(a)

Whenever in any zoning district a use is neither specifically permitted or otherwise allowed, the use shall be considered prohibited. In such cases the council or the planning commission, on their own initiative or upon request, may conduct a study to determine if the use is substantively similar to another use that is an allowed use. In such case, the council shall pass a resolution making a finding that the proposed use is to be considered as a listed allowed use, and the proposed use shall be regulated just as the listed use.

(b)

The council, planning commission or property owner, upon receipt of the staff study, may, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.

(Code 1985, § 11.01(7))

(a)

Purpose and intent. The purpose and intent of allowing interim uses is:

(1)

To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.

(2)

To allow a use that is presently judged acceptable by the city council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

(3)

To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with their comprehensive plan provided that the use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

(b)

Procedure.

(1)

Existing uses. Uses defined as interim uses which presently exist as a legal use or a legal nonconforming use within a respective zoning district shall be considered approved and shall be treated as allowed uses.

(2)

New uses. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by article XIII, division 3 of this chapter.

(3)

City development contracts. The city, an interim use applicant and the property owner shall, in addition to the procedures listed in subsections (b)(1) and (2) of this section, enter into a development contract specifying the date of, or conditions leading to, termination of the interim use.

(c)

General standards. An interim use shall comply with the following:

(1)

Existing uses. Shall be in conformance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future.

(2)

New uses.

a.

Meets the standards of a conditional use permit set forth in section 50-699.

b.

Conforms to the applicable performance standards of this chapter.

c.

The use is allowed as an interim use in the respective zoning district.

d.

The date or event that will terminate the use can be identified with certainty.

e.

The use will not impose additional costs on the public if it is necessary for the public to take the property in the future.

f.

The city council may impose additional limitations or requirements as it deems necessary to maintain compatibility and protect the health, safety and general welfare of the public.

g.

The user agrees to any conditions that the city council deems appropriate for permission of the use.

(d)

Termination. An interim use shall terminate on the happening of any of the following events, whichever first occurs:

(1)

The date or occurrence of the termination event stated in the permit.

(2)

Upon violation of conditions under which the permit was issued.

(3)

Upon change in the city zoning regulations which renders the use nonconforming.

(4)

The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.

(e)

Vesting. An interim use permit shall become a vested right to use the land according to the terms of the approved permit which shall run with the land only for the duration of the term identified in the permit. Such interim use permit shall not be utilized by subsequent occupants of the property, and no such use shall be allowed on the property unless the city council approves a new interim use permit.

(Code 1985, § 11.12)

(a)

Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. This article establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity.

(b)

Provisions.

(1)

Any nonconforming structure or use lawfully existing upon the effective date of the ordinance from which this section is derived, shall not be intensified, enlarged or reconstructed, but may be continued at the size and in the manner of operation and intensity existing upon such date except as hereinafter specified or subsequently amended.

(2)

Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of the ordinance from which this section is derived may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of the ordinance from which this section is derived, is not abandoned for a period of more than 120 days, and continues to completion within two years. Such structure and use shall thereafter be a legally nonconforming structure and use.

(3)

Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless specifically allowed by this section However, if either of the following conditions apply, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The council may, if specified in this section, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety.

a.

The nonconformity or occupancy is discontinued for a period of more than one year; or

b.

The nonconformity is destroyed by fire or other peril by more than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the council may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.

(4)

Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building.

(5)

Nonconforming, single-family dwelling units may be expanded to improve livability as a conditional use as regulated by article XIII, division 3 of this chapter, provided that the nonconformity is not increased.

(6)

Nothing in this section shall prevent the reconstruction of a structure in safe condition when the structure is declared unsafe by the building official providing the repairs are made in a manner consistent with the requirements of this section.

(7)

No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted on the effective date of the ordinance from which this section is derived, unless such movement shall bring the nonconformance into substantially closer compliance with the requirements of this chapter.

(8)

When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(9)

A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

(10)

Nonconforming, non-income producing residential units may be expanded to improve livability as a conditional use permit, provided that the nonconformity of the structure will not be increased.

(11)

Whenever a lawful nonconforming use of a structure or land is discontinued for a period of one year, any future use of the structure or land shall be made to conform with the provisions of this chapter.

(12)

Nonconformities in floodplains shall be required to comply with regulations necessary to provide safe use and access, and the city shall enforce requirements to ensure the city's continued qualifications for enrollment in the National Flood Insurance Program.

(Code 1985, § 11.16)

(a)

Purpose. The regulation of adult day care facilities in these zoning regulations is to establish standards and procedures by which adult day care facilities can be conducted within the city to provide a program of services to functionally impaired adults, age 18 or older, for a period of less than 24 hours per day. Adult day care is intended to maintain and care for functionally impaired adults in the community and to prevent or delay institutionalization. This section establishes the city's minimum requirements for the establishment and operation of adult day care facilities which are not defined as permitted uses by state regulations or state statutes.

(b)

Application. Except for those facilities exempted in M.S.A. § 462.357, adult day care facilities shall be considered a conditional use within all residential and commercial zoning districts of the city and shall be subject to the regulations and requirements of article XIII, division 3 of this chapter. In addition to the city regulation, all adult day care facility operations shall comply with the minimum requirements of the state department of welfare regulations.

(c)

Declaration of conditions. The planning commission and the council may impose such conditions on the granting of an adult day care facility conditional use permit as may be necessary to carry out the purpose and provisions of this section.

(d)

Site plan drawing necessary. All applications for an adult day care facility conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the information required by article XIII, division 3 of this chapter.

(e)

General provisions. Adult day care facilities shall be allowed as a principal or as an accessory use, provided that the adult day care facilities meet the applicable provisions of this section.

(1)

Lot requirements and setbacks. The site and structure utilized for adult day care service, whether as a principal or accessory use shall meet all area and setback requirements of the respective zoning district in which the facility is to be located. For the purpose of parking, loading, outdoor recreation and adjoining property protection, the city shall have the right to increase lot area and setback requirements as may be deemed appropriate.

(2)

Sewer and water service. All adult day care facilities shall be serviced by public sanitary sewer and water.

(3)

Screening. Where the adult day care facility is in or abuts any commercial use or zoned property, the adult day care facility shall provide screening along the shared boundary of the two uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 50-357 and 50-358. In all cases, the city shall have the right to require an adult day care facility, whether a principal or accessory use, to buffer and screen the site from adjoining uses.

(4)

Parking.

a.

There shall be adequate off-street parking which shall be located separately from any outdoor open area and shall be in compliance with article V, division 2 of this chapter. Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with section 50-358.

b.

When an adult day care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required.

c.

The council may exempt an adult day care facility from meeting the total parking requirement, specified by this chapter, where it is demonstrated that such use and demand will be less than that required or where the facility provides pick-up and delivery service. In such cases, however, the city retains the right to require additional parking be constructed should demand warrant or to require a reduction of service provided.

(5)

Loading. One off-street loading space in compliance with article V, division 3 of this chapter or as specially approved by the council, shall be provided.

(6)

Signage. All signing and informational or visual communication devices shall be in compliance with section 50-7.

(7)

Adult day care facility. The building plans for the construction or alteration of a structure that shall be used as an adult day care facility shall be submitted to the city for review by the building official to ensure the structure is in compliance with the state building code and the state fire marshal's office to ensure the structure is in compliance with the state uniform fire code. All occupancy code, service and program, and safety requirements of state law and regulations shall apply. In addition, the facility shall meet the following conditions:

a.

The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blighting influence within a reasonable distance of the lot.

b.

Internal and external site land use compatibility and sufficient peripheral area protections shall be provided as required by the council by the adult day care facility.

(f)

Inspection. At any and all reasonable hours, with or without notice, the city reserves the right, upon issuing any adult day care facility conditional use permit, to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

(Code 1985, § 11.33)

(a)

Purpose. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.

(b)

General. Adult uses as defined in section 50-3 shall be subject to the following general provisions:

(1)

Activities classified as obscene as defined by M.S.A. § 617.241 are not permitted and are prohibited.

(2)

Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.

(3)

Adult uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages.

(4)

An adult use which does not qualify as an accessory use shall be classified as an adult use—principal.

(c)

Adult uses—Principal.

(1)

Adult use—principal shall be located at least 500 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use—principal is located to the property line of a:

a.

Residentially zoned property.

b.

Licensed day care center.

c.

Public or private education facility classified as an elementary, junior high or senior high.

d.

Public library.

e.

Public park.

f.

Another adult use—principal.

g.

On-sale liquor establishment.

(2)

Adult use-principal shall be located at least 500 radial feet as measured from one another.

(3)

Adult use-principal activities, as defined by this chapter, shall be classified as one use. No two adult use—principal activities shall be located in the same building or upon the same property and each use shall be subject to subsections (b)(2) and (3) of this section.

(4)

Adult use-principal shall adhere to the following signing regulations:

a.

Sign messages shall be generic in nature and shall only identify the type of business which is being conducted;

b.

Shall not contain material classified as advertising; and

c.

Shall comply with the requirements of size and number for the district in which they are located.

(5)

Adult use—principal activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted.

(d)

Adult uses—Accessory.

(1)

Adult use—accessory shall:

a.

Comprise no more than ten percent of the floor area of the establishment in which it is located.

b.

Comprise no more than 20 percent of the gross receipts of the entire business operation.

c.

Not involve or include any activity except the sale or rental of merchandise.

(2)

Adult use—accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:

a.

Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.

b.

Magazines. Publications classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

c.

Other use. Adult uses—accessory not specifically cited shall comply with the intent of this section subject to the approval of the zoning administrator.

(3)

Adult use—accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.

(4)

Adult use—accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are permitted.

(Code 1985, § 11.34)

(a)

Purpose. The regulation of day care nursery facilities in these zoning regulations is to establish standards and procedures by which day care facilities can be conducted within the city without jeopardizing the health, safety and general welfare of the day care participants or the surrounding neighborhood. This section establishes the city's minimum requirements for the establishment of a day care facility which are not defined as permitted uses by state statute or which are operated in uses other than single-family homes. Day care facilities other than those designated permitted uses by state law which operate in a single-family dwelling as an accessory use shall be subject to section 50-427 and processed as a home occupation.

(b)

Application. Day care nursery facilities serving 12 or fewer persons shall be permitted uses in single-family residential zones; day care facilities serving 13 to 16 persons shall be permitted uses in multifamily residential zones; and day care nursery facilities shall be considered a conditional use within all other zoning districts and shall be subject to the regulations and requirements of article XIII, division 3 of this chapter. In addition to the city regulations, all day care facility operations shall comply with the minimum requirements of Minn. R. ch. 9502. Daycare facilities located in residential zones may also be conditioned by the city using a conditional use permit in accordance with M.S.A. § 462.357.

(c)

Declaration of conditions. The planning commission and council may impose such conditions on the granting of a day care facility conditional use permit as may be necessary to carry out the purpose and provisions of this section.

(d)

Site plan drawing necessary. All applications for a day care facility conditional use permit shall be accompanied by a site plan drawn to scale and dimensioned, displaying the information required by article XIII, division 3 of this chapter.

(e)

General provisions. Day care facilities shall be allowed as a principal or as an accessory use, provided that the day care facilities meet all the applicable provisions of this section.

(1)

Lot requirements and setbacks; principal use. The proposed site for a day care facility as a principal use shall have a minimum lot area of one acre and a minimum lot width of 100 feet. The day care facility shall meet the setback requirements of the respective zoning district.

(2)

Lot requirements and setbacks; accessory use. The site of the proposed day care facility as an accessory use shall meet all area and setback provisions of the respective zoning district in which the facility is to be located.

(3)

Sewer and water. All day care facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility.

(4)

Screening. Where the day care facility is in or abuts any commercial or industrial use or zoned property, the day care facility shall provide screening along the shared boundary of the two uses. All of the required fencing and screening shall comply with the fencing and screening requirements of sections 50-357 and 50-358.

(5)

Parking.

a.

There shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with article V, division 2 of this chapter. Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with section 50-358.

b.

When a day care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required.

(6)

Loading. One off-street parking space in compliance with article V, division 3 of this chapter shall be provided.

(7)

Signage. All signing and informational or visual communication devices shall be in compliance with the provisions of chapter 34.

(8)

Day care facility. The building plans for the construction or alteration of a structure that shall be used as a day care facility shall be submitted to the city for review by the building official to ensure the structure is in compliance with the state building code. The facility shall meet the following conditions:

a.

The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constituting a blighting influence within a reasonable distance of the lot.

b.

When the day care facility is an accessory use within a building, other than a single-family dwelling, it shall be located in a portion of the building separated from the other uses located within the structure.

c.

An accessory use day care facility shall be adequately soundproofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants.

d.

Internal and external site land use compatibility and sufficient peripheral area protections shall be provided by the day care facility.

e.

All day care facilities, whether principal or accessory uses, shall be licensed under the terms of Minn. R. ch. 9502 and shall comply with the terms of such licensure, in addition to these zoning regulations, and shall be able to provide evidence of current licensure in order to protect public health, safety, and welfare.

f.

Inspection. At any and all reasonable hours, with or without notice, the city reserves the right upon issuing any day care facility conditional use permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

(Code 1985, § 11.23)

(a)

Purpose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process.

(b)

Application. Subject to the nonconforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section. This section shall not be construed, however, to apply to home occupations accessory to farming.

(c)

Procedures and permits.

(1)

Permitted home occupation. A permitted home occupation is a business which is conducted in the principal residential dwelling by a resident of the dwelling. The intent of this section is to ensure that such business activities have no noticeable impact on the residential character of the surrounding neighborhood. No permit shall be necessary to conduct a permitted home occupation in a zoning district in which it is allowed. If the business activity occurs at such a level that it is observable to the neighborhood, the resident shall be required to terminate the business, or seek approval of a special home occupation permit.

(2)

Special home occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the provisions of section 50-404 as an interim use permit.

(3)

Declaration of conditions. The planning commission and the council may impose such conditions of the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this section.

(4)

Effect of permit. A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit.

(5)

Transferability. Permits shall not run with the land and shall not be transferable.

(6)

Lapse of special home occupation permit by non-use. Whenever within one year after granting a permit, the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the council. Such extension shall be requested in writing and filed with the zoning administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the planning commission for a recommendation and to the council for a decision. Whenever a special home occupation ceases operation for at least one year, the interim use permit issued for such special home occupation shall be terminated. Any further operation of the special home occupation shall require application for a new special home occupation permit according to the terms and requirements of this section.

(7)

Reconsideration. Whenever an application for a permit has been considered and denied by the council, a similar application for a permit affecting substantially the same property shall not be considered again by the planning commission or council for at least six months from the date of its denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the full council.

(8)

Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be reviewed without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit.

(d)

Requirement; general provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions:

(1)

General provisions.

a.

No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

b.

No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

c.

Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

d.

No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

e.

There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

f.

The home occupation shall meet all applicable fire and building codes.

g.

There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception signs commonly allowed on property in the zoning district.

h.

All home occupations shall comply with the provisions of this Code.

i.

No home occupation shall be conducted in such a way that between the hours of 10:00 p.m. and 7:00 a.m. the business would require any on-street parking.

(2)

Requirements; permitted home occupations.

a.

No person other than those who customarily reside on the premises shall be employed.

b.

All permitted home occupations shall be conducted entirely within the principal building and may not be conducted in accessory building.

c.

Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than 15 feet from the curbline or edge of paved surface.

d.

Permitted home occupations include, and are limited to:

1.

Art studios.

2.

Dressmakings.

3.

Secretarial services.

4.

Family day cares.

5.

Foster cares.

6.

Professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time and similar uses.

e.

The home occupation shall not involve any of the following: repair service or manufacturing which requires equipment other than found in a dwelling; teaching which customarily consists of more than one pupil at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet, or any retail sales that involves the customer coming to the place of business.

(3)

Requirements; special home occupations.

a.

No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance of no more than one such employee, and that this exception would not compromise the intent of this section.

b.

Examples of special home occupations include barber and beauty services, day care-group nursery for children in numbers exceeding the allowances of M.S.A. § 462.357, photography studio, group lessons, small appliances and small engine repair and the like.

c.

The home occupation may involve any of the following: stock-in-trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time, but not to exceed four pupils at any one time.

d.

Special home occupations shall not be allowed to accommodate their parking demand through utilization of on-street parking.

e.

Inspection. The city reserves the right to inspect the premises in which a home occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

(Code 1985, § 11.22)

(a)

Purpose. The purpose of this section is to provide for the erection of model homes in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration must be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their surrounding environment.

(b)

Special requirements.

(1)

Temporary parking facilities equal to four spaces per model home dwelling unit shall be provided. The overall design, drainage, and surfacing of the temporary parking facility shall be subject to the approval of the city engineer.

(2)

Access from a temporary parking facility onto a local, residential street shall be discouraged. When this requirement is physically impracticable, access shall be directed away from residential neighborhoods to the greatest extent possible.

(3)

No model home shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided for in section 50-360.

(4)

All model home signage shall comply with the sign regulations as contained in the provisions of chapter 34.

(5)

All criteria for conditional use consideration but not procedural requirements as contained in section 50-699 shall be considered and satisfactorily met.

(Code 1985, § 11.29; Ord. No. 2023-13, § 1, 12-28-2023)