The Supplemental Use Regulations set forth additional standards for certain uses located within the various zoning districts. These regulations recognize that certain use types have characteristics that require additional controls in order to protect public health, safety, and welfare. These regulations complement the use regulations contained in Sections 167.14 through 167.30 of this Zoning Ordinance.

   Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, special permit, variance, development permit, or other permit issued under any local, State, or Federal ordinance or statute.

      1.   Crop Production in Non-Agricultural Districts. Crop production is a permitted interim use in any zoning district.

      2.   Horticulture and Crop Production: Retail Sales. Retail operation of garden centers or roadside stands associated with a primary agricultural use may be permitted in the AG District, subject to the following requirements:

         A.   Garden Centers.

            (1)   A garden center is a building or premises used for the retail sale of plant materials or items useful in the growing or display of lawns, gardens, and plants.

            (2)   Garden centers must conform to all site development regulations for the zoning district.

            (3)   Any garden center adjacent to a residential district must maintain a 20-foot landscaped buffer yard, consistent with the standards established in Section 171.04.

         B.   Roadside Stands.

            (1)   A roadside stand is a facility used on a temporary or seasonal basis for the retail sale of produce grown largely on adjacent or surrounding agricultural lands.

            (2)   A roadside stand may be located within a required front yard but no closer than 40 feet to the edge of a traveled roadway.

            (3)   A roadside stand may operate for a maximum of 180 days in any one year.

      3.   Animal Production: Separation from Residential Uses.

         A.   Animal production use types may not be established within 500 feet of a pre-existing residential districts, including RR through RM.

         B.   No feeding or disposal of garbage, rubbish, or offal associated with animal production shall occur within 500 feet of any pre-existing residential districts, including RR through RM.

      1.   Separation from Confined Animal Feeding Operations (CAFO’s). No new residential use shall be established within 1,250 feet of an existing CAFO, except for the residence of the owner or operator of the CAFO, employee, or working tenant.

      2.   Downtown and Group Residential in CBD District. Downtown and Group Residential uses are permitted in the CBD District only on floor levels at least ten (10) feet above the primary street entrance. Alley entrances to buildings are not determinative of whether a residential use is permitted on a floor level. A unit or units specifically designed for occupancy by disabled residents may be developed at street level, subject to approval by the Board of Adjustment.                                     (Ord. 1418 - May 12 Supp.)

      3.   Mobile Home Parks in the RM District. Mobile Home Parks and mobile home residential use are permitted in the RM District. Such use may be configured in a Mobile Home Park or Mobile Home Subdivision. Following the effective date of this ordinance, no mobile home shall be located outside of a Mobile Home Park or Mobile Home Subdivision. All Mobile Home Parks established after the effective date of this ordinance are subject to compliance with the following regulations:

         A.   Certification.

            (1)   A certification of compliance with all ordinances and regulations regarding mobile home licensing, zoning, health, plumbing, electrical, building, fire protection and any other applicable requirements shall be required of all Mobile Home Parks.

            (2)   The Building Official is authorized to perform an annual inspection of any Mobile Home Park to ensure compliance with these regulations.

            (3)   These regulations do not address the structural integrity of any units within a Mobile Home Park. Compliance with these regulations does not represent city warrant of the structural integrity of any structure or unit in such a facility.

   B.    Minimum and Maximum Area. A Mobile Home Park shall be considered to be one zoned lot. The minimum contiguous area of a Mobile Home Park shall be two acres.

         C.   Density Requirements.

            (1)   The maximum gross density of a Mobile Home Park shall be 7 units per acre.

            (2)   The minimum size of an individual mobile home space shall be 4,000 square feet for single-wide mobile home units and 5,000 square feet for double-wide mobile home units.

            (3)   Each mobile home space shall have a width of at least 40 feet and a length of at least 75 feet.

   D.    Site Development Standards.

            (1)   Setbacks. Each Mobile Home Park shall have a minimum perimeter setback of 30 feet. No space for a dwelling unit or any other structure shall be permitted in the required setback.

            (2)   Setback Landscaping. All area contained within the required setbacks except sidewalks and private drives shall be landscaped and screened in conformance with Chapter 171.

            (3)   Impervious Coverage. Impervious coverage for a Mobile Home Park shall not exceed 60 percent of the total site area.

            (4)   Open Space. Each Mobile Home Park shall provide a minimum of 400 square feet of open recreational space per unit. Such space shall be provided at a central location accessible from all parts of the park by pedestrians. Required perimeter setbacks or buffers shall not be credited toward the fulfillment of this requirement.

            (5)   Separation Between Mobile Home Units. The minimum separation between a mobile home unit and attached accessory structure and any other mobile home units and/or accessory structure shall be 20 feet.

            (6)   Separation and Setbacks for Accessory Buildings. An accessory building on a mobile home space shall maintain a minimum rear and side yard setback of five feet. A minimum distance of ten feet shall be provided between any mobile home and an unattached accessory building.

   E.    Street Access and Circulation Requirements.

            (1)   Access to Public Street. Each Mobile Home Park must abut and have access to a dedicated public street with a right-of-way of at least 60 feet. Direct access to a mobile home space from a public street is prohibited.

            (2)   Vehicular Circulation. The Mobile Home Park must provide interior vehicular circulation on a private internal street system. Minimum interior street width shall be 27 feet. The street system shall be continuous and connected with other internal and public streets; or shall have a cul-de-sac with a minimum diameter of 100 feet. No such cul-de-sacs may exceed 300 feet in length.

            (3)   Separation Between Units and Circulation Areas. The minimum distance between a mobile home unit and any attached accessory structure and the pavement of an internal street or parking area shall be ten feet.

            (4)   Sidewalks. Each Mobile Home Park shall provide a sidewalk system to connect each mobile home space to common buildings or community facilities constructed for the use of its residents; and to the fronting public right of way. Sidewalk width shall be at least four feet.

            (5)   Street and Sidewalk Standards. All internal streets and sidewalks shall be hard-surfaced. Electric street lighting is required along all internal streets.

            (6)   Parking Requirements. Each Mobile Home Park must provide at least two off-street parking stalls for each mobile home space.

   F.    Utilities.

            (1)   All Mobile Home Parks shall provide individual units and common facilities with an adequate, piped supply of hot and cold water for both drinking and domestic purposes; and standard electrical service, providing at least one 120-volt and one 240-volt electrical service outlet to each mobile home space.

            (2)   Complete water and sewer service shall be provided within each Mobile Home Park in accordance with the Subdivision Chapter of the Unified Land Development Ordinance.

            (3)   Properly spaced and operating fire hydrants shall be provided for proper fire protection within each Mobile Home Park in accordance with the Subdivision Ordinance.

            (4)   All electric, telephone, gas, and other utility lines shall be installed underground.

         G.   Foundation Requirements.

            (1)   All mobile homes shall be secured to the ground by tie-downs and ground anchors that comply with the requirements of the Iowa Building Code.

            (2)   All mobile homes shall be blocked at a maximum of ten foot centers around the perimeter of each unit; such blocking shall provide 16 by 16 inch bearing on the stand.

            (3)   Pads shall be a hard surface capable of carrying the weight and of sufficient length to support all blocking points of the mobile home.

            (4)   Each home shall be skirted within 30 days of its placement in the park. Skirting materials shall be compatible with the exterior finish of the mobile home.

         H.   Financial Responsibility: Each application for a Mobile Home Park shall include a demonstration by the developer of financial capability to complete the project; and a construction schedule.

         I.   Completion Schedule: Construction must begin on any approved Mobile Home Park within one year of the date of approval by the Planning Commission and City Council. Such construction shall be completed within two years of approval, unless otherwise extended by the Commission.

      4.   Mobile Home Subdivisions in the MH District.

         A.   Mobile Home Subdivisions shall be developed in accordance with all standards and requirements set forth in the Subdivision Ordinance of Denison. Site development regulations shall be the same as those required in the R-2 Zoning District. Each mobile home shall be considered a single-family detached residential unit for the purpose of determining applicable development regulations.

         B.   Mobile home units within Mobile Home Subdivisions shall be built in accordance with the minimum design standards of the US Department of Housing and Urban Development and display a certification of such compliance. All units shall be installed on a permanent foundation with complete removal of wheels and towing packages.

      5.   Two-Family Residential. Where permitted, two-family residential development is subject to the following regulations:

         A.   The second dwelling unit shall be located to the rear of the site and shall be separated from the primary dwelling unit by 25 feet.

         B.   The second dwelling unit shall be served by a driveway at least ten feet in width, leading from the public ROW adjacent to the lot.

         C.   Both structures shall meet all other setback requirements of the zoning district.

      1.   Clubs. Clubs located adjacent to residential uses shall maintain a buffer yard of not less than fifteen feet along the common boundary with such residential use.

      2.   Day Care Centers (General).

         A.   Each day care center (general) must be validly licensed by the State of Iowa.

         B.   Each facility shall provide a minimum of 50 square feet of outdoor play area per child, fully enclosed by fence or wall that is at least 42 inches but not more than 72 inches in height. Play areas shall be easily accessible from the main facility and be free of hazards, including potential traffic hazards.

         C.   Special Use Permit applications for General Day Care Centers shall specify the number and projected ages of children to be cared for at the facility, and the number of projected full- and part-time staff.

      3.   Group Care Facilities and Group Homes.

         A.   Each group care facility or group home must be validly licensed by either the State of Iowa or the appropriate governmental agency.

         B.   Group homes are permitted in the CBD District only on levels above street level except that a facility specifically designed for occupancy by disabled residents may be developed at street level, subject to approval as a Conditional Use by the Zoning Board of Adjustment.

      1.   Auto Service, Repair, Equipment Repair, Travel Center, Truck Stop, RV Storage, and Body Repair Uses.

         A.   No business engaged in automobile display, sales, service, repair, paint, or bodywork shall display on its premises no more than five (5) inoperable automobiles other than automobiles currently being painted or repaired for return to customers within fourteen (14) days, automobiles awaiting painting or repair within fourteen (14) days, or painted or repaired automobiles awaiting pickup by customers within fourteen (14) days. Any other inoperable automobiles on the premises, including any automobiles stored for the purpose of salvage of material or parts, must be stored inside a completely enclosed building or behind an approved barrier sufficient to shield the visibility of such automobiles from the public roads. Nothing in this section relieves such a business from compliance with other applicable provisions of this Code of Ordinances.

         B.   Any spray painting must take place within structures designed for that purpose and be approved by the Building Official.

         C.   All entrances and exits serving a gasoline or diesel service station, convenience store offering fuel sales, or automobile repair shop shall be at least 150 feet from a school, public park, religious assembly use, hospital, or residential use, as measured along any public street. Such access shall be at least 40 feet away from the right-of-way line of any intersection.

         D.   All fuel pumps shall be set back at least fifteen feet from any street line.

      2.   Auto Washing Facilities.

         A.   Each conveyor operated auto washing facility shall provide on-site stacking space for five vehicles per washing lane on the approach side of the washing structure and on-site stacking space for two vehicles on the exit side.

         B.   Each self-service auto washing facility shall provide stacking space for three automobiles per bay on the approach side and one space per bay on the exit side of the building.

      3.   Automobile, RV, and Equipment Rental and Sales.

         A.   All outdoor display areas for rental and sales facilities shall be hard-surfaced, unless screened from casual view as provided by Chapter 171.

         B.   Body repair services are permitted as an accessory use to automobile rental and sales facilities, provided that such repair services shall not exceed 25% of the gross floor area of the building.

      4.   Bed and Breakfasts.

         A.   Bed and breakfasts permitted in the CBD District must provide any sleeping facility only on levels above street level except that units specifically designed and reserved for occupancy by handicapped people may be located on the street level.

         B.   Bed and breakfasts shall meet the off-street parking requirements as specified in Chapter 172. Tandem parking is allowed; however, not more than two (2) cars per tandem space shall be allowed.

         C.   Signage shall be limited to that permitted for home occupations as specified in subsection 1 of Section 169.09.

         D.   Additional uses of the premises, such as “tearoom”, “coffee house”, or “conference center” require application for Special Use Permit in any zone and must comply with all other applicable requirements of the Denison City Code and secure all applicable permits.

         E.   Tearooms shall be considered food establishments associated with and attached to bed and breakfasts and shall be fully contained on the same lot or a contiguous lot as the establishments with which they are associated.

         F.   Off-street parking requirements for tearooms shall be as follows: Sufficient off-street parking must be provided based on the seating capacity of the tearoom so that there is one parking spot for every four (4) person seating capacity. Tandem parking is allowed; however, not more than two (2) vehicles per tandem space shall be allowed.

         G.   All tearooms shall comply with all provisions of the Iowa Code and with any regulations affecting the operations of bed and breakfasts, including but not limited to Iowa Code Chapters 137C and 137F and all regulations adopted pursuant thereto.

(Ord. 1381 - Nov. 10 Supp.)

      5.   Campgrounds.

         A.   Minimum Size. Each campground established after the effective date of this chapter shall have a minimum size of one acre.

         B.   Setbacks. All campgrounds shall maintain a 50-foot front yard setback and a 25-foot buffer yard from all other property lines.

         C.   Each campground must maintain water supply, sewage disposal, and water and toilet facilities in compliance with all City ordinances; or, alternately, be limited to use by self-contained campers, providing their own on-board water and disposal systems.

      6.   Construction Sales and Service. Retail home improvement stores and centers may include outdoor storage of materials and must comply with the following conditions:

         A.   Architectural design and materials shall be consistent with the current or projected character of the surrounding area.

         B.   All outside storage or display of merchandise or other materials or equipment shall be screened from view at eye level from a public street or adjacent property.

         C.   All storage buildings with overhead doors, drive openings, or open bays and all loading areas shall be fully screened from view at eye level from a public street or adjacent property.

         D.   Minimum screening shall be consistent with screening standards set forth in Section 171.06.

         E.   All areas not occupied by buildings or landscaping shall be paved with concrete or asphalt, or surfaced with gravel or similar treatment to reduce dust.

      7.   Convenience Storage. When permitted outside of the I-2 District, convenience storage facilities shall be subject to the following additional requirements:

         A.   Activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance of the facility.

         B.   All driveways within the facility shall provide a paved surface with a minimum width of 25 feet.

         C.   All storage must be within enclosed buildings and shall not include the storage of hazardous materials.

         D.   No storage buildings may open into required front yards.

         E.   Facilities must maintain landscaped bufferyards of 30 feet adjacent to any public right-of-way and 20 feet adjacent to other property lines, unless greater setbacks are required by Chapter 171.

      8.   Kennels.

         A.   The minimum lot size shall be two acres.

         B.   No building or dog runs shall be located nearer than 100 feet from any property line and 500 feet to the property line of any residential use or district.

         C.   All kennel facilities shall be screened around such facilities or at property lines to prevent distracting or exciting animals. Screening shall be of a type provided by Section 171.06, establishing landscape and screening standards.

      9.   Restricted (Adult Entertainment) Businesses. Adult entertainment businesses shall be subject to the following restrictions, and no person shall cause or permit the establishment of any adult entertainment business contrary to said restrictions:

         A.   No adult entertainment business shall be open for business between the hours of two a.m. and six a.m.

         B.   A new adult entertainment business shall not be allowed within 1,000 feet of an existing adult entertainment business.

         C.   A new adult entertainment business shall not be located within 500 feet of any residentially zoned district or 1,000 feet of a preexisting school, public park, or place of worship.

         D.   No such nonconforming use shall be permitted to expand in size or scope and the rights granted in this chapter shall terminate upon cessation of business for the term of six months.

         E.   Measurement of Distances. For the purpose of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult entertainment business to the point on the property line of such other business, school, church, public park or areas zoned for residential use which is closest to the said main entrance of such adult entertainment business.

         F.   No adult entertainment business shall be conducted in any manner that permits the observation of models or any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use. No operator of an adult entertainment business or any officer, associate, member, representative, agent, owner, or employee of such business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the premises which is prohibited by this code or any laws of the state or the United States.

         G.   No part of the interior of the adult entertainment business shall be visible from any pedestrian sidewalk, walkway, street, or other public or semipublic area.

         H.   An adult entertainment business shall post a sign at the entrance of the premises, which shall state the nature of the business and shall state that no one under the age of eighteen years is allowed on the premises. The sign shall comply with the city's sign regulations. This section shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.

         I.   Nuisance Operation. Any adult entertainment business operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner prescribed by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining an adult entertainment business contrary to the provisions of this chapter.

      1.   Resource Extraction. Resource extraction, where permitted, is subject to the following additional requirements:

         A.   Erosion Control. A resource extraction use may not increase the amount of storm run-off onto adjacent properties as determined by review of the Zoning Administrator. Erosion control facilities, including retention and sediment basins, are required of each facility, if necessary, to meet this standard.

         B.   Surface Drainage. The surface of the use may not result in the collection or ponding of water, unless specifically permitted as part of a Special Use Permit.

         C.   Storage of Topsoil. Topsoil shall be collected and stored for redistribution following the end of the operation.

         D.   Elimination of Hazards. Excavation shall not result in a hazard to any person or property. The following measures are required:

            (1)   Restoration of slopes to a gradient not exceeding 33% as soon as possible.

            (2)   Installation of perimeter safety screening and/or fencing.

            (3)   Installation of visual screening adjacent to any property within a residential or public use district consistent with bufferyard standards contained in Chapter 171. Resource extraction uses in the AG District shall be subject to the same bufferyard requirements as those in the I-2 District.

         E.   Restoration of Landscape. The topography and soil of the resource extraction site shall be restored and stabilized within nine months of completion of the operation in accordance with specifications set forth in the approved Erosion and Sedimentation Control Plan for the site, including Best Management Practices that may otherwise be used to the satisfaction of the Zoning Administrator. Alternatively, the site may be used as a lake or body of water, subject to approval by the City Council with the recommendation of the Planning Commission and the Department of Natural Resources. Adequate surety, in the form of a performance bond, to cover the cost of restoration of the site shall be submitted by the applicant at the time of permit application.

      2.   Salvage Services and Long-term Vehicle Storage and Dismantling.

         A.   Screening.

            (1)   The perimeter of each new facility shall be fully enclosed by opaque, freestanding fencing or screen walls. Minimum height of this enclosure shall be eight feet. Any such enclosure shall be constructed behind required landscaped bufferyards.

            (2)   Each existing salvage services facility shall be screened as provided above within one year of the effective date of this ordinance.

            (3)   The above requirement shall also apply to uses adjacent to residential zoning districts or residential uses that include the long-term storage and dismantling of vehicles.

         B.   Storage of materials within any salvage services facility may not be higher than the height of the surrounding screen fence or wall.

         C.   No new salvage services use may be established within 500 feet of the nearest property line of a pre-existing residential zoning district or of any pre-established civic use.

   The following performance standards apply to all industrial uses permitted within an industrial zoning district:

      1.   Physical Appearance. All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored outside. Normal daily inorganic wastes may be stored outside in containers, provided that such containers are not visible form the street.

      2.   Fire Hazard. Except in Heavy Industrial Zones, no operation shall involve the use of highly flammable gases, corrosive materials, strong acids or bases, liquids, or inherent fire hazards. This prohibition shall not apply to the normal use of heating or motor fuels and welding gases when handled in accordance with the regulations of Crawford County and the City of Denison.

      3.   Sewage and Wastes. No operation shall discharge into a sewer, drainage way, or the ground any material, which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.

      4.   Storage of Chemical Products. If allowed by Special Use Permit, any above or below ground storage of liquid petroleum products or chemicals of a flammable or noxious nature shall not exceed 150,000 gallons when stored on one lot less than one acre. Such storage shall not exceed 25,000 gallons in any one tank. Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess of 25,000 gallons shall be located at least 50 feet from any structure intended for human habitation and at least 200 feet from any Residential, Office, or Commercial zoning district.

      1.   Landfills.

         A.   Compliance with Codes. Each landfill must comply with all relevant city, county, State, or Federal codes and statutes.

         B.   Prevention of Hazards. No facility shall present a hazard to surrounding residents or properties.

         C.   Drainage and Water Supply. No landfill may modify or prevent the flow of major natural drainage ways within the jurisdiction of the City of Denison. Landfills shall not produce a measurable increase in pollution in any public water-based recreational facility or in any waterway or well that is a part of a public or private water supply.

         D.   Minimum Separation from Residential Uses. No non-putrescible landfill may be established within 300 feet of a developed residential or public use. No landfill involving the disposal of putrescible or septic wastes shall be established within one-fourth mile of any residential, public, or commercial zoning district; or any     State of Federal Highway.

         E.   Restoration of Site. The site of any landfill must be restored, stabilized, planted, and seeded within six months after the end of the operation. Dissipation of waste products must be accomplished in a manner approved by the State of Iowa’s Department of Natural Resources.

         F.   Toxic Waste. The disposal of hazardous, toxic, or radioactive wastes as defined by the Federal Environmental Protection Agency shall be prohibited within the City of Denison and its extra-territorial jurisdiction.

      2.   Wind Energy Conservation Systems (WECS).

         A.   The distance from all lot lines or any building or power line to any tower support base of a WECS shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of a Special Use Permit approval if the Zoning Board of Adjustment, after recommendation by the Planning Commission, finds that the reduction is consistent with public health, safety, and welfare.

         B.   The distance between the tower support bases of any two WECS shall be the minimum of five rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a Special Use Permit approval if the City Council, after recommendation by the Planning Commission, finds that the reduction does not impede the operation of either WECS.

         C.   Any tower or rotor shall maintain a distance of at least 100 horizontal feet from any structure, power line, or antenna located on another property.

         D.   The WECS operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.

         E.   A fence eight feet high with a locking gate shall be placed around any WECS tower base; or the tower climbing apparatus shall begin no lower than twelve feet above ground.

         F.   The height of the WECS may exceed the height restrictions of the base district by up to 50%. The bottom tip of any rotor must be at least 10 feet above any area accessible to pedestrians.

      1.   Home-Based Businesses/Home Occupations. Home-based businesses and home occupations are permitted as an accessory use in residential units as long as the owner complies with all relevant local, state and federal laws, and subject to the following conditions:

         A.   External Effects.

            (1)   There shall be no change in the exterior appearance of the building or premises housing the home occupation other than signage permitted within this section.

            (2)   No noise, odors, bright lights, electronic interference, storage or other external effects attributable to the home occupation shall be noticeable from any adjacent property or public right of way.

            (3)   The home occupation shall be carried on entirely within the principal residential structure or within an accessory structure which does not exceed 15 feet in height and in which not more than 600 square feet in area is used for the home occupation. Any such use of the accessory structure must comply with the International Building Code as adopted by the City of Denison, Iowa.

            (4)   Mechanical or electrical equipment supporting the home occupation, other than that which is designed to facilitate heating or cooling of the home, shall be limited to that which is self-contained within the structure and normally used for office, domestic or household purposes.

            (5)   No home occupation shall discharge into any sewer, drainageway, or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.

         B.   Employees. The home occupation shall employ no more than two full-time employees on site other than the residents of the dwelling unit, provided that one off-street parking space is made available and used by a non-resident employee.

         C.   Extent of Use. For all residential and agricultural zoning districts, 25% of the floor area of the dwelling may be devoted to the home occupation, exclusive of any detached accessory buildings used for the home occupation.

         D.   Signage. Each home-based business shall be permitted to have one non-illuminated wall sign not to exceed six (6) square feet in area.

         E.   Prohibited Home-Based Businesses/Home Occupations. The following activities are prohibited as home-based businesses, even if they meet the other requirements set forth in this section:

            (1)   Animal hospitals.

            (2)   General retail sales.

            (3)   Restaurants.

            (4)   Repair shops or service establishments that service major motorized vehicles, small engines, and related items.  

            (5)   Stables or kennels.

            (6)   Welding, vehicle body repair, or rebuilding or dismantling of vehicles.

      2.   Permitted Accessory Uses: Residential Uses. Residential uses may include the following accessory uses, activities, and structures on the same lot.

         A.   Private garages and parking for the residency use.

         B.   Recreational activities and uses by residents.

         C.   Home occupations, subject to the provisions of this ordinance.

         D.   Non-commercial convenience services for the primary use of residents of multi-family uses or mobile home parks, including laundromats, clubhouses, and post offices.

         E.   Garage sales, provided that the frequency of such sales at any one location are limited to one sale of no more than three consecutive days duration in a month, and three sales during any twelve month period.

      3.   Permitted Accessory Uses: Civic Use Types. Guidance services and health care use types are permitted in the I-1 Limited Industrial zoning districts only as accessory uses to a primary industrial use.

      4.   Permitted Accessory Uses: Other Use Types. Other use types may include the following accessory uses, activities, and structures on the same lot:

         A.   Parking for the principal use.

         B.   Manufacturing or fabrication of products made for sale in a principal commercial use, provided such manufacturing is totally contained within the structure housing the principal use.

         C.   Services operated for the sole benefit of employees of the principal use.

      5.   Permitted Accessory Uses: Agricultural Use Types.

         A.   Garden centers and roadside stands, subject to the regulations set forth in 169.02 2 B.

         B.   Other uses and activities necessarily and customarily associated with the purpose and functions of agricultural uses.

         C.   Buildings that directly serve and are required for the conduct of crop and animal production, are exempt from requirements for building permits and inspections. Structures that house other uses are subject to the requirements of this ordinance, even if located on property zoned or primarily zoned or used for agricultural purposes.

   Outdoor storage is prohibited in all zoning districts except the I-1 Limited Industrial and I-2 General Industrial zoning district, except as provided in this section.

      1.   Agricultural Use Types. Outdoor storage is permitted only where incidental to agricultural uses.

      2.   Residential Uses and Property. Except as otherwise provided by this ordinance, any goods, equipment, materials, machinery, and parts thereof stored on any residentially zoned property must be stored in completely enclosed buildings or in spaces screened by fencing and/or evergreen shrubbery.

      3.   Civic Use Types. Outdoor storage is permitted only where incidental to maintenance facilities, or in completely enclosed buildings or in spaces screened by fencing and/or evergreen shrubbery.

      4.   Commercial Use Types.

         A.   Outdoor storage is permitted where incidental to agricultural sales and service, auto rentals and sales, construction sales and service, equipment sales and service, stables and kennels, and surplus sales.

         B.   Outdoor storage is permitted where incidental to auto services, equipment repair, long-term vehicle storage, and body repair, provided that such storage is completely screened at property lines by an opaque barrier, as set forth in Section 171.06. This provision shall apply to any auto services, equipment repair, or body repair use established after the effective date of this ordinance.

      5.   Industrial and Miscellaneous Use Types.

         A.   Outdoor storage is permitted where it is incidental to industrial uses within the AG and I-1 zoning districts. Any such outdoor storage is subject to screening requirements set forth in Section 171.06.

         B.   Outdoor storage is permitted where incidental to landfills.

      1.   Purpose. These provisions are intended to permit occasional, temporary uses and activities, when consistent with the objectives of the Unified Land Development Ordinance and compatible with surrounding uses. They are further intended to prevent temporary uses from assuming the character of permanent uses.

      2.   Temporary Use Types. The following temporary uses are permitted, subject to the regulations contained within these sections:

         A.   Model homes or apartments, if contained within the development to which they pertain.

         B.   Development Sales Offices. Such offices may remain in place until 90% of the lots or units within the development are sold and may not be located within a mobile home or manufactured home/structure.

         C.   Public assemblies, displays, and exhibits.

         D.   Commercial circuses, carnivals, fairs, festivals, or other transient events, provided that events are located on property owned by the sponsoring non-profit organization, or are located within an AG, C-1, C-2, CBD, I-1, or I-2 zoning district. Such uses shall not exceed three weeks in duration.

         E.   Outdoor art shows and exhibits.

         F.   Seasonal sales, including Christmas tree or other holiday-related merchandise sales lots, provided that such facilities are not located in a residential zoning district.

         G.   Construction site offices, if located on the construction site itself.

         H.   Outdoor special sales, provided that such sales operate no more than three days in the same week and five days in the same month; and are located in commercial or industrial zoning districts.

         I.   Construction Batch Plants in the I-1 District provided that:

            (1)   No plant may be located within 600 feet of a developed residential use, park, or school.

            (2)   The facility is located no more than one mile from its job site. The Zoning Administrator may extend this distance to two miles, if such extension avoids use of local streets by plant-related vehicles.

            (3)   Hours of operation do not exceed 12 hours per day.

            (4)   The duration of the plant's operation does not exceed 180 days.

         J.   Additional temporary uses that the Zoning Administrator determines to be similar to the previously described uses in this section.

      3.   Required Conditions of All Temporary Uses.

         A.   Each site shall be left free of debris, litter, or other evidence of the use upon its completion or removal.

         B.   The Zoning Administrator may establish other conditions that he/she deems necessary to ensure compatibility with surrounding land uses.

(Chapter 169 - Ord. 1374 – May 10 Supp.)