation of a use in a zoning district as a Conditional Permitted Use does not constitute an authorization or assurance that such use will be permitted.
(b) 
Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, or any permits required by regional, State and Federal agencies.
(Ordinance 6051-12 adopted 5/17/12)
The Building Official shall evaluate the conditions of the Conditional Permitted Use. Decisions shall be rendered on the basis of the site plan and other information submitted. The Building Official shall specifically consider the extent to which:
(a) 
The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;
(b) 
The proposed use is consistent with required conditions of this division;
(c) 
The proposed use meets all supplemental standards specifically applicable to the use, as established in the Supplementary District Regulations in Article V.
(Ordinance 6051-12 adopted 5/17/12)
Accessory uses not elsewhere specifically provided for in this Ordinance shall be permitted, subject to the following conditions:
(a) 
Such accessory uses shall be limited to those customarily associated with and appropriate, incidental and subordinate to the principal use.
(b) 
Such accessory uses shall be located on the same lot or tract as the associated principal use.
(c) 
Such accessory uses shall be controlled in the same manner as the associated principal use, except as otherwise expressly provided in this Ordinance.
(d) 
Such accessory uses shall not permitted without a primary use.
(Ordinance 6051-12 adopted 5/17/12)
An indoor commercial amusement enterprise shall be wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line.
(Ordinance 6051-12 adopted 5/17/12)
A temporary asphalt or concrete batching plant permit may be approved by the Building Official, subject to the conditions of this section. Any exceptions to the following conditions shall require approval of the City Council:
(a) 
The batching plant site shall comply with all applicable provisions of City, State and Federal laws.
(b) 
The batch plant shall not be located within six hundred (600) feet of an inhabited residence.
(c) 
Hours of operation will be limited to Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturday, 9:00 a.m. to 5:00 p.m. Aggregate trucks shall be prohibited from hauling to or from the site on Saturday.
(d) 
The batch plant permit shall be valid for a three (3) month period.
(e) 
No portion of the batch plant or its operation shall be located on a public or private street, or on land dedicated to the City for parks and open space.
(f) 
The batch plant shall only furnish concrete, asphalt, or both, to the specific project for which the temporary permit is issued. The placement of a temporary batching plant for a private project is restricted to the site of the project.
(g) 
The temporary plant shall be operated in a manner that eliminates unnecessary dust, noise and odor (as illustrated by, but not limited to, covering trucks, hoppers, chutes, loading and unloading devices and mixing operations, and maintaining driveways and parking areas free of dust).
(h) 
The site must be clear of all equipment, material and debris upon completion of the project.
(i) 
All public improvements that are damaged during the operation of the temporary batching plant must be repaired or replaced within thirty (30) days of completion of the project.
(j) 
Upon expiration of the temporary permit and cessation of activities, the City Building Official shall walk the site to verify compliance with these special conditions.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
No residential building or school facility shall be constructed within one hundred (100) feet of the edge of the right-of-way or easement for a high voltage electrical transmission line.
(b) 
No building located in the B-1: Professional Business District zoned tract of land or any allowable use permitted thereunder, regardless of zoning district, shall be located within fifty (50) feet of the edge of the right-of-way or easement for a high voltage electrical transmission line.
(c) 
Except as otherwise provided in subsection (b) of this section, no nonresidential building shall be located within the right-of-way or easement for a high voltage electrical transmission line.
(Ordinance 6051-12 adopted 5/17/12)
All farmers’ markets shall be located in covered spaces providing shelter for vendors and customers and shall provide for adequate off-street parking. No more than twenty percent (20%) of the display area shall be devoted to the sale of nonfood articles, and the sale of any type of meat, fish, poultry, eggs, refrigerated dairy products, and/or home canned or packaged items shall be prohibited.
(Ordinance 6051-12 adopted 5/17/12)
A garage sale shall be subject to the following conditions:
(a) 
A garage sale shall only be permitted as a temporary accessory use to a single-family detached, duplex or single-family attached dwelling.
(b) 
An individual garage sale shall not exceed three (3) consecutive days.
(c) 
The number of garage sales shall be limited to four (4) per year per household.
(Ordinance 6051-12 adopted 5/17/12)
A home-based business shall be permitted as an accessory use to a dwelling unit, subject to compliance with the following conditions:
(a) 
A home-based business shall be permitted only when it is an accessory use to a detached single-family dwelling unit.
(b) 
A home-based business shall not involve any external structural alteration of the main building.
(c) 
A home-based business shall be conducted wholly within the main building, and not in any accessory building. The total floor area to be used for a home-based business shall not exceed twenty percent (20%) of the total floor area of the main building, including garages. Notwithstanding the above, instructional classes may be held outside of the main building, providing a maximum of six (6) students may be allowed in each session and other stipulations of this section are met.
(d) 
Only one (1) employee other than occupants of the residence may be employed in the home occupation. A person who receives a wage, salary or percentage of the profits directly related to the home-based business shall be considered an employee for the purposes of this section, provided that this definition shall not include the coordination or supervision of employees who do not regularly visit the dwelling for purposes related to the business.
(e) 
No outdoor storage of materials, goods, supplies or equipment shall be allowed.
(f) 
A home-based business shall not involve more than four (4) patrons on the premises at one time.
(g) 
Any outdoor activities associated with a home-based business shall be screened from the neighboring property by a solid fence of at least six (6) feet in height.
(h) 
A home-based business may include the sale of products on the premises, provided that compliance is maintained with all other conditions specified in this section.
(i) 
A home-based business shall produce no offensive noise, vibration, smoke, electrical interference, dim [sic] odors or heat in excess of those normally found in residential areas. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for business purposes.
(j) 
A home-based business shall not include the physical or medical treatment of persons or animals, beauty shops, dance studios, carpenter shops, electrical shops, massage establishments, plumber shops, heating and air conditioning shops, radio shops, auto repairing or painting, furniture repairing, sign painting or similar activities.
(k) 
Off-street parking must be provided for and utilized by nonresident employee if applicable.
(Ordinance 6051-12 adopted 5/17/12)
Stables, barns, poultry coops or other buildings for the housing of livestock or poultry shall not be located within fifty (50) feet of any property line.
(Ordinance 6051-12 adopted 5/17/12)
A pet shop shall be wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line.
(Ordinance 6051-12 adopted 5/17/12)
A recycling drop-off center shall be permitted as an accessory use in shopping center parking lots or other appropriate places, subject to the following conditions:
(a) 
The use shall not occupy more than five hundred (500) square feet and shall not occupy any parking area required for the primary use.
(b) 
The use shall employ no mechanical sorting or processing equipment.
(c) 
The use shall be maintained free of litter, debris and residue on a daily basis.
(d) 
Containers shall be durable and covered.
(e) 
The name and phone number of a responsible party shall be clearly posted.
(Ordinance 6051-12 adopted 5/17/12)
A temporary use permit for a refreshment stand may be issued by the building official, subject to compliance with the following conditions:
(a) 
A portable building may be used on a temporary basis as a refreshment stand for a period not to exceed four (4) months on the same lot or parcel within any consecutive twelve (12) month period, measured from the date of the issuance of the temporary permit.
(b) 
It shall be the responsibility of the applicant to comply with all provisions of this section.
(c) 
A deposit in a sum [of] two hundred twenty-five dollars ($225.00) shall be required at the time the temporary permit for the refreshment stand is obtained to ensure the removal of the stand if the use is discontinued and the stand is not removed from the site within ten days of the expiration or abandonment of the permit. Such deposit will be refunded once the stand has been removed, and all other requirements have been met.
(d) 
All other applicable permits must be obtained.
(e) 
A refreshment stand and all appurtenances thereto, shall comply with all applicable requirements of the district in which it is located. Such facility shall not be required, however, to meet the landscaping, exterior masonry or underground utility requirements of the applicable zoning district.
(f) 
A refreshment stand may be located on parking spaces, provided that such spaces are not necessary to meet the minimum parking requirements of the other uses on the lot or parcel.
(g) 
A refreshment stand in a portable building shall not be located within, nor encroach upon, a fire lane, maneuvering aisle, vehicle stacking space or required landscaping areas of the lot or parcel upon which the facility is placed. The location of such facility shall comply with all visibility obstruction regulations of the City.
(h) 
A site plan shall be submitted providing a well-delineated “safety” area to keep vehicles from entry into the stand and table area; such site plan shall be reviewed and approved by the building official.
(Ordinance 6051-12 adopted 5/17/12)
A temporary use permit may be issued by the building official for a temporary outdoor or seasonal sales/promotions use, subject to the following conditions:
(a) 
Temporary use permits shall be issued only for the following types of temporary seasonal sales uses: Christmas tree sales and pumpkin sales.
(b) 
A temporary permit for Christmas tree sales shall only be issued for the period from Thanksgiving Day through the day after Christmas Day. A temporary permit for pumpkin sales shall only be issued for the months of September, October and November.
(c) 
The use shall not involve more than one tent or temporary building on a lot.
(d) 
The applicant shall have written permission from the property owner.
(e) 
No structure or activity relating to the use shall be located within the required yard setbacks.
(Ordinance 6051-12 adopted 5/17/12)
A private swimming pool shall be located and fenced in accordance with the regulations of the City. The pool shall be set back a minimum of five (5) feet from all property lines. No pool or deck shall be located within any easement.
(Ordinance 6051-12 adopted 5/17/12)
The construction of model homes prior to the acceptance of public improvements by the City shall be subject to the conditions of this section. Any exceptions to the following conditions shall require the approval of the City Council:
(a) 
Each builder shall be allowed a maximum of one (1) model homes per subdivision, subject to the limitations set forth in subsection (b) of this section.
(b) 
No more than three (3) model homes shall be allowed in any one (1) subdivision.
(c) 
No model home may be constructed prior to the issuance of a building permit by the City.
(d) 
No model home shall be sold until a final certificate of occupancy has been issued for the structure and a final acceptance of subdivision improvements is obtained from the City in accordance with the rules, regulations and Ordinances of the City.
(e) 
The developer/owner shall file a hold harmless agreement with the City agreeing to fully release the City from all claims, suits, judgments and demands against the City which have accrued or which may accrue, and to hold the City harmless from all claims, suits, judgments and demands against the City, either severally or jointly, which have accrued or which may accrue as a result of the improvements, including sidewalks, streets, water and sewer lines, installation of electricity and other utilities, not having been fully inspected and improved by the City.
(f) 
The hold harmless agreement shall also indicate that the City shall assume no liability for the development or construction of the development or the improvements. The City only grants permission for the construction and showing of the model homes and in no way shall be held liable for the development of the development or for any injury or damages which may result from the improvements, including those mentioned in subsection (e) of this section, not having been fully inspected and accepted by the City.
(Ordinance 6051-12 adopted 5/17/12)
The retail sale of beer and wine shall be subject to the conditions of this section. Any exceptions to the following conditions shall require the approval of the City Council:
(a) 
Where any structure is erected, reconstructed or converted for beer and wine retail sales, parking spaces shall be provided in the ratio of not less than one (1) parking spaces for each two hundred (200) square feet of floor space in the building which is used for beer and wine retail sales. Parking areas shall be off-street parking. Such parking space may be located adjacent to the building. Two (2) or more owners may join together to provide the parking space.
(b) 
No side yards are required except that on a corner lot, side yard on a street shall be twenty-five (25) feet. A lot abutting an “R” district shall have a side yard of no less than thirty (30) feet. A rear yard is not required except when it abuts upon and [an] “R” district in which case there shall be a rear yard of not less than thirty (30) feet.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Open Storage/Outside Storage shall not be located within one hundred (100) feet of any property line. Open Storage/Outside Storage shall not be located within two hundred and fifty (250) feet of any residential property lot line.
(b) 
Noise generated by the enterprise may not be detected, as measured at the property line.
(c) 
All Open Storage/Outside Storage facilities shall be screened from public view by a landscape buffer or opaque masonry fence.
(Ordinance 6051-12 adopted 5/17/12)