(1)   The regulations of this section are intended to ensure provision of off-street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transportation demands of different land uses. By requiring such facilities, it is the intent of this section to help avoid the negative impacts associated with spillover parking into adjacent neighborhoods, while at the same time avoiding the negative environmental and urban design impacts that can result from parking lots and other vehicular use area.

      (2)   The provisions of this section are also intended to help protect the public health, safety and general welfare by:

         (a)   Helping avoid and mitigate traffic congestion;

         (b)   Encouraging multi-modal transportation options and enhanced pedestrian safety;

         (c)   Providing methods to reduce the amount of impervious surface in parking areas and adequate drainage structures to order to reduce the environmental impacts of stormwater runoff;

         (d)   Encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and

         (e)   Providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city.

         (a)   Unless otherwise expressly stated, the parking standards of this section apply whenever an existing building or use is enlarged or expanded to include additional dwelling units, floor area, employees or other units of measurement used for establishing off-street parking requirements.

         (b)   In the case of enlargements or expansions triggering requirements for additional parking, additional off-street parking spaces are required only to serve the enlarged or expanded area, not the entire building or use. In other words, there is no requirement to address lawfully existing parking deficits.

         (c)   Additional off-street parking spaces are required only when existing development is enlarged or expanded in any way that results in more than a 10% increase in the total number of off-street parking spaces required for the development based on the standards of this zoning ordinance.

         (a)   Unless otherwise expressly stated, when the use of property changes, additional off-street vehicle and bicycle parking spaces must be provided to serve the new use only when the number of parking spaces required for the new use exceeds by more than ten percent the number of spaces required for the lawful use that most recently occupied the building based on the standards of this zoning ordinance. In other words, 110% "credit" is given to the most recent lawful use of the property for the number of parking spaces that would be required under this zoning ordinance regardless of whether such spaces are provided. Any new parking spaces required must comply with all applicable parking area design and layout standards.

         (b)   When the number of parking spaces required for the new use exceeds the number of spaces required for the use that most recently occupied the property by more than ten percent, additional parking spaces are required only to make up the difference between the amount of parking required for the previous use and the amount of parking required for the new use, based on the standards of this chapter.

         (c)   A change of use may trigger the need to provide or increase accessible ADA-compliant parking, as determined by the city.

         (a)   Rehabilitation or reuse of buildings on the National Register of Historic Places;

         (b)   Buildings designated as local cultural resources;

         (c)   Contributing buildings in National Register Historic Districts; or

         (d)   Buildings in locally designated historic districts.

spaces must be provided in accordance with the off-street parking schedule of Table 20.60-1.

   (F)   Off-street parking schedule.

      (1)   In all districts in connection with every use, at the time any building or structure is erected or enlarged, off-street parking spaces shall be provided in accordance with the following requirements:

 

      (2)   Parking spaces for the handicapped shall be provided in accordance with applicable building codes, along with all state and federal requirements. The spaces may be counted toward satisfaction of the required parking spaces. In all districts, off-street parking areas shall be located as follows:

         (a)   In residential districts, no parking space, other than the driveway, shall be located in the front, side or rear setbacks. Off-street parking may be permitted in side or rear setbacks which do not abut residentially-zoned or residentially-developed property.

      (b)   A sight triangle shall be maintained on a commercial lot at the point where the lot abuts a residential district whenever parking spaces are to be placed within front or side setbacks located along a street other than a major thoroughfare.

         (c)   The off- street parking area shall be located entirely within 200 feet, exclusive of streets and any alley widths, of the principal use and shall have direct access to a street or alley. In addition, the

off-street parking area must be located on a property having the same or a less restrictive zoning classification and be under the same ownership.

         (d)   Required off-street parking spaces shall not thereafter be reduced or encroached upon in any manner.

         (e)   All driveway cuts into public streets shall conform to the standards approved by the City Council and on file with the City Engineer.

         (a)   The applicant for a building permit of new construction, expansion, change in use resulting in an increase in this parking requirement or new striping arrangement of an existing parking area shall submit a site plan showing the number, location, size and type of parking spaces and circulation pattern.

         (b)   The applicant shall submit information regarding the projected number of employees, seating capacities, gross floor area, gross leasable area, number of dwelling units and any of the appropriate data necessary to verify compliance with these regulations.

      (5)   The following provisions shall apply to the development and maintenance of multiple-family, commercial, industrial and institutional parking areas:

         (a)   No building permit shall be approved until a plan has been reviewed and approved by the Community Development Director.

         (b)   It shall e the responsibility of the property owner to certify at the time he applies for a building permit that his plan will provide sufficient parking spaces and facilities to accommodate his use.

         (c)   The land upon which the off-street parking lot is located shall be owned or controlled by the same entity, which owns or controls the land on which the principal use is located.

         (d)   At least 5% of the total lot area, exclusive of the area of the adjacent rights-of-ways, of any off-street parking lot shall be landscaped with grass, shrubs, and ground cover. Including landscaped dividing spaces.

         (e)   All off-street parking areas shall be effectively screened on each side that abuts an R-1 or R-2 zoning district or an existing single-family or two-family use with a continuous, view-reducing fence.

         (f)   The parking spaces in all off-street parking areas shall be clearly marked with paint or plastic striping which provides permanent delineation between spaces.

         (g)   There shall be appropriate bumpers or wheel guards centered in the parking space to prevent any part of a parked vehicle from extending beyond the parking area.

         (h)   All lighting equipment used in illumination of off-street parking areas shall not create a nuisance or hazard for streets or adjoining properties.

         (i)   All parking areas shall be located and designed so as to avoid undue interference with the use of public streets and alleys. Parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The backing of a motor vehicle onto a public street from a parking area is prohibited, except from a residential parking area that does not exceed two spaces per dwelling unit. Parking spaces must be directly accessible to a parking aisle.

      (6)   (a)   Whenever two or more uses are located together in a common building, shopping center or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces for each use.

         (b)   The total number of spaces provided shall not be less than the sum of the individual requirements.

      (7)   (a)   Every commercial or industrial building hereafter constructed in any district shall provide off-street loading berths in accordance with the following provisions:

 

 

         (b)   The off-street loading berths shall be maintained on the same lot with the building.

         (c)   Each berth shall be no less than 12 feet in width, 50 feet in length and 14 feet in height.

         (d)   Loading berths may occupy part of any required side or rear yard, but no space may be located closer than ten feet to the rear property line.

      (8)   (a)   When the off-street parking space or loading berth does not abut on a street, public or private alley or easement for access, an access drive of the following minimum widths shall be provided:

            1.   Two-way drive: 25 feet.

            2.   One-way drive for 90-degree parking: 24 feet.

            3.   One-way drive for 60-degree parking: 18 feet.

            4.   One-way drive for 45-degree parking: 13 feet.

         (b)   The maximum width of any driveway in the residential districts shall be 32 feet. The maximum width of any driveway in non-residential districts shall be 36 feet.

      (9)   All off-street parking areas, driveways and loading berths shall be constructed according to standards approved by the City Council and on file with the City Engineer.

      (10)   Notwithstanding any provision of this section, no off-street parking spaces or loading berths shall occupy the sight triangle at a corner.

(Prior Code, § 13-620) (Am. Ord. 1408, passed 8-18-87; Am. Ord. 1687, passed 11-5-02; Am. Ord. 1758, passed 1-17-06; Am. Ord. 1910, passed 12-1-15; Am. Ord. 1974, passed 8-6-19) Penalty, see § 10.99

   (A)   In residential-zoned areas all vehicles, including recreational vehicles, parked between the front building line of the lot and the street shall be parked upon an improved driveway or parallel to and within ten feet horizontal distance of the improved driveway. Only one side of the area parallel to and within ten feet horizontal distance of the improved driveway can be used as additional parking area. Where there is no improved driveway, all vehicles shall be parked in a location where the driveway is implied by the curb cut, approach, or evidence of usage, as determined by the Building Inspector, and/or parallel to and within ten feet horizontal distance on one side of the implied driveway.

   (B)   It shall be unlawful and an offense for any person to park or allow parking of a vehicle in a manner contrary to the provisions of this section. A citation for violation of this section may be issued to the owner or operator of the vehicle, or to the property owner where the violation occurs. Any person violating the provisions of this section shall be guilty of an offense punishable by a fine of an amount not exceeding $50. Each day a vehicle is parked in violation of this section shall be a separate offense.

(Ord. 1749, passed 5-3-05; Am. Ord. 1974, passed 8-6-19) Penalty, see § 10.99

   (A)   The open display of articles, materials or merchandise is prohibited, except as provided in this section.

   (B)   Open display of articles, merchandise, or materials is prohibited in all zoning districts except as may be approved as a special permit use in the Commercial and Industrial Zoning Districts under § 158.044 of the zoning ordinance.

   (C)   In the CBD zoning districts, a business use permitted under the CBD zoning regulations and located in a building may have incidental open display outside the enclosed building only if the items displayed outside are of the type typically carried by the business and the items displayed outside the building do not occupy an area of the lot greater than 100% of the area of the building housing the permitted use. No part of the outside display area shall be on the public right-of-way.

   (D)   The open display uses permitted as a special permit use under § 158.044, shall comply with the following provisions:

      (1)   All open display of merchandise, material, and equipment shall be effectively screened to a height of eight feet with a continuous, view- reducing fence on any side which abuts property used or zoned for residential or institutional. Merchandise and materials which are not completely assembled, or which are not immediately and actively being offered for sale, in addition to complying with the above screening requirements, shall be so screened by fences or permanent buildings that they cannot be seen from a public street.

      (2)   All of the lot used for open display shall have a Portland cement or asphaltic concrete paved surface and be maintained in a manner that no dust will be produced by continued use and shall comply with standards for parking areas in § 158.035(H).

      (3)   All servicing of vehicles carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

   (E)   In the I-L and I-H districts, any article or material stored outside of an enclosed building as an incidental part of the primary operation shall be effectively screened with a continuous, view-reducing fence.

   (F)   No open display shall be permitted on any portion of the public rights-of-way.

   (G)   This section shall not be construed to require screening in excess of eight feet in height.

   (H)   Where a conditional use is granted for a fence, as provided in § 158.037(B), then the City Council may allow exceptions to the sight-proof screening requirements of this section in the approval of the conditional use.

   (I)   Notwithstanding any provision of this section, no open display shall occupy the sight triangle at a corner.

(Prior Code, § 13-621) (Ord. 1371, passed 5-6-86; Am. Ord. 1776, passed 12-5-06; Am. Ord. 1974, passed 8-6-19) Penalty, see § 10.99

   (A)   Except as provided in this section, the maximum height for all fences is eight feet. Fence heights will be measured from the highest elevation on either side of the fence.

   (B)   Fence heights are further limited in the following circumstances:

      (1)   Fences in front yard setback are limited to 4 feet in height; except fences with greater than 20% opacity shall not exceed three feet in height for that portion of a fence located within five feet of the property line, or 17 feet from the edge of the street pavement, whichever distance is greater.

      (2)   Fences located in side yards of corner lots abutting the front yards of an adjacent lot are restricted to the same height limits as set forth in division (B)(1) above.

   (D)   The property owner will demonstrate to the City Engineer or designee the accurate location of the front property line/public right-of-way limit by one of the following methods:

      (1)   Uncovering existing property pins;

      (2)   Completion of a professional land survey and placement of front property pins by a licensed land surveyor.

   (E)   The property owner will demonstrate to the City Engineer or designee that after fence construction excessive water ponding and flooding of adjoining property will not occur.

   (F)   In addition to any other applicable provisions of this section for back to back corner lots, fences with greater than 20% opacity shall not be constructed within 12 feet of the edge of pavement.

   (G)   Fences shall not be constructed on any portion of the public rights-of-way.

   (H)   On a corner lot no fence shall be erected or allowed to remain between the heights of two feet six inches and six feet above the crown of the adjacent roadway in the sight triangle at the corner.

   (I)   Fences are prohibited in a dedicated drainage easement which contains open storm drainage channels.

   (J)   No electrified fence or wall containing broken glass, barbed wire, or other substances reasonably calculated to do bodily harm shall be permitted, except as hereinafter provided:

      (1)   A barbed wire fence shall be permitted in any zoning district for the purpose of restraining such livestock as may be legally located on the

premises under the code. The barbed wire fence shall be removed immediately upon discontinuance of keeping of livestock on the premises;

      (2)   Barbed wire shall be permitted at a 45-degree angle on top of a six-foot fence in all zoning districts, except residential districts;

      (3)   The city and public utilities operating under a franchise with the city shall be permitted to install security fences containing barbed wire in any area owned or controlled by the city or public utility where such protection is deemed necessary for the protection of persons or property.

   (K)   Nothing in this section shall be construed to permit a violation of § 92.21 of this code of ordinances.

   (L)   Commercial, industrial and multi-family uses abutting property zoned or used for single-family or two-family use shall be screened with a fence of 95% opacity and a height of eight feet on all abutting property lines, subject to the height limitations contained in division (B).

   (M)   (1)   In E-1, C-G, C-H, I-L and I-H districts, the City Council may allow fences in the required setbacks which exceed the height limitations contained in division (A) above as a conditional use.

      (2)   Any person, firm or corporation seeking the conditional use shall make application to the Planning Commission at least 14 days prior to the scheduled Commission meeting and submit a fee as may be established by resolution of the City Council. Notice of the Planning Commission and City Council hearings on the application shall be given to the public by posting the applicant's property at least seven days prior to the Planning Commission meeting.

      (3)   In considering approval or denial of a proposed fence as a conditional use, the following standards shall be used:

         (a)   The amount of street frontage of the property for which the conditional use is requested;

         (b)   The location of uses and types of uses on surrounding properties;

         (c)   The effect of the proposed fence on traffic movement and safety;

         (d)   The effect of the proposed fence on the surrounding properties' right to open space, visibility, light and air;

         (e)   The effect of the proposed fence on the city's ability to provide police and fire protection in the area;

         (f)   The extent to which the surrounding properties have been developed and the impact of the proposed fence on future development of surrounding property; and

         (g)   The effect of the proposed fence on the market value of surrounding property.

      (4)   The City Council may impose conditions upon the conditional use as it deems necessary to protect the health, safety and welfare of citizens and surrounding properties.

      (5)   Nothing contained herein shall authorize any deviation from the requirements of division (A) above other than the permitted height in required setbacks and no conditional use will be granted which would occupy the sight triangle at a corner.

(Prior Code, § 13-623) (Am. Ord. 1974, passed 8-6-19) Penalty, see § 10.99

   No structure initially designed or intended for either single-family or two-family residential purposes shall be occupied by any commercial use unless a special exception has been granted pursuant hereto.

(Prior Code, § 13-624) (Am. Ord. 1974, passed 8-6-19)

   (A)   A lot may be used as a building site even though it fails to meet the minimum lot area, lot width or lot depth normally required of lots for the district in which the lot is situated provided that both of the following conditions are satisfied:

      (1)   The lot was of record on December 13, 1973; and

      (2)   The lot is:

         (a)   At least 50 feet in width; or

         (b)   Less than 50 feet in width and does not adjoin vacant land fronting on the same street which is under the same ownership as the lot to be developed.

   (B)   The burden of proof shall be upon the applicant for development to show through appropriate records compliance with division (A) above.

   (C)   Lots developed pursuant to this section shall meet all applicable setback requirements, except interior lots in the R-1 and R-2 zoning districts which satisfy the other requirements of this section may be developed with a five-foot interior side yard setback on both sides. The authority granted herein to develop a substandard lot shall not be sufficient, in and of itself, to grant a variance from the requirements.

(Prior Code, § 13-645) (Ord. 1417, passed 12-15-87; Am. Ord. 1974, passed 8-6-19)

   (A)   A use shall be conducted only in those districts where it is specifically listed as a permitted use or where it is incorporated by reference to a district in which it is specifically listed.

   (B)   If a proposed use is not specifically listed in any of the districts contained in this chapter, then it shall be conducted only in those districts where the proposed use conforms with the intent of the district.

   (C)   Nothing in this section shall affect the location of accessory uses, as defined in § 158.002.

(Prior Code, § 13-647) (Am. Ord. 1974, passed 8-6-19)

   (A)   Nonconforming structures and uses may be continued, maintained and repaired, except as otherwise provided in this chapter.

   (B)   A nonconforming structure shall not be added to or enlarged in any manner unless the addition or enlargement is in compliance with the setback, coverage and height regulations of the district in which it is situated. The addition or enlargement may project into a setback where necessary to match the building line of the existing nonconforming structure.

   (C)   (1)   A nonconforming use shall not be permitted to intensify. For purposes of this section, intensification shall be deemed to include, but not be limited to the following:

         (a)   The use is expanded or spread into a building or addition in which the use was not conducted on the effective date of this chapter unless the enclosure of the use would bring the same into conformance.

         (b)   Open display, parking or outside storage is expanded or spread to portions of the lot which were unoccupied on the effective date of this chapter.

         (c)   Any structure is added which has a direct connection to the reason for the nonconforming nature of the use.

      (2)   Notwithstanding division (C)(1) above, a nonconforming single-family use may intensify; provided that any addition or structure built on or moved to the lot shall comply with the setback, height and coverage regulations of the R-1 district, or the district in which the use is located, whichever regulations are more restrictive. The addition or structure may project into a setback where necessary to match the building line of an existing nonconforming structure occupied as dwelling.

      (3)   Restoration or replacement of the building(s) associated with a lawful, nonconforming use is permitted when restoration or replacement is made necessary by fire, casualty, or natural disaster, provided the physical restoration or replacement is lawfully commenced within one year of the damage or destruction. The restoration or replacement shall not exceed the size of the building(s) to be restored or replaced. To the extent that the total deterioration exceeds 60% of the cost of replacement of the building(s) using new materials, any restoration or replacement shall be subject to the regulations specified for the zoning district in which the land and building(s) are located.

   (D)   (1)   It is the policy of the city that eventually over time, the use of a lot shall come into compliance with the district in which it is located. This section shall be interpreted and administered in conformance with this policy.

      (2)   When a change in use is proposed for a lot which was last occupied by a nonconforming use, then the lot shall be re-occupied only by:

         (a)   Other permitted uses of the most restrictive district in which the last use is specifically listed as permitted use;

         (b)   Permitted uses of districts more restrictive than the district determined in division (D)(2)(a) above; or

         (c)   Permitted uses of the district in which the lot is located.

      (3)   If the new use reoccupying the lot pursuant to division (D)(2) above is in noncompliance with the district in which the lot is located, then it shall be deemed a nonconforming use.

   (E)   (1)   A nonconforming portion of a structure which is intentionally destroyed or demolished by the owner of the same shall not be rebuilt or restored except in compliance with applicable setback, coverage and height regulations. This requirement shall not apply to intentional destruction or demolition which is necessary to the proper reconstruction or restoration of the affected structure following a sudden natural or man-made disaster, provided the physical restoration or reconstruction is lawfully commenced within one year of the damage or destruction.

      (2)   If a lot is not occupied by a nonconforming use for a continuous period of one year, it shall not thereafter be re-occupied, except by a permitted use of the district in which the lot is located. For purposes of this division, a lot which has no water usage according to official records of the city shall be presumed to be "not occupied."

(Prior Code, § 13-652) (Am. Ord. 1776, passed 12-5-06; Am. Ord. 1974, passed 8-6-19)

   (A)   All land newly annexed to the city is automatically placed in the A district. The ordinance of annexation may specify a different classification for a period of time not to exceed one year from the effective date of the chapter.

   (B)   Within this one-year period, the Planning Commission shall study and make recommendations concerning the rezoning of the land within the annexed areas to promote the general welfare and in accordance with the comprehensive plan. Recommendations for rezoning shall be forwarded to the City Council.

   (C)   The rezoning shall comply with the notification and amendment procedures of §§ 158.056(B) and 158.057.

(Prior Code, § 13-653) (Am. Ord. 1974, passed 8-6-19)

      (1)   A special use permit may be authorized in the commercial-highway and industrial zoning districts of the city. Any transitional living center or halfway house, as defined in division (A) of this section, shall be subject to the nondiscriminatory zoning laws of the state, county or municipality in which located, and the location of such facility is specifically prohibited within 1,000 feet of any public or private elementary or secondary school. Provided, that if any public or private elementary or secondary school shall be established within the prohibited distance from any such facility after such facility has been in use as a transitional living center or halfway house, this shall not be a bar to the continued use of the facility as designated so long as it remains in continuous use as designated. The distance indicated in this section shall be measured from the nearest property line of the school to the nearest property line of the transitional living center or halfway house. The provisions of this section shall not apply to any transitional living center or halfway house established prior to the effective date of this act. The users are as follows:

         (a)   Approved treatment facility (drug and alcohol);

         (b)   Transitional living facility (drug and alcohol);

         (c)   Halfway house (drug and alcohol);

         (d)   Inmate work centers and camps;

         (e)   Inmate halfway houses;

         (f)   Inmate transitional living centers;

         (g)   Prisons;

         (h)   Inmate pre-release centers;

         (i)   Crematory;

         (j)   Open display uses;

         (k)   Medical marijuana research facilities; and

         (l)   Medical marijuana educational facilities.

      (2)   The following uses are allowed only as a special permit use in the industrial light (I-L) zoning district and industrial heavy (I-H) zoning district:

         (a)   Tattoo operator facility (effective 11-1-2006, since tattooing facilities are illegal until that date);

         (b)   Body piercing operator facility;

         (c)   Hazardous material, treatment, storage, disposal, and use;

            1.   Growing marijuana for commercial medical purposes shall be restricted to an interior building of a commercial grow facility.

            2.   All commercial grow operations are required to be in a stand-alone building with no shared walls.

            3.   The growing area, including any lighting, plumbing, or electrical components used, shall comply with municipal building and fire codes. The growing area must be properly ventilated so as not to create humidity, mold or other related problems. Lighting shall not exceed 1,000 watts per light. The use of gas products (CO2, butane, etc.) or CO2 and ozone generators in the growing area is prohibited.

            1.   Processing marijuana for commercial medical purposes shall be restricted to an interior building of a processing facility.

            2.   All commercial processing operations are required to be in a stand-alone building with no shared walls.

            3.   If the extraction process to be used involves chemical or use of gas products (CO2, butane, etc.) or CO2 and ozone generators and would otherwise affect the safety or health of the public, the city of Fire Department AHJ policies and guidelines must be conformed to.

      (3)   In the agricultural zoning district, the following use is allowed only as a special permit use: equestrian educational facility, provided that such facility shall not be located on any tract of land closer than 900 feet from the right-of-way of any major thoroughfare or expressway.

      (4)   The following uses may be allowed only as a special permit use in residential zoning districts of the city: accessory buildings larger than 240 square feet subject to such conditions as may be imposed under the approval of a special permit use.

      (5)   The following use may be allowed only as a special permit use in the C-G commercial general zoning district: public schools and related public school, activities with such grade level restrictions and limitations as determined by the Planning and Zoning Commission and City Council to be compatible with the facility and/or location.

      (6)   The following use may be allowed only as a special permit use in the C-G Commercial General and C-H Commercial Highway Zoning Districts: pawn shops, provided that no more than one pawn shop may be located within a 1,000 foot radius of another pawn shop, when measured from property line to property line of the lots where the pawn shops are or to be located. Outdoor display of merchandise by a pawn shop is limited to those approved as a special permit use in the Commercial Highway Use District under this chapter.

      (1)   General description and authorization. The uses listed above as special use permits are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district, and because these uses present unique security and safety issues which are not shared by other uses in the district. With consideration given to setting, physical features, compatibility with surrounding land uses, traffic, and aesthetics, certain uses may locate in an area where they will be compatible with existing or planned land uses. The City Council shall review each case on its own merits, apply the criteria established herein, and, if appropriate, authorize said use by granting a special use permit for it.

      (2)   Application. Prior to submission of a request for a Special Use Permit, the Community Development Director may require one or more pre-application conferences with the potential applicant. In considering and determining its recommendation to the City Council relative to any application for a Special Use Permit, the Planning and Zoning Commission will establish the requirements necessary for consideration of the application. Application and public hearing procedures for a special use permit shall be completed in the same manner as an application for rezoning. A site plan shall be included with the application as outlined in this chapter. The Planning and Zoning Commission may require that the applicant furnish additional data concerning the operation, location, function and characteristics of any use of land or building proposed. For uses in which the land use has possible environmental impact, the Commission may require those engineering and/or environmental impact studies necessary for evaluation of the proposed use.

         (a)   Whether the proposed use shall be in harmony with the policies of the comprehensive plan and, in the case of open display uses, whether the proposed open display is detrimental to the implementation of the gateway area of the city;

         (b)   Whether the proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations;

         (c)   Whether the proposed use shall adversely affect the use of neighboring property;

         (d)   Whether the proposed use shall generate pedestrian and vehicular traffic that is hazardous or in conflict with the existing and anticipated traffic in the neighborhood;

         (e)   Whether the facility presents a health or safety hazard to neighboring properties or the community at large;

         (f)   Where applicable, whether the facility is to be located in proximity to elementary or secondary public and/or private schools, or other incompatible uses;

         (g)   Whether utility, drainage, parking, loading, signs, lighting access, and other necessary public facilities to serve the proposed use shall meet the adopted codes of the city;

         (h)   Where applicable, whether the facility has obtained all necessary permits to operate under the laws of the state.

         (i)   The City Council may impose specific conditions including, but not limited to, bonding, insurance, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, noise levels, signage, landscaping, parking and loading, compatibility, and land use density.

         (j)   For accessory buildings greater than 240 square feet in size, the following additional conditions and restrictions shall apply:

            1.   The height of the accessory building measured at its highest point shall not exceed the height of the primary building measured at its highest point;

            2.   The accessory building shall not be used as a dwelling unit;

            3.   Roof pitch of the accessory building should be the same as the predominant roof pitch of the primary structure;

            4.   An accessory building shall not be located on a lot not occupied by a primary building, except on lots larger than two acres in size.

            5.   If the primary building on a residential lot is destroyed or removed and not rebuilt within a two-year period from time of destruction or removal of the primary building, then the accessory building shall be removed.

            6.   Accessory building(s) approved as a special permit use under this section should not exceed in size the greater of 50% of the gross floor area of the primary building or 10% of the total recorded lot area of the lot on which the primary building is located.

         (a)   If the use is not established within 12 months following approval by the City Council and no extension is approved. When a building permit has not been issued for construction within 12 months of City Council approval, the applicant or owner may request a hearing for an extension of the initial special use permit approval. Good cause for an extension shall mean that the owner shows evidence that he or she has contractors or applications for continual development within the next year following the original approval;

         (b)   If the use once established has been discontinued for a period of 12 months or abandoned;

         (c)   Whenever the City Manager finds that any proposed construction or occupancy will not, in his or her opinion, substantially comply with the special use permit, he or she shall refer the question to the City Council for its review;

         (d)   When the holder of a special use permit determines that an extension of time or modification of the use is necessary, he or she may apply for amendment in the same manner as the original application. The amendment shall be processed in the same manner as an original application.

      (5)   Lawful open display uses existing on the date of Ord. 1776 may continue without the issuance of a special use permit. Any changes in the use, including change of ownership, will require conformance with all the requirements of this section.

(Ord. 1670, passed 5-7-02; Am. Ord. 1678, passed 9-3-02; Am. Ord. 1764, passed 6-6-06; Am. Ord. 1776, passed 12-5-06; Am. Ord. 1823, passed 6-16-09; Am. Ord. 1848, passed 4-18-11; Am. Ord. 1852, passed 6-21-11; Am. Ord. 1861, passed 4-17-12; Am. Ord. 1974, passed 8-6-19; Am. Ord. 1994, passed 9-1-20)

   (A)   The purpose of this section is to establish regulations for the use of privately-owned dwellings as short-term rentals, to minimize negative ancillary impact on surrounding properties, and to ensure the collection and payment of the city's hotel occupancy tax.

      (1)   After notice of the violation and the failure to remedy the violation within a period of 30 days; or

      (2)   After three or more violations in a permit year regardless of remediation.

      (3)   The holder of a permit may appeal any revocation to the Board of Adjustment [§ 158.088].

      (4)   A permit that has been revoked after any appeal may not be reinstated during the same year.

      (1)   An application packet for a short-term rental permit shall be completed and submitted to the City of Bethany Community Development Department by the owner of the short-term rental on forms provided by the City of Bethany Community Development Department and shall include the following information:

         (a)   A list of all property owners of the short-term rental including names, addresses and telephone numbers. Property ownership for the purpose of this section shall consist of those persons listed on the Oklahoma County tax records.

         (b)   A certification by a City of Bethany Building Inspector.

         (c)   The name, address and telephone numbers of the contact person who shall be responsible for and authorized to respond to complaints concerning the use of the short-term rental.

         (d)   Proof of liability insurance coverage on the short-term rental.

         (e)   Completed hotel occupancy tax form [§ 38.67].

      (2)   An applicant for a short-term rental permit shall pay to the city a permit fee of $150.

      (3)   A separate short-term rental permit application and permit fee must be submitted for each individual short-term rental unit. Each individual short-term rental unit shall be assigned a unique permit number upon permit issuance of the city.

      (4)   The operator shall allow an on-site inspection of the short-term rental unit by a City Building Inspector, to ensure the absence of any nuisances [§ 93.35].

      (5)   A short-term rental permit issued under this section shall be valid for a period of one calendar year from the date of issuance. The short-term rental permit shall expire immediately upon any change in owner of the short-term rental unit. The short-term rental permit is non-transferrable.

      (6)   The owner has a duty to notify the city within 20 calendar days, in writing, of any changes to information submitted as part of a short-term rental permit application under this section.

      (7)   An applicant for short-term rental permit may be denied if the owner has had a short-term rental permit suspended or revoked during the previous 365 calendar days.

      (1)   The operator shall post the following information in a prominent location within the short-term rental unit, using a form promulgated by the city:

         (a)   The unique short-term rental permit number assigned to the short-term rental unit;

         (b)   Operator name and number;

         (c)   Contact person name and number;

         (d)   The location of any on-site and off-site parking spaces available for guests;

         (e)   The overnight and daytime occupancy limits;

         (f)   Instructions to guests concerning disposal of garbage and handling of garbage containers;

         (g)   Notification that the guests are responsible for compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental, and that guests may be fined by the city for violations of this section; and

         (h)   Notification that all functions such as weddings, parties or other gatherings are prohibited in the short-term rental, except for the Central Business District.

      (2)   The operator shall operate a short-term rental in compliance with the following:

         (a)   Zoning regulations prescribed for the zoning district in which such short-term rental is located, set forth in Ch. 158, Appendix A;

         (b)   City of Bethany Sign Ordinance, as applicable, set forth in §§ 153.01- 153.22;

         (c)   Maximum occupancy limits prescribed by the City Fire Chief, pursuant to the International Fire Code as adopted in § 150.001;

         (d)   City of Bethany Hotel Occupancy Tax Ordinance, set forth in §§ 38.61-38.84;

         (e)   City of Bethany Noise and Sound Level Regulation Ordinance, set forth § 93.20;

         (f)   City of Bethany Garbage Collection Ordinance, set forth §§ 51.01- 51.12;

         (g)   During any period when a short-term rental is occupied or intended to be occupied by guests, the contact person shall be available by telephone or in-person for the purpose of responding to concerns or requests for assistance related to the condition, operation, or conduct of guests of the short-term rental. The contact person shall respond within 60 minutes of being notified of concerns of requests for assistance regarding the condition, operation, or conduct of guests of the

short-term rental, and shall take immediate remedial action as needed to resolve such concerns or requests for assistance; and

         (h)   The hours of 10:00 p.m. until 7:00 a.m. the next day are required quiet time. Renters who violate this standard may be issued a citation and be subject to a fine pursuant to this section.

      (3)   An advertisement that promotes the availability of a short-term rental, listed in any medium, including but not limited to newspaper, magazine, brochure, website, or mobile application, shall include the current short-term rental permit number assigned by the city.

(Ord. 2055, passed 2-20-24)