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 Article IV of this chapter.

(Code 1993, § 39.06.001; Ord. No. 1171, § 1)

(a)

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.

(b)

The following are supplemental use regulations for agricultural uses:

(1)

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 Article VIII of this chapter.

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.

(2)

Incidental animal production in the RR district.

a.

Breeding and raising of small animals and fowl, such as birds, rabbits, chinchillas, and hamsters, is permitted in the RR district, provided that any building housing such animals shall be at least 50 feet from any property line and 25 feet from any dwelling unit on the site.

b.

Within the RR district, any lot of one acre and over may maintain one horse or llama and its immature offspring. Such a lot may have one additional animal for each additional two acres of lot area, up to a maximum total of three animals. No stable shall be located closer than 50 feet to any dwelling unit on the site.

(3)

Type I and Type II animal production.

a.

Location.

1.

Any new Type I or Type II animal production use established within the two-mile extraterritorial jurisdiction of the City shall be subject to approval of a special use permit, as set forth in Section 62-55.

2.

No confinement area for the feeding or holding of livestock or poultry shall be located within 1,000 feet of the property lines of the parcel on which it is located; or within 1,000 feet of an existing residential structure other than that of the owner or operator of the facility.

b.

Operation.

1.

Livestock wastes within a confinement area shall be removed or disposed of by spraying or spreading on land promptly followed by disking or plowing; grinding or dehydrating in properly designed dehydrators; or stockpiling in a compost plant located at least one mile from a residential zoning district.

2.

Insect and rodent control measures must be instituted for confined areas by removal or disposal of manure; or by other accepted insect or rodent control measures.

c.

Drainage.

1.

All ground surfaces within confinement areas shall be graded and compacted to ensure proper drainage.

2.

All ground surfaces within confinement areas shall be controlled so that no appreciable amount of soil and livestock waste is carried into any roadway ditch, drainage area, or other low-lying area.

d.

Pollution control. A confined area shall not produce a measurable increase in pollution in any public water-based recreational facility, public water supply, or in any waterway that is part of a public or private water supply and shall obtain proper State Health Department permits.

(4)

Type III animal production.

a.

No new Type III animal production use shall be established within the extraterritorial jurisdiction of the City.

b.

No expansion of any existing Type III animal production use within the planning jurisdiction of the City shall be permitted.

(Code 1993, § 39.06.002; Ord. No. 1171, § 1; Ord. No. 1229, § 1; Ord. No. 1610, § 3)

The following are supplemental use regulations for residential uses:

(1)

Zero-lot line single-family detached residential. Within a common development, one interior side yard may be equal to zero for single-family detached residential use, subject to the following regulations:

a.

The side yard opposite to the zero yard must equal at least twice the normal required side yard. In all cases, a minimum required separation of 12 feet for principal buildings and six feet for accessory buildings shall be maintained.

b.

The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development; or not otherwise designated for zero lot line use.

c.

An easement for maintenance of the zero lot line facade is filed with the County Register of Deeds and the Zoning Administrator at the time of application for a building permit.

(2)

Single-family attached. When permitted, single-family attached residential uses shall be subject to the following regulations:

a.

The site area per unit must be a minimum of 4,000 square feet in all districts where permitted;

b.

The minimum width for any single-family attached unit sold individually shall be 45 feet.

(3)

Townhouse residential. Where permitted, townhouse residential use is subject to the following regulations:

a.

The site area per unit must be 3,000 square feet in all districts where permitted.

b.

The minimum width for any townhouse lot sold individually shall be 25 feet, except within an approved creative subdivision.

c.

Coverage percentages are computed for the site of the entire townhouse common development.

(4)

Residential and group residential in LC, CC, DC and GC districts. The Board of City Commissioners, with the recommendation of the Planning Commission, may allow a unit specifically designed for occupancy by disabled residents at street level, subject to approval of a special permit.

(5)

Mobile home parks in the MH district. In the MH Mobile Home Residential District, which permits major mobile home residential use, such use may be configured in a mobile home park or mobile home subdivision. Following the effective date of the ordinance from which this chapter is derived, no mobile home shall be located outside of a mobile home park or mobile home subdivision. A mobile home park is subject to approval of a special use permit and compliance with the following regulations:

a.

Minimum and maximum area. A mobile home park shall be considered to be one zoned lot. The contiguous area of a mobile home park shall provide for a minimum of 2.5 acres.

b.

Density requirements.

1.

The minimum gross site area per dwelling unit shall be 7,000 square feet.

2.

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

c.

Site development standards.

1.

Setbacks. Each mobile home park shall have a minimum perimeter setback of 35 feet from all exterior lot or property lines. 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 Article VIII of this chapter. Screening shall be provided in conformance with Article VIII of this chapter for any common property line with another nonresidential use.

3.

Impervious coverage. Impervious coverage for a mobile home park shall not exceed 50 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/or attached accessory structure and any other mobile home unit and/or accessory structure shall be 15 feet in all directions.

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 six feet shall be provided between any mobile home and an unattached accessory building.

d.

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.

2.

Vehicular circulation. The mobile home park must provide interior vehicular circulation on a private internal street system. Minimum interior street width between edges of pavement shall be 25 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 90 feet. No such culs-de-sac may exceed 300 feet in length.

3.

Separation between units and circulation areas. The minimum distance between a mobile home unit together with any attached accessory structure and the pavement of an internal street or parking area shall be 20 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 4.5 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.

7.

Tornado shelters. Underground tornado shelters shall be provided in the mobile home park. Such shelters shall be built according to the recommendations of the civil defense authority and be large enough to meet the specific needs of the park and its residents.

e.

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 sanitary and sewer service shall be provided within each mobile home park in accordance with Chapter 52, pertaining to subdivisions.

3.

Properly spaced and operating fire hydrants shall be provided for proper fire protection within each mobile home park in accordance with Chapter 52, pertaining to subdivisions.

4.

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

5.

All water, sewer, electric light systems, streets, and sidewalks shall be private facilities within a mobile home park.

f.

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.

g.

Completion schedule. Construction must begin on any approved mobile home park within one year of the date of approval by the Planning Commission. Such construction shall be completed within two years of approval, unless otherwise extended by the Commission.

(6)

Mobile home subdivision in the MH district.

a.

Mobile home subdivisions shall be developed in accordance with all standards and requirements set forth in Chapter 52, pertaining to subdivisions. Site development regulations shall be the same as those required in the R-3 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 U.S. Department of Housing and Urban Development and display a certification of such compliance.

c.

Mobile home subdivisions shall provide an emergency management plan as required under Section 32-23(10)c.

d.

Mobile home units shall be permitted and inspected by the City as a participating jurisdiction in accordance with the regulations promulgated by the State Department of Commerce.

(Code 1993, § 39.06.003; Ord. No. 1171, § 1; Ord. No. 1244, § 2, Ord. No. 1674, § 1)

The following are supplemental use regulations for civic uses:

(1)

Clubs. Clubs located adjacent to residential uses shall maintain a buffer yard of not less than 20 feet along the common boundary with such residential use.

(2)

Day care facilities. Day care facilities are permitted by special use permit in the GI General Industrial Zoning District only if incidental to a permitted primary use.

(3)

Group care facilities and group homes.

a.

Each group care facility or group home must be validly licensed by either the State or the appropriate governmental subdivision.

b.

Group homes are permitted in the DC 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 of a special permit by the Board of City Commissioners with the recommendation of the Planning Commission.

(4)

Group living uses. These uses shall be allowed by special use permit. As part of the special use permit request, the applicant shall submit the following additional information:

a.

Information regarding the proposed group living facility operation, which includes, but is not necessarily limited to, the following:

1.

A complete statement of the types of services to be provided, including a client case management plan as well as the provision of wrap around services;

2.

Consent to a background investigation of the owner/operator of the facility;

3.

A list of required licenses and/or certificates, if any;

4.

A list of agencies expected to provide services at the facility;

5.

The applicant's history of residency, employment, and business ownership for five years prior to the date of the application;

6.

A copy of the facility's house rules and regulations;

7.

A copy of the facility's on-site security plan;

8.

A copy of the facility's on-site emergency management plan, to include contingencies for fire, tornado, and other natural disaster;

9.

Any additional information deemed necessary by Development Services, the Planning and Zoning Commission, and/or the Board of City Commissioners.

b.

No group living use may be located within 300 feet of another group living use, measured by lot line to lot line, unless such location is otherwise reviewed and approved as a special use.

c.

If located within 150 feet of a single-family residential zoning district, including overlay districts and/or planned unit developments, all outdoor activity shall be screened from public view and from the view of adjacent properties.

d.

Lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows or light leaving the property. Lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible/comparable with the neighborhood.

e.

Any permit issued under this section shall be nontransferable as to the permit holder and/or the premises to be permitted. A permit holder may not relocate their operation using the same permit. A permit approved at a particular location may not be transferred to a new individual or business.

f.

The permit holder shall conduct an annual compliance audit. The results of that annual compliance audit shall be made available to the Community Development Department.

g.

The permit holder shall appear annually before the Planning and Zoning Commission for renewal of the permit. In addition to the annual compliance audit, the Community Development Department may require additional information or an annual site inspection prior to renewal.

h.

Group living facilities shall comply with all applicable local, State and Federal requirements.

i.

Group living facilities shall comply with all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.

(5)

Primary and secondary educational and religious assembly facilities.

a.

Each facility shall have a minimum lot area of one acre.

b.

Buildings and parking shall have a minimum setback of 20 feet from property lines.

c.

Proposed facilities shall conform to all State and Federal requirements.

(Code 1993, § 39.06.004; Ord. No. 1171, § 1; Ord. No. 1798, § 9, 6-4-2024)

The following are supplemental use regulations for commercial uses:

(1)

Auto repair, equipment repair, and body repair.

a.

Where permitted in commercial districts, all repair activities must take place within a completely enclosed building. Outdoor storage is permitted only where incidental to auto repair and body repair, provided that such storage is completely screened so as not to be visible from residential areas or public rights-of-way. Motor vehicles, regardless of their current mechanical state of operability, are not classified as outdoor storage and shall fall under the same screening parameters as the vehicle storage (short-term) use. Screening is subject to provisions of Article VIII of this chapter.

b.

Any spray painting must take place within structures designed for that purpose and approved by the Zoning Administrator.

(2)

Auto washing facilities.

a.

Each conveyor operated auto washing facility shall provide 100 feet of stacking capacity per washing lane on the approach side of the washing structure and a minimum stacking space of 40 feet 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 and equipment rental and sales.

a.

All outdoor display areas for rental and sales facilities shall be an improved surface, including paving or crushed rock.

b.

Body repair services are permitted as an accessory use to automobile rental and sales facilities.

(4)

Bed and breakfasts. Bed and breakfasts permitted in the DC 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.

(5)

Campgrounds.

a.

Minimum size. Each campground established after the effective date of the ordinance from which this chapter is derived 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.

d.

Campgrounds shall not be permitted to be used for any of the purposes as provided for in Division 2 of this article. Any campground containing one or more lodging units or skid units ordinarily designed for human living quarters or a place of business, on a temporary or permanent basis, which are not real property, as defined in N.D.C.C. § 57-02-04, and are not mobile homes, as defined in N.D.C.C. § 57-55-01, shall be obligated to comply with Division 2 of this article and obtain a crew housing special use permit, as provided therein.

(6)

Convenience storage. When permitted in the AG, GC, and LI districts, convenience storage facilities shall be subject to the following additional requirements:

a.

The minimum size of a convenience storage facility shall be one acre.

b.

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

c.

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

d.

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

e.

No storage buildings may open into required front yards.

f.

Facilities must maintain landscaped buffer yards of 35 feet adjacent to any public right-of-way and 20 feet from the adjacent property lines if the adjacent properties are of a less intensive zoning district and/or unless greater setbacks are required by Article VIII of this chapter.

(7)

Pet day care. When permitted by special use permit in the RR, R1, R2, and R3 districts, or as a permitted use in other zoning jurisdictions as set forth in Table 62-162-2, pet day cares shall be subject to the following additional requirements:

a.

Buildings shall be of adequate structure and maintained in good repair so as to ensure protection of pets from injury and to prevent departure of pet from designated structure.

b.

Shelter shall be provided to allow access to shade from direct sunlight and regress from exposure to rain or snow. Accommodations shall provide safe harbor when the atmospheric temperature is below 50 degrees Fahrenheit or below that temperature to which the particular pets are acclimated. Indoor facilities shall be provided for all pets.

c.

Indoor and outdoor facilities shall at all times be provided with ventilation by means of doors, windows, vents, air conditioning or direct flow of fresh air that is adequate to provide for the good health of the pets and the prevention of offensive odor, mold, or disease. Such ventilation shall be environmentally provided to minimize drafts, moisture condensation, odors or stagnant vapors of excreta.

d.

Ample lighting shall be provided by natural or artificial means, or both, during sunrise to sunset hours to allow efficient cleaning of the facilities and routine inspection of the facilities and pets contained therein.

e.

Ceilings, walls, floors, furniture, and play equipment shall be constructed to lend themselves to efficient cleaning and sanitizing. Such surfaces shall be kept in good repair and maintained so that they are substantially impervious to moisture. Floors and walls to a height of four feet shall have finished surfaces. Upholstered furniture or carpeting shall not be permitted in that portion of the facility to which pets have access.

f.

Food supplies and bedding materials shall be stored to adequately protect them from contamination or infestation by vermin or other factors that would render the food or bedding contaminated or diseased, or otherwise attract vermin or other nuisance to the site. Separate storage facilities shall be maintained for cleaning and sanitizing equipment and supplies.

g.

Washrooms, basins or sinks shall be provided within or be readily accessible to each facility for maintaining cleanliness among animal caretakers and sanitizing of food and water utensils.

h.

Equipment shall be available for removal and disposal of all waste materials from the building to minimize vermin infestation, odors and disease hazards. Drainage systems shall be functional to achieve the above purposes.

i.

Facilities shall be provided to isolate any pet that becomes sick or injured to prevent the spread of disease or illness.

j.

Outdoor pet runs and exercise areas shall be of sound construction and kept in good repair so as to safely contain the pets therein without injury or risk of escape. Floors shall be concrete, gravel or materials which can be regularly cleaned and kept free of waste accumulation. Grass runs and exercise areas are permissible provided adequate ground cover is maintained, holes are kept filled, ground cover is watered sufficiently to dilute and clean the cover to avoid disease, solid waste is removed prior to watering, and the ground cover is not allowed to become overgrown.

k.

Any portion of the premises where pets are permitted outdoors shall have a fence of the maximum height allowed by this Code. Such fence shall be maintained in good condition so as to mitigate the visual and audial effects of the operation, and to properly contain any pets permitted in that area. The permit holder may not use an existing fence if it is owned by the adjacent property owner.

l.

The proprietor shall maintain current vaccination records on each pet permitted at the facility to ensure public safety.

m.

The proprietor shall obtain and maintain insurance specific to the risks associated with operating a pet day care, which shall include, but not be limited to, coverage protecting the general public in the event of animal bites and property damage caused by loose or escaped animals.

n.

Group interaction is permitted for pets that are compatible with one another. The permit holder shall not permit play which creates a hazard to the public or a nuisance such as noise.

o.

The play area for pets shall provide for a minimum of 75 square feet per pet, provided that the maximum number of pets allowed at any one facility shall be ten, including animals owned by the permit holder. The permit issued by the City shall be displayed prominently at the site, and shall contain the calculation of the Planning Department as to the authorized number of animals.

p.

The permit holder shall appear annually before the Planning Commission for renewal of the permit. The Planning Department may require an annual site inspection prior to renewal.

q.

Any permit issued under this section shall be nontransferable as to the permit holder and/or the premises to be permitted. A permit holder may not relocate their operation using the same permit. A permit approved at a particular location may not be transferred to a new individual or business.

r.

Complaints regarding dog bites, nuisance animals, or excess noise shall be investigated by the Police Department.

s.

Complaints regarding any zoning violation or any other condition of the permit shall be investigated by the Planning Department.

t.

In the event a complaint is made, regardless of which department investigates, the Planning Department may conduct a site visit to determine whether the permit holder is in compliance with the terms of the permit. The Planning Director may require the permit holder to appear before the Planning Commission to address the complaint.

u.

In the event two complaints of any nature against the permit holder are substantiated and validated through a hearing before the Planning Commission, within a rolling 12-month period, the Planning Commission shall revoke the special use permit. Upon revocation, the permit holder shall cease operations within 30 days, or appeal the decision to the Board of City Commissioners. Failure to appeal within 30 days of the decision of the Planning Commission shall constitute forfeiture of all rights of appeal, and the decision of the Planning Commission shall become final. If the permit holder appeals to the Board of City Commissioners, the applicant may continue its operations until a decision has been rendered by the Board of City Commissioners. If the Board of City Commissioners affirms the decision of the Planning Commission, the permit holder shall have 15 days from the date of the decision of the Board of City Commissioners to cease operations.

(Code 1993, § 39.06.005; Ord. No. 1171, § 1; Ord. No. 1437, § 1; Ord. No. 1604, § 6; Ord. No. 1610, § 3; Ord. No. 1647, § 3; Ord. No. 1834 meeting, § 3, 10-21-2025)

(a)

The following are supplemental use regulations for industrial uses:

(1)

Salvage services.

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 ten feet. Any such enclosure shall be constructed behind landscaped buffer yards.

2.

Each existing salvage services facility shall be screened as provided in Subsection (a)(1)a.1 of this section within one year of the effective date of the ordinance from which this chapter is derived.

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 salvage services use may be established within 300 feet of the nearest property line of a residential zoning district or of any pre-established civic use.

(b)

Performance standards for industrial uses.

(1)

Industrial uses in the LI district—Performance standards. The following performance standards apply to all industrial uses permitted within an LI Limited Industrial Zoning District:

a.

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 from the street.

b.

Fire hazard. No operation shall involve the use of highly flammable gases, acid, liquids, or other 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 the City and the U International Fire Code, as adopted by the City.

c.

Maximum permitted sound levels adjacent to residential zoning districts. No operation in the LI district shall generate sound levels in excess of those specified in Table 62-470-1 at the boundary of a residential district. All noises shall be muffled so as not to be objectionable because of intermittence, beat frequency, or shrillness.

Table 62-470-1. Maximum Permitted Sound Levels at Residential Boundaries

*Leq is the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying a-weighted sound. It is the average sound level and accurately portrays the sound the human ear actually hears.

d.

Sewage and wastes. All discharges of sewage and wastes into public sewers shall comply with all applicable City ordinances.

e.

Air contaminants. No material may be discharged into the air from any source in such quantity as to cause injury, detriment, nuisance, or annoyance to any considerable number of people or to the public in general; or to endanger the health, comfort, or safety of any considerable number of people or to the public in general; or to damage other businesses, vegetation, or property.

f.

Odor. The emission of odors determined by the Planning Commission to be obnoxious to most people shall be prohibited. Such odors shall be measured at the property line of the operation.

g.

Gases. No release of noxious or poisonous gases shall be permitted except as provided in this section. Measurements of sulfur dioxide, hydrogen sulfide, or carbon monoxide shall not exceed five parts per million taken at the property line of the operation.

h.

Vibration. All machines shall be mounted to minimize vibration. No measurable vibration shall occur at the property line of the operation which exceeds a displacement of 0.003 inch.

i.

Glare and heat. All glare generated by a use shall be shielded or directed so as not to be visible at the property line of the operation. No heat may be generated from an operation that raises the air temperature at the property line of the operation by more than five degrees Fahrenheit above the ambient air temperature.

j.

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 1,000 feet from any residential or commercial zoning district.

(2)

Industrial uses in the GI district—Performance standards. The following performance standards apply to all industrial uses permitted within a General Industrial (GI) Zoning District:

a.

Physical appearance. Salvage services and similar uses and operations shall be screened from view from both streets and adjacent non-industrial properties as provided by Subsection (a) of this section and Section 62-566.

b.

Fire hazard. All flammable substances involved in any activity established in the district shall be handled in conformance with the International Fire Code, as adopted by the City, and other appropriate Federal, State, and City statutes.

c.

Maximum permitted sound levels adjacent to residential zoning districts. No operating in the GI district shall generate sound levels in excess of those specified in Table 62-470-1 at the boundary of a residential district. All noises shall be muffled so as not to be objectionable because of intermittence, beat frequency, or shrillness.

d.

Sewage and wastes. All discharges of sewage and wastes into public sewers shall comply with all applicable City ordinances.

e.

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 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 1,000 feet from any residential or commercial zoning district.

(Code 1993, §§ 39.06.006, 39.06.007; Ord. No. 1171, § 1; Ord. No. 1610, § 3)

The following are supplemental use regulations for accessory uses:

(1)

Home-based business/home occupations. Home-based businesses and home occupations are permitted as an accessory use in residential units 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 and/or within a detached accessory building approved by the City in accordance with this chapter. All criteria in Subsections (1)a.1, 2, and 4 through 6 of this section are applicable for the detached accessory building.

4.

Mechanical or electrical equipment supporting the home occupation shall be limited to that which is self-contained within the structure and normally used for office, domestic or household purposes.

5.

No outdoor storage of materials or equipment used in the home occupation shall be permitted, other than motor vehicles used by the owner to conduct the occupation. Parking or storage of heavy commercial vehicles to conduct the home occupation is prohibited.

6.

All discharges of sewage and wastes into public sewers shall comply with all applicable City ordinances.

b.

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

c.

Extent of use. For all residential and agricultural zoning districts, a maximum percent floor area of 30 percent of the dwelling may be devoted to the home occupation, inclusive of any detached accessory buildings used for the home occupation.

d.

Signage. Signage shall be permitted as set forth for each base district in Article X of this chapter.

e.

Prohibited home-based businesses/home occupations.

1.

Beauty and barber shops. Barber and beauty shops are allowed only with a special use permit as home occupations in the AG, R-2, and R-3 zoning districts.

2.

Welding, vehicle body repair, or rebuilding or dismantling of vehicles are not permitted as home-based businesses.

(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 residential use. No garage can be constructed on any residential lot without an existing primary residential structure.

b.

Recreational activities and uses by residents.

c.

Home occupations, subject to this section.

d.

Residential convenience services for multifamily uses or mobile home parks.

e.

Garage sales, provided that the frequency of such sales at any one location shall not exceed one during a continuous, two-month period or four sales during any 12-month period.

f.

Caretaker's residences.

(3)

Permitted accessory uses—Civic use types. Guidance services and health care use types are permitted in the GI General 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 Section 62-466(b)(1).

b.

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

(Code 1993, § 39.06.008; Ord. No. 1171, § 1; Ord. No. 1610, § 3)

Outdoor storage is prohibited in all zoning districts except the GI 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)

Civic use types. Outdoor storage is permitted only where incidental to maintenance facilities.

(3)

Commercial use types.

a.

Outdoor storage is permitted where incidental to agricultural sales and service; auto rentals and sales; construction sales; equipment sales and service; stables and kennels; and surplus sales if less than 25 percent of the building footprint.

b.

Outdoor storage is permitted where incidental to auto services, equipment repair, and body repair, provided that such storage is completely screened at property lines by an opaque barrier, as set forth in Section 62-566. This provision shall apply to any auto services, equipment repair, or body repair use established after the effective date of the ordinance from which this chapter is derived if less than 25 percent of the building footprint.

(4)

Industrial and miscellaneous use types.

a.

Light industry within the DC Downtown Commercial District may not include outdoor storage.

b.

Outdoor storage is permitted where it is incidental to light industry outside of the DC Downtown Commercial District; general industry; heavy industry; resource extraction; salvage services; warehousing; and construction yards. Any such outdoor storage is subject to screening requirements set forth in Article VIII of this chapter.

c.

Outdoor storage is permitted where incidental to landfills.

(Code 1993, § 39.06.009; Ord. No. 1171, § 1; Ord. No. 1610, § 3)

The following are supplemental use regulations for miscellaneous uses:

(1)

Communications towers. A structure situated on a nonresidential site that is intended for transmitting or receiving television, radio or telephone communications, excluding those used exclusively for dispatch communications. Communications towers require a special use permit and must be based, at a minimum, upon the following design standards:

a.

The minimum setbacks from the tower base to any property line shall be 1.00 times the maximum height of the tower.

b.

The setback distance of the tower from any nonresidential structure or roadway (whether existing, platted, or prescribed by statute) shall be equal to 1.25 times the height of the tower. The setback distance shall be measured from the nearest point on the base of the tower to the nearest point at the base of the existing structure or the nearest boundary of the right-of-way (as defined by this Code), as applicable.

c.

The setback distance of the tower from any habitable residential structure shall be 1.75 times the height of the tower. The setback distance shall be measured from the nearest point on the base of the tower to the nearest point at the base of the residential structure.

d.

Minimum setbacks may be waived by the Board of City Commissioners if the developer submits the following written documents:

1.

A fall letter signed by a structural engineer with a wet registered professional engineer's seal and signature; and

2.

A letter of no objection signed by the affected adjacent property owner.

e.

The maximum allowable height of a communications tower shall be determined at the time of the application for a special use permit. Determination of maximum height shall be based upon existing conditions of the site, compatibility with surrounding land uses, and applicable State and Federal regulations governing the height of such facilities. The height of the tower shall include the antenna and all related and/or attached structures.

f.

The equipment compound shall not be used for storage of any excessive equipment; hazardous waste, or habitable space. No outdoor storage shall be allowed on site.

g.

The developer shall be responsible for all maintenance associated with the tower, the tower compound and the roads accessing the tower.

h.

The tower shall allow for co-location of additional providers.

i.

The developer shall provide a six-foot fence around the perimeter of the tower compound. Chain-linked fences shall be painted or coated with a nonreflective color.

j.

Prior to building permit issuance, the developer shall submit a letter from the Federal Aviation Administration (FAA) stating that the tower does not exceed the maximum height permitted under FAA rules.

k.

Signs located at the telecommunications facility shall be limited to ownership and contact information, Federal Communications Commission antenna registration number (if required), and any other information as required by government regulation. Commercial advertising is strictly prohibited.

l.

Unless required by the Federal Communications Commission or the Federal Aviation Authority, the telecommunications tower shall not be lighted.

m.

Security lighting for the equipment shelter shall be confined to the boundaries tower site.

n.

Towers shall be constructed of galvanized metal and shall be of an appropriate color to harmonize with the surroundings.

o.

A site plan, drawn to a scale of not less than one inch equals 100 feet, shall be required to accompany any and all special use permit applications and building permit applications for a communications tower.

p.

A photograph with a simulation of the proposed communications tower shall be included as part of the special use permit application.

q.

Any proposed change of use of the tower, increase in height or change of location shall require a hearing before the City Planning Commission as well as approval from the Board of City Commissioners.

r.

Development of the radio tower shall be performed in accordance with all applicable County, State and Federal rules and regulations.

s.

The service provider shall report to the Planning Director if the telecommunications tower facility is no longer in use. The telecommunications tower facility shall be removed, at the service provider's expense, within six months of this notice and the site shall be restored by the service provider to its preexisting condition.

If deemed necessary, the City may impose addition conditions to the conditional use permit.

(2)

Wireless telecommunication facilities in the public right-of-way. Residents, businesses and public safety operations in the City must have reliable access to wireless telecommunications network technology and state of the art mobile broadband communications services, accommodated by the City's deployment of wireless communications facilities and services within the public right-of-way. The City also desires to minimize potential negative impacts of wireless facility placement within the public right-of-way. Nothing in this section affects the City's right to regulate users of the public right-of-way in a competitively neutral and nondiscriminatory manner. The City intends to exercise its authority with respect to the regulation, placement, construction, and modification of wireless facilities in the public right-of-way to the fullest extent permitted by applicable law.

a.

Locating wireless communication facilities. The location of any new wireless communication facility in the public right-of-way shall be, when possible, on existing structures, such as utility poles through agreement with the pole owner, or street lights, or the replacement of an existing structure as provided herein. Installation of additional wireless support structures for the purpose of supporting a wireless communication facility within the public right-of-way will be permitted only as provided for in this chapter and the applicant must have a franchise with the City for the use of the public right-of-way, or MAA, or an encroachment agreement for that specific location and an installation permit.

b.

Installation permit required.

1.

No person may construct, install or modify a wireless communication facility within the public right-of-way without having first done one of the following:

(i)

Having entered into an MAA with the City, if the wireless communication facility will be installed on City-owned existing or previously approved new infrastructure.

(ii)

Having obtained a franchise from the City allowing use of the public right-of-way.

(iii)

Having obtained an encroachment agreement allowing the specific occupation of the public right-of-way location.

(iv)

Having entered into an agreement to co-locate with an entity with infrastructure in the right-of-way pursuant to a current franchise.

2.

Installation permit issuance. In each case, the person must also obtain an installation permit from the City as set forth in this chapter. Before a site license, if applicable, is agreed upon and an installation permit is issued, a written application for each site must be filed with the City Engineer or designee containing such information as may be required by the City Engineer or designee. The application shall include the following:

(i)

Information required to be provided by a registrant for public right-of-way use and occupancy under this chapter.

(ii)

The name and address of any retail communications service provider for which the facilities are intended to be used, if this is different than the applicant.

(iii)

Evidence that the applicant has obtained all State permits and other licenses, as well as insurance, performance and payment bonds as may be required by the City.

(iv)

A detailed statement of the location of all proposed facilities for which the permit is sought.

(v)

A construction plan.

(vi)

Other information required by this chapter.

3.

Fees. The City may require payment of a nonrefundable installation permit application fee at the time an installation permit application is submitted, as approved by the Board of City Commissioners and adopted in the wireless facilities guidelines, which shall not exceed $270.00. Such fees shall be set to recoup some or all of the cost of permit review, processing and issuance, and will be in addition to any other applicable fee or any separate payments that may be required in the event an installation permit is granted for use of the public right-of-way or the use of City-owned structures. The City reserves the right to charge applicants for installation permits and an annual fee for their use of the public right-of-way to the extent that such charges are allowed under State law. All such fees shall be described in the wireless facility guidelines and may be in addition to any fee charged for or cost associated with attachment to City-owned structures.

4.

Where the City determines that it requires expert assistance in evaluating an application, the City may procure technical and other specialized consulting services that may be necessary to promptly and thoroughly review the application. Reasonable fees charged by the consultant, in an amount not to exceed $200.00 per site, shall be reimbursed to the City by the applicant regardless of whether the application is, or is not, ultimately approved and a permit issued. The City shall be authorized to require the applicant to deposit a sum equal to the reasonable estimated amount of consultant fees to be paid.

5.

Time for review. The City Engineer or designee shall comply with applicable Federal, State and local law concerning the time period for review following receipt of a completed application to install or modify a wireless communications facility or wireless support structure in the public right-of-way. Specific timeframes shall be described in wireless facility guidelines.

6.

Nondiscrimination. The City shall evaluate, issue, and deny permit applications under Sections 62-465 through 62-475 on a competitively neutral basis, with no unreasonable discrimination among similarly situated applicants and installations.

7.

The City may impose additional reasonable conditions on any installation permit issued under Sections 62-465 through 62-475 relating to time, place and manner.

8.

The City shall not impose environmental testing, sampling, or monitoring requirements or other compliance measures for RF emissions on wireless communication facilities that are categorically excluded under the FCC's rules for radiofrequency remissions pursuant to 4 CFR 1.1307(b)(1).

9.

Scope and duration.

(i)

Any installation permit granted pursuant to such application shall be limited in scope to the description submitted in a completed application, as modified by any further agreed-upon conditions or subsequently approved modification.

(ii)

The installation permit shall be voidable by the City unless in the City's determination the work is commenced within 180 days from the date of issuance of the permit, unless extended by the City Engineer. If the facility is not used for its intended use within 12 months from the date of permit issuance, the City may revoke the permit.

(iii)

Within 60 days following completion of facility installation as described in the permit application, the permit holder shall submit as-built diagrams in digital format and digital photographs of the site to the City Engineer or designee.

(iv)

MAAs issued under Sections 62-465 through 62-475 are valid for a period of 15 years. To extend the MAA for an additional period of ten years, the permit holder shall provide proof that it continues to have the legal authority to occupy and use the public right-of-way for the purpose set forth in its permit; shall affirm that its site as it exists at the time of the renewal is in full compliance with the applicable City permits issued for the site and any current franchise agreement, and is in compliance with FCC regulations; and shall pay any permit processing fee required for renewal. Failure to submit such proof of legal authority or affirmation of compliance shall be grounds for non-renewal of the permit. The burden is on the permit holder to demonstrate that the site complies with the requirements herein.

10.

Conditional upon related agreements. The City may cause a permit under Sections 62-465 through 62-475 to be made temporary or conditional upon the execution of a finalized permit application or attachment agreement further addressing the proposed installation.

11.

Proximity to other facilities. The City reserves the right to deny, but is not obligated to deny, any siting permit application under this chapter that proposes to install a new wireless support structure within 300 feet of any other existing wireless support structure. It is the intent of this provision to encourage the collocation of wireless communication facilities on the same wireless support structure or on existing buildings or other structures, and to sensibly limit the overall visual impact of wireless communications in the public right-of-way.

12.

Denial of permit. Any denial of permit shall be made in writing, supported by substantial evidence that the proposed installation would be inconsistent with one or more of the provisions of this Code or with the health, safety and welfare of the City.

c.

General conditions. The City may approve a permit for the installation of a wireless communication facility in the public right-of-way, provided the applicant certifies compliance with the following general conditions, and subject to other use-specific conditions and other requirements set forth in Sections 62-465 through 62-475 and in any wireless application guidelines.

1.

General design standards.

(i)

The installation shall be unobtrusive, harmonious with its surroundings, and streamlined in appearance. The City Engineer/Planning Director shall require camouflage or concealment efforts. For installations in residentially zoned areas, downtown commercial zoned areas, or for installations in the Downtown Overlay District, the West Villard Overlay District, and/or the Corridor Overlay District, all designs of wireless communication facilities must comply with zoning requirements and shall be approved by the City Planning Director.

(ii)

The height of any wireless communication facility shall be limited to nearby structures of similar type and not more than 60 feet above normal grade unless otherwise approved by the City in the installation permit.

(iii)

Antennas shall be as small as possible. To address the physical and aesthetic impact on the public right-of-way, the City Engineer/Planning Director may limit the physical size and design of the antenna.

(iv)

All riser cabling and wiring must be contained in conduit, affixed directly to the face of the structure, or enclosed within the hollow interior of the pole, for as long as it is technically feasible. No exposed slack or extra cable will be allowed. All improvements shall match the color of the installation structure.

(v)

No signage or advertising will be permitted, except as required by law or as specifically permitted.

(vi)

Wireless communication facilities, either in historic areas or located within 300 feet or one block of historic areas, shall comply with any special requirements applicable to such areas, and may be subject to additional City review.

2.

Minimizing impacts on adjacent property owners.

(i)

A permit holder must design and install a wireless communication facility so as to minimize any impact on the adjacent property owners, and must actively mitigate any unreasonably adverse impact relating to visibility from the adjacent property; access to and from the adjacent property; intrusion of light, sound, or smell; in addition to any other cognizable unreasonable and substantial impact made known by an adjacent property owner.

(ii)

No antenna shall be within five feet of a door, balcony or window, nor placed in front of any window within 20 feet and located at a similar height to the antenna unit on the adjacent public right-of-way, unless otherwise restricted by the right-of-way width.

(iii)

An installation shall not interfere with City operations, or the operations of preexisting third-party installations in the public right-of-way. The City will reasonably cooperate with the applicant and/or permit holder to permit activities and modifications that may effectively avoid or correct the interference.

(iv)

Any installation shall aesthetically blend in with structures in the immediate area. The planning director shall determine, during the permit review period, if the installation aesthetically blends in with structures in the surrounding area.

(v)

Installation on decorative lighting shall not exceed the height of banners or interfere with banner movements.

d.

Wireless communications facilities upon existing structures. In addition to the general conditions described in this chapter and any specification contained in the wireless facility guidelines, any wireless communication facility for which an installation permit is requested under this chapter shall meet the following requirements:

1.

The wireless communication facility shall not increase total existing height, including the wireless support structure, by more than ten percent over other public utility poles in the area unless, in the City Engineer's/Planning Director's discretion, an alternative height is accepted depending on the type and structure of the existing facility and the proposed location.

2.

The wireless communication facility shall not impair nighttime visibility in the area that result from light emanating from a utility structure and shall not otherwise interfere with the original purpose of an existing structure.

3.

The wireless facility shall not interfere with light fixtures, banners, holiday decorations, or the pole lighting plug.

4.

Electrical power. Unless otherwise provided in the applicable site license, franchise, or encroachment agreement the acquisition of electrical power shall be the sole responsibility of the applicant.

e.

Attachments to City-owned structures. In addition to the requirements set forth in this chapter and the wireless facility guidelines, the following conditions will apply to a wireless communication facility attached to a City-owned structure:

1.

The City shall require an applicant for a wireless communication facility attachment to a City-owned structure to execute a separate MAA with the City addressing such attachment.

2.

The management of attachments to City-owned structures is governed by the MAA between the City and the applicant. The MAA does not waive any zoning, building code or other public right-of-way management requirements that may also apply.

3.

The City shall require payment of rental fee, permit fee, application fee or other compensation, as set forth in the wireless facility guidelines as well as in the City's fee schedule.

4.

In the event a City-owned wireless support structure is compromised or knocked down, the City and an affected wireless communication facility permit holder will cooperate to reinstall or replace the pole and restore the wireless communication facility. If it is determined the failure occurred due to installing additional weight or due to wind load the lessee shall be responsible for the cost of reinstalling or replacing the support structure. Otherwise, the City and the lessee shall share the cost of reinstalling or replacing the support structure.

5.

Training. At the request of the City, the permit holder shall host on-site training for City maintenance staff. The training will be offered semiannually or as otherwise agreed between the parties. The training shall include occupational safety, personal protection, proximity limits, emergency procedures and contact information.

f.

Replacement of City-owned structures or addition of City-owned structures. In addition to the general conditions described in this chapter and the wireless facility guidelines, the proposed replacement of an existing City-owned structure or placement of a new City-owned structure shall be subject to the following requirements:

1.

The replacement of a City-owned structure or the addition of a new City-owned structure shall be entirely at the reasonable discretion of the City Engineer and, at a minimum, must be able to co-locate at least one additional similar facility.

2.

New standalone poles shall meet the following criteria:

(i)

Align with existing streetlights and street trees as to maintain organization and to keep out of pedestrian ways.

(ii)

Maintain a minimum of ten feet from any above-grade building face, including projecting windows.

(iii)

Not violate applicable local, State and/or Federal laws, including the Americans with Disabilities Act.

(iv)

Maintain a minimum distance of 15 feet from a tree trunk as measured from the outside of the tree.

(v)

Maintain a minimum distance of six feet from existing fire hydrants or from a building's fire connection.

(vi)

Maintain a minimum distance of ten feet from light and safety poles.

(vii)

Maintain a minimum of three feet from bicycle racks and shall not impede the attachment of bicycles.

(viii)

Not be located within the site triangle at intersections.

(ix)

Maintain a minimum distance of 15 feet from driveways as measured from the edge line of the driveway.

3.

Before installing a new structure in the right-of-way or replacing an existing structure, the applicant must demonstrate the following, to the satisfaction of the City Engineer:

(i)

That the facility is not able to be placed on existing infrastructure. The applicant shall provide a map of existing infrastructure in the service area and describe why each such site is not feasible.

(ii)

That City functions for which the original structure was used will be preserved, improved or enhanced, as part of any replacement structure, at the applicant's expense. Replacement of lighting, electrical power, network connectivity, and any other functional purpose of, on or within the original structure shall be done to the satisfaction of the City Engineer.

(iii)

In order to place a new City-owned facility, the applicant must establish, to the satisfaction of the City Engineer, that there are no existing or replacement structures that would provide the necessary capabilities, that the new facility serves a public purpose other than wireless communication, and that placement of the facility outside of the right-of-way on private property would be unduly burdensome.

4.

Ownership. A replacement structure or a new structure under this section shall be dedicated to and owned by the City upon completion, to the satisfaction of the City. Unless otherwise provided in the applicable MAA, site license, franchise, or encroachment agreement, the permit holder shall provide the City a bill of sale, free and clear of all liens and encumbrances.

5.

Unless otherwise provided in the applicable site license, franchise, or encroachment agreement, acquisition and use of electrical power to serve a wireless communication facility on a replacement wireless support structure or facility shall be the sole responsibility of the permit holder.

6.

Stocked poles. To enable prompt replacement in the event of a knockdown or structural compromise, a permit holder shall provide the City with an inventory of completely assembled poles to be kept by the City. The inventory shall consist of, for each type/style of pole, one pole substantially identical to the initial City-owned replacement pole. For each set of five additional replacement poles of any particular type/style, an additional pole of that type/style.

7.

Facilities placed in the right-of-way shall be maintained in accordance with the terms of Sections 62-465 through 62-475 and as provided for in a separate agreement.

8.

An applicant shall be required to enter into such license and other agreements with the City or third parties as the City may require to affect the replacement, consistent with this section.

g.

Equipment.

1.

Equipment other than ground-mounted equipment shall be mounted in one of the following manners, or as prescribed by the City Engineer/Planning Director:

(i)

Equipment shall be mounted in a base shroud of approved design. The base shroud should be coated or painted an approved color to match the pole and installed in a manner that does not impede the use of sidewalks or trails.

(ii)

Equipment shall be mounted directly to the pole a minimum of 12 feet above the existing grade and be coated or painted with an approved color to match the pole.

(iii)

Equipment shall be mounted to the pole in an equipment box a minimum of 12 feet above the existing grade. The equipment box shall be coated or painted an approved color to match the pole. This equipment shall not interfere with the cast of light, use of banner arms.

(iv)

Equipment shall be attached to the wireless support structure in a manner as approved by the City Engineer/Planning Director.

2.

Ground-mounted equipment.

(i)

A permit for a wireless communication facility that involves ground-mounted equipment will be issued if the City Engineer finds the following:

A.

The ground-mounted equipment will not disrupt traffic or pedestrian circulation;

B.

Space exists in the public right-of-way to accommodate the ground-mounted equipment;

C.

The ground-mounted equipment will not create a safety hazard;

D.

The location of the ground-mounted equipment minimizes impacts on adjacent property;

E.

In any historical area, that the ground-mounted equipment not detrimentally affect the historical nature of the area, to the satisfaction of the City Engineer;

F.

That no reasonable alternative exists that is more favorable to adjacent property owners and to effective use and management of the public right-of-way; and

G.

The ground-mounted equipment will not adversely impact the health, safety or welfare of the community.

H.

All ground-mounted equipment shall, to the extent feasible, be located either underground, incorporated into street furniture, or concealed in the base of the pole.

I.

Ground-mounted equipment, either located in historic areas or located within 300 feet or one block of historic areas, shall comply with any special requirements applicable to such areas, and may be subject to additional City review.

(ii)

Underground equipment. The City Engineer may require, at the Engineer's discretion, that utilities be placed underground, and may prohibit the installation of ground-mounted equipment unless technically infeasible or otherwise cost prohibitive.

3.

Any excavation required for installation of ground-mounted or underground equipment shall be performed in accordance with all requirements of this Code.

h.

Attachment to City-owned buildings. The City may permit the attachment of a facility to a City-owned building upon the recommendation of the City Engineer/Planning Director and the approval of a lease by the Board of City Commissioners. An installation permit shall be required for such installations.

i.

General indemnification. In addition to and distinct from any insurance requirements required by the City of the applicant, each applicant hereby agrees to defend, indemnify and hold harmless the City and its officers, officials, boards, commissions, employees, agents and representatives from and against any and all damages, losses, claims and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the acts, omissions, failure to act or misconduct of the applicant or its affiliates in the construction, installation, operation, maintenance, repair, removal or replacement of the small cell facility. This section shall not require the applicant to indemnify or hold harmless the City for any losses, claims, damages, and expenses arising out of or resulting from the negligence or willful misconduct of the City.

(Code 1993, § 39.06.012; Ord. No. 1610, § 5; Ord. No. 1726, § 1)

(a)

Accessory dwelling units in residential zoning districts.

(1)

An accessory dwelling unit shall be permitted in the agricultural zoning district and in the RR, R2, R3, and MH residential zoning districts. An accessory dwelling unit is permitted in the rural residential zoning district if the lot size is two acres or more. Accessory dwelling units are not allowed in mobile home parks.

(2)

No accessory dwelling unit shall be created, established, or occupied in a single-family dwelling unless the owner of the property occupies either a portion of the main dwelling or a detached accessory unit on the same single-family lot. For the purpose of this section, the term "owner occupied" shall be defined as full-time residency within the home by the bona fide property owner as shown on the County tax assessment rolls.

(3)

A maximum of one accessory dwelling unit shall be allowed in each owner occupied single-family dwelling, or attached to a primary dwelling unit, or in a detached accessory unit associated with a single-family dwelling.

(4)

Accessory dwelling units may be located within the main residential dwelling or in a detached accessory unit. Accessory dwelling units may be attached to either a main residential dwelling or to a detached accessory structure associated with the primary dwelling unit.

(5)

Each accessory dwelling unit shall comply with the area regulations for the zoning district in which it is located. In addition, accessory dwelling units shall comply with the following requirements. Any deviation from these regulations will require a variance as part of the special use permit.

a.

The minimum building area of an accessory dwelling unit shall be 400 square feet.

b.

An accessory dwelling unit building area shall not exceed 900 square feet.

c.

Detached accessory dwelling units shall not be located in the front yard.

d.

Lot coverage shall not exceed the maximum lot coverage allowed in the underlying zoning district. A detached accessory dwelling unit shall not cover more than ten percent of the lot area.

e.

A detached accessory dwelling unit shall be smaller than the footprint of the primary dwelling unit. The footprint of the primary dwelling unit does not include an attached garage.

(6)

The number of occupants of an accessory dwelling unit shall be limited to two persons.

(7)

The principal dwelling unit and the accessory dwelling unit shall have different 911 address numbers.

(8)

A single-family dwelling with an accessory dwelling unit shall provide at least two off-street parking spaces for the main dwelling unit, and one off-street parking spaces for the accessory unit, for a minimum total of three off-street parking spaces. All parking shall comply with City ordinances and regulations.

(9)

An accessory dwelling unit must provide living areas for cooking, sleeping and sanitation facilities separate from the principal dwelling unit.

(10)

All new construction and remodeling shall comply with all City ordinances, regulations, and requirements in effect at the time of construction or remodeling.

(11)

The application shall include documentation that adequate potable water, sanitary sewer and sanitation services are available to served the accessory dwelling unit.

(12)

The accessory dwelling unit shall not be sold or detached by deed or by condo plat. The accessory dwelling unit shall not be used for short-term rental. The minimum term for rental shall be 28 days.

(13)

Detached accessory dwelling units shall have a residential appearance that matches the primary residence.

(b)

Accessory dwelling units in commercial zoning districts. Within the LC, CC and GC zones (but specifically not within LI or GI zones), attached accessory dwelling units are permitted by special exception, subject to the following criteria:

(1)

All accessory dwelling unit permits shall be administratively reviewed and approved, if meeting all permit criteria, by the Planning Department on a designated application provided by the Planning Department. Said application shall depict, at a minimum, property owner names, site address, square foot of existing or proposed principal building and accessory dwelling unit, construction type and any additional information deemed necessary by the Planning and Zoning Director. A record of all accessory dwelling units shall be stored at the Planning Department.

(2)

If the accessory dwelling unit is an apartment within the structure housing the principal building on the lot, the accessory dwelling unit must be located within the building and not detached.

(3)

The accessory dwelling unit shall share the same sewage disposal and water supply systems as the principal dwelling unit.

(4)

Upon proper construction of an accessory dwelling unit, the Building Officer shall issue a temporary certificate of use and occupancy. Such temporary certificate of use and occupancy shall be renewed every 12 months until such time as the accessory dwelling unit is required to be removed. A fee, in the amount to be set by City, shall be paid by the landowner upon each renewal of the temporary certificate of use and occupancy on or before January 30 of each year.

(5)

A minimum of two off-street parking spaces shall be provided for the accessory dwelling unit in addition to the off-street parking spaces required for the principal building.

(6)

The landowner shall submit documentation on how the accessory dwelling unit will be incorporated into the floor plan of the principal dwelling unit once the accessory use is abandoned, or otherwise document how the accessory dwelling unit will be removed from the building.

(7)

The accessory dwelling unit shall be removed or modified so that it cannot function as a separate dwelling unit within two months after it is no longer occupied by a person who qualifies for the use, and the landowner shall provide a statement of intended future use to the Planning Director or designee that conforms with this chapter.

(8)

The accessory dwelling unit shall be occupied by a maximum of two people.

(9)

The accessory dwelling unit shall comply with the minimum space and habitable living area requirements of any applicable housing, building and fire codes.

(10)

The accessory dwelling unit shall be limited to no more than one direct access into the dwelling unit from the exterior of the building.

(11)

The square footage of the accessory dwelling unit shall be a minimum of 300 square feet and a maximum of 700 square feet, excluding any garage area; provided the square footage of the accessory dwelling unit shall not exceed 40 percent of the total square footage of the principle building, excluding the garage area, as it exists or as it may be modified.

(Code 1993, § 39.06.010; Ord. No. 1524, § 1; Ord. No. 1706, § 4)

Any person or firm requesting a zoning classification or a zoning reclassification other than for an "AG" (Agriculture) Zoning District must file and record an approved subdivision plat of the subject parcel with the County Recorder's Office if all or a portion thereof has not been previously platted. The subdivision plat must have final approval prior to or concurrent with the final approval of the proposed zoning change. All plats must be in conformance with Chapter 52, pertaining to subdivisions. This provision does not exempt other required plats under Chapter 52.

(Code 1993, § 39.06.011; Ord. No. 1562, § 2)

(a)

The term "pet day care" means a short-term care facility for pets allowed within City limits under the City Code. A pet day care shall not provide overnight boarding or other kennel activities. Pet day cares may operate between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. A pet day care may not be permitted within 600 feet of another pet day care, or within 300 feet of the following uses allowed either conditionally or as permitted uses within the R-1 District: retirement homes, nursing homes, long-term care facilities, group day care, golf courses, group home, churches, park and recreation improvements, and primary education institutions. The applicant shall submit a neighborhood disruption mitigation plan that reflects concerns raised by the adjacent neighbors during a preapplication visit. The applicant shall address the concerns in the mitigation plan, but shall not be required to obtain approval of any adjacent neighbor prior to applying for the special use permit. A special use permit for a pet day care may only be applied for in the designated residential districts where the operation shall be run out of a single family detached home.

(b)

Pet day care. When permitted by special use permit in the RR, R-1, R-2, and R-3 districts, or as a permitted use in other zoning jurisdictions as set forth in Table 62-162-2 of Section 62-162, pet day cares shall be subject to the following additional requirements:

(1)

Buildings shall be of adequate structure and maintained in good repair so as to ensure protection of pets from injury and to prevent departure of pets from a designated structure.

(2)

Shelter shall be provided to allow access to shade from direct sunlight and regress from exposure to rain or snow. Accommodation shall provide safe harbor when the atmospheric temperature is below 50 degrees Fahrenheit or below that temperature to which the particular pets are acclimated. Indoor facilities shall be provided for all pets.

(3)

Indoor and outdoor facilities shall at all times be provided with ventilation by means of doors, windows, vents, air conditioning or direct flow of fresh air that is adequate to provide for the good health of the pets and the prevention of offensive odor, mold, or disease. Such ventilation shall be environmentally provided to minimize drafts, moisture condensation, odors or stagnant vapors of excreta.

(4)

Ample lighting shall be provided by natural or artificial means or both during sunrise to sunset hours to allow efficient cleaning of the facilities and routine inspection of the facilities and pets contained therein.

(5)

Ceilings, walls, floors, furniture, and play equipment shall be constructed to lend themselves to efficient cleaning and sanitizing. Such surfaces shall be kept in good repair and maintained so that they are substantially impervious to moisture. Floors and walls to a height of four feet shall have finished surfaces. Upholstered furniture or carpeting shall not be permitted in that portion of the facility to which pets have access.

(6)

Food supplies and bedding materials shall be stored to adequately protect them from contamination or infestation by vermin or other factors that would render the food or bedding contaminated or diseased, or otherwise attract vermin or other nuisance to the site. Separate storage facilities shall be maintained for cleaning and sanitizing equipment and supplies.

(7)

Washrooms, basins or sinks shall be provided within or be readily accessible to each facility for maintaining cleanliness among animal caretakers and sanitizing of food and water utensils.

(8)

Equipment shall be available for removal and disposal of all waste materials from the building to minimize vermin infestation, odors and disease hazards. Drainage systems shall be functional to achieve the above purposes.

(9)

Facilities shall be provided to isolate any pet that becomes sick or injured to prevent the spread of disease or illness.

(10)

Outdoor pet runs and exercise areas shall be of sound construction and kept in good repair so as to safely contain the pets therein without injury or risk of escape. Floors shall be concrete, gravel or materials which can be regularly cleaned and kept free of waste accumulation. Grass runs and exercise areas are permissible provided adequate ground cover is maintained, holes are kept filled, ground cover is watered sufficiently to dilute and clean the cover to avoid disease, solid waste is removed prior to watering, and the ground cover is not allowed to become overgrown.

(11)

Any portion of the premises where pets are permitted outdoors shall have a fence of the maximum height allowed by the City Code. Such fence shall be maintained in good condition so as to mitigate the visual and audial effects of the operation, and to properly contain any pets permitted in that area. The permit holder may not use an existing fence if it is owned by the adjacent property owner.

(12)

The proprietor shall maintain current vaccination records on each pet permitted at the facility to ensure public safety.

(13)

The proprietor shall obtain and maintain insurance specific to the risks associated with operating a pet day care, which shall include, but not be limited to, coverage protecting the general public in the event of animal bites and property damage caused by loose or escaped animals.

(14)

Group interaction is permitted for pets that are compatible with one another. Thee permit holder shall not permit play which creates a hazard to the public or a nuisance such as noise.

(15)

The play area for pets shall provide for a minimum of 75 square feet per pet, provided that the maximum number of pets allowed at any one facility shall be ten, including animals owned by the permit holder. The permit issued by the City shall be displayed prominently at the site, and shall contain the calculation of the Planning Department as to the authorized number of animals.

(16)

The permit holder shall appear annually before the Planning Commission for renewal of the permit. The Planning Department may require an annual site inspection prior to renewal.

(17)

Any permit issued under this section shall be non-transferrable as to the permit holder and/or the premises to be permitted. A permit holder may not relocate their operation using the same permit. A permit approved at a particular location may not be transferred to a new individual or business.

(18)

Complaints regarding dog bites, nuisance animals, or excess noise shall be investigated by the Police Department.

(19)

Complaints regarding any zoning violation or any other condition of the permit shall be investigated by the Planning Department.

(20)

In the event a complaint is made, regardless of which department investigates, the Planning Department may conduct a site visit to determine whether the permit holder is in compliance with the terms of the Permit. The Planning Director may require the permit holder to appear before the Planning Commission to address the complaint.

(21)

In the event two complaints of any nature against the permit holder are substantiated and validated through a hearing before the Planning Commission within a rolling 12-month period, the Planning Commission shall revoke the special use permit. Upon revocation, the permit holder shall cease operations within 30 days, or appeal the decision to the Board of City Commissioners. Failure to appeal within 30 days of the decision of the Planning Commission shall constitute forfeiture of all rights of appeal, and the decision of the Planning Commission shall become final. If the permit holder appeals to the Board of City Commissioners, the applicant may continue its operations until a decision has been rendered by the Board of City Commissioners. If the Board of City Commissioners affirms the decision of the Planning Commission, the permit holder shall have 15 days from the date of the decision of the Board of City Commissioners to cease operations.

(Code 1993, § 39.03.019)

(a)

Definitions. Unless otherwise indicated, all terms in this article shall have the meaning set forth in N.D.C.C. Ch. 19-24.1, or as otherwise defined and promulgated by the State Department of Health and Human Services through administrative rule:

(1)

Medical marijuana manufacturing facility: shall meet the definition of a manufacturing facility under N.D.C.C. Ch. 19-24.1 and be an entity registered and authorized by the State Department of Health and Human Services to produce, process, and sell usable marijuana to a dispensary.

(2)

Medical marijuana dispensary: shall meet the definition of a dispensary under N.D.C.C. Ch. 19-24.1 and be an entity registered and authorized by the State Department of Health and Human Services to sell usable marijuana.

(b)

Special use permit required.

(1)

When permitted by a special use permit in the AG, GI, LI, and GC Districts, a medical marijuana manufacturing facility shall be subject to the additional requirements set forth in Subsection (c) of this section.

(2)

When permitted by a special use permit in the LI, GC, CC, DC, and PUD Districts, a medical marijuana dispensary shall be subject to the additional requirements set forth in Subsection (c) of this section.

(c)

Additional requirements. In addition to the requirements set forth in N.D.C.C. Ch. 19-24.1, or as otherwise defined and promulgated by the State Department of Health and Human Services through administrative rule, a medical marijuana manufacturing facility or dispensary must meet the following additional requirements:

(1)

Medical marijuana manufacturing facility.

a.

Must comply with all applicable State laws, including, but not limited to, N.D.C.C. Ch. 19-24.1.

b.

Any boundary line of the property on which the facility is located must be located a minimum distance 1,000 feet from the property boundary of a lot or tract upon which a facility of any of the following types is located:

1.

A public or private elementary and secondary school;

2.

A multidistrict special education unit;

3.

An area career and technology center; or

4.

An institution of higher learning.

c.

Waste generated from the growing, processing, or dispensing, of marijuana that contains any element derived from the marijuana plant must be stored in a secured waste receptacle that is only accessible by agents of the marijuana manufacturing center and agents of the contracting waste collection company.

d.

The facility must be equipped with an air filtration system such that any odor resulting from the growing or processing of marijuana does not unreasonably interfere with the surrounding landowners use and enjoyment of their property.

(2)

Medical marijuana dispensary.

a.

Must comply with all applicable State laws, including, but not limited to, N.D.C.C. Ch. 19-24.1.

b.

Any boundary line of the property on which the facility is located must be located a minimum distance 1,000 feet from the property boundary of a lot or tract upon which a facility of any of the following types is located:

1.

A public, private, or parochial elementary and secondary school;

2.

A multidistrict special education unit;

3.

An area career and technology center; or

4.

An institution of higher learning.

c.

Waste generated from the dispensing, of marijuana that contains any element derived from the marijuana plant must be stored in a secured waste receptacle that is only accessible by agents of the marijuana manufacturing center and agents of the contracting waste collection company.

d.

Facility must be equipped with an air filtration system such that any odor resulting from the storage or dispensing of marijuana does not unreasonably interfere with the surrounding landowners use and enjoyment of their property.

e.

Dispensaries shall cease operations between the hours of 1:00 a.m. and 7:00 a.m.

(d)

Permit non-transferable. Any permit issued under this section shall be non-transferrable as to the permit holder and/or the premises to be permitted. A permit holder may not relocate their operation using the same permit. A permit approved at a particular location may not be transferred to a new individual or business.

(e)

Renewal. The permit holder shall appear annually before the Planning Commission for renewal of the permit. The Planning Department may require additional information or an annual site inspection coordinated with the State Department of Health and Human Services prior to renewal.

(f)

Loss of registration by State Department of Health and Human Services. A special use permit issued pursuant to the authority granted under this section is granted contingent on the permit holder maintaining its registration by the State Department of Health and Human Services to perform the activities authorized by that registration. The City may seek to revoke any special use permit granted under this section upon notification of that the permit holder has lost the registration status granted by the State Department of Health and Human Services.

(Code 1993, § 39.03.020; Ord. No. 1657, § 1)

(a)

Any building or structure used or intended to be used for the interment of cremated human remains.

(1)

Indoor and outdoor columbaria may be included in a cemetery when operated in conjunction with and within the boundaries of such cemetery.

(2)

Indoor and outdoor columbaria may be allowed in conjunction with a religious assembly through the approval of a special use permit by the Board of City Commissioners.

(3)

Outdoor columbaria may be allowed in conjunction with a funeral service through the approval of a special use permit by the Board of City Commissioners.

(b)

Columbaria may be established subject to the following requirements set forth below:

(1)

Outdoor columbaria structures shall meet the setback and yard requirements of R-3 Districts.

(2)

Outdoor columbaria shall be no more than eight feet in height as measured from the average grade elevation where the columbarium meets the grade.

(3)

The columbarium structure shall be consistent in material and design.

(4)

Signage shall be limited to inscriptions on the face of a columbarium niche or commemorative plaque on the columbarium structure. Commemorative plaques may be no larger than 12 inches by 12 inches.

(5)

Left objects, such as flowers and mementos, are permitted, but must be monitored by the governing body of the columbarium association and removed within seven days of placement. The regularity of said removal can be defined in the Plan of perpetual care and maintenance for the columbarium.

(6)

An outdoor columbarium may not be permitted within 300 feet of a cocktail lounge or a liquor store.

(c)

A bond to cover the cost of moving either an indoor or outdoor columbarium, at some time in the future, shall be posted by the applicant as part of the entitlement process.

(Code 1993, § 39.03.022; Ord. No. 1742, § 3)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Crew housing facilities means one or more lodging units or skid units, ordinarily designed for human living quarters or a place of business, on a temporary or permanent basis, which are not real property, as defined in N.D.C.C. § 57-02-04, and are not mobile homes, as defined in N.D.C.C. § 57-55-01. A group of crew housing facilities that are connected physically or by common ownership may be treated as a single crew housing facility for the purposes of imposition of crew housing permit fees imposed under this division.

Crew housing permit means a right granted by a City or County to locate crew housing facilities on property within the jurisdiction of the City or County under this division and to enjoy attendant services and facilities provided by the City or County.

Skid unit means a structure or group of structures, either single or multi-sectional, which is not built on a permanent chassis and is ordinarily designed for human living quarters or a place of business, on a temporary or permanent basis.

(Code 1993, § 39.13.001; Ord. No. 1419, § 1)

(a)

Any person desiring to operate a crew housing facility shall first apply for a special use permit, as provided herein. Upon receipt of the completed application, the Board of City Commissioners shall have the obligation to:

(1)

Judge whether the person applying for the permit, and any owner, operator, or vendor associated with the applicant, is experienced and able to operate a crew camp in the best interests of the City and its citizens; and

(2)

Judge whether the physical location and land sought to be used for a crew housing facility is appropriate for the use intended.

(b)

Any crew housing facility shall require a special use permit, and shall not be allowed in any zoning designation within the City or its extraterritorial zoning jurisdiction without such special use permit. Such special use permit shall be valid for a maximum period of five years from the date of final approval by the Board of City Commissioners. Any person granted a special use permit for a crew housing facility shall have the option to apply for an extension of the special use permit for an additional five-year period. Any extension of the special use permit shall be at the sole discretion of the Board of City Commissioners.

(Code 1993, § 39.13.002; Ord. No. 1419, § 2)

The City shall impose an annual crew housing permit fee, the amount of which shall be determined on the basis of the value of services and facilities provided to the crew housing facility by the City or County, or both, and incorporated into the City's fee schedule.

(Code 1993, § 39.13.003; Ord. No. 1419, § 3)

All crew housing facilities permitted under this article shall meet the following minimum design standards:

(1)

Provide all ordinary urban services, to include municipal water, municipal wastewater, and urban roads.

(2)

Annexation of all real property containing the crew housing facility into the City limits.

(3)

Provide adequate parking for any and all crew housing facility residents.

(4)

Provide for adequate fire suppression.

(5)

Provide for adequate access to emergency vehicles.

(6)

Provide for adequate security of the crew camp facility.

(7)

Meet all design standards required by any Building Code, fire code, subdivision code, or zoning code adopted by the City.

(8)

The Board of City Commissioners may further require a minimum lot size or minimum acreage for the crew housing facility.

(9)

The Board of City Commissioners may further require the land on which the crew housing facility is located to be platted as a subdivision.

(10)

The Board of City Commissioners may further require any condition or restriction that in the judgment of the Board is reasonable and necessary for the crew housing facility.

(Code 1993, § 39.13.004; Ord. No. 1419, § 4)

The application for a special use permit for crew housing facility shall be signed by the owner of the crew housing facility, as well as by the owner of the land on which the crew housing facility is to be located. The application shall include the following information:

(1)

A complete statement of the type of business contemplated.

(2)

Consent to a background investigation of the owner of the crew housing facility.

(3)

Identify any vendors who are expected to provide services at the crew housing facility.

(4)

The applicant's history of residency, employment, and business ownership for five years prior to the date of the application. If the applicant is a partnership, this information shall be furnished for all the partners; and, if a corporation, whether such corporation is a subsidiary of any corporation, and, if so, the name of the parent corporation, the purposes for which the corporation was incorporated and the names and addresses of all officers, directors and managing agents and the names and addresses of all stockholders holding more than five percent of the capital stock of such corporation.

(5)

Whether the applicant has ever engaged in the business of owning or operating a crew housing facility before; and, if so, the dates and locations of such ownership or operation.

(6)

Whether during the five years preceding the date of the application, the applicant has ever been convicted of a violation of any law of the United States or of any state; and, if so, the dates, names of places and courts in which such convictions were obtained.

(7)

Whether the applicant has any agreement, understanding or intention to have any agreement or understanding with any person to obtain for any other person or to transfer to any other person the license obtained or to use the license for any other purpose other than the specific use of the applicant; and, if so, the names and addresses of such persons and the conditions of such agreements.

(8)

A description of the temporary housing units.

(9)

A description of how the proposed units are to be set and/or anchored to the ground.

(10)

A statement that roads to be constructed within the facility will meet City specifications.

(11)

A copy of the applicant's deed and/or lease to the real property on which the crew housing facility would be located.

(12)

A copy of plot plans, drawn to scale, showing the location of housing units, additional structures, setbacks, utilities, drainage, parking, ingress, egress, screens, buffers, and fencing.

(13)

A copy of the facility's house rules and regulations.

(14)

A copy of the facility's on-site security plan.

(15)

A copy of the facility's on-site emergency management plan, to include contingencies for fire, tornado, and other natural disasters.

(16)

Any additional information deemed necessary by the City Planner, City Engineer, Planning Commission, or Board of City Commissioners.

(Code 1993, § 39.13.005; Ord. No. 1419, § 5)

Any application for a special use permit as provided under this article shall be denied to any applicant who, in the discretion of the Board of City Commissioners, is a person of questionable character or for any other cause which would, in the opinion of the Board, render either the applicant or the premises to be licensed, improper or unfit for a crew housing facility, or which would, in the Board's judgment, make the granting of the permit contrary to the best interests of the City and its citizens. In granting any special use permit under this division, the Board of City Commissioners shall have the authority to limit the number of living units or total number of persons to be housed in such units within the crew housing facility. The Board of City Commissioners shall further have the authority to limit the total acreage or land area that may be used for the crew housing facility.

(Code 1993, § 39.13.006; Ord. No. 1419, § 6)

The Board of City Commissioners may review the status of any permit issued pursuant to this article, and take appropriate action to suspend or revoke the same, as provided herein:

(1)

Suspension and revocation for cause. Any permit issued pursuant to this article may be revoked or suspended for cause by the Board of City Commissioners for cause, which cause may include, among other grounds, the following:

a.

When the applicant is adjudged bankrupt.

b.

When the applicant has made any false statement or statements in an application for the issuance of such permit.

c.

When the applicant, in the case of a corporation or other entity, manager of a licensee has been convicted of a violation of any felony crime under the laws of the United States or of any state.

d.

When the business of the applicant at the location permitted has been conducted in violation of the health or sanitary regulations of the City or of the State.

e.

When in the judgment of the Board of City Commissioners, the applicant has conducted business or permitted business to be conducted in a disorderly manner or in a manner that is dangerous or detrimental to the public welfare and morals.

f.

When the applicant or an agent or employee of the applicant violates any term or condition of the permit or any provision of this article.

(2)

Notice, public hearing.

a.

Sanctions or penalties under this section may not be invoked without a public hearing if requested by the applicant. Upon written notification to the applicant by the City Administrator that a penalty is being sought under this section, the applicant may notify the City Administrator's office within ten days of the date of such written notification and request a hearing on the proposed penalty. Failure to notify the City Administrator within ten days of the date of such written notification will be deemed acceptance of the penalty without hearing.

b.

A hearing shall be set before the Board of City Commissioners specifying the time and place of the hearing, and shall be mailed to the applicant. A record of any hearing shall be made by electronic recording device.

c.

If, upon such hearing, it appears to a majority of the Board of City Commissioners that sufficient cause exists for the penalty sanctions, the Board of City Commissioners shall make its order in accordance with the provisions of this article. The Board of City Commissioners shall further issue its findings, conclusions and order which shall be mailed to the applicant.

(3)

No refunds on revocation or suspension. When any permit is revoked or suspended for any reason, no portion of the permit fee shall be returned to the applicant.

(Code 1993, § 39.13.007; Ord. No. 1419, § 7)

Recreational vehicles, campers, and mobile homes are prohibited units within a crew housing facility.

(Code 1993, § 39.13.008; Ord. No. 1419, § 8)

No animals are allowed on the premises of a crew housing facility. No parking shall be allowed between units. The site is to be maintained free of garbage and junk. The operator of the crew housing facility shall be responsible for establishing and enforcing any restrictions related to possession or use of alcohol on the crew housing facility premises.

(Code 1993, § 39.13.009; Ord. No. 1419, § 9)

Prior to the start of any construction on the crew housing facility, or any occupancy thereof, the applicant shall post with the City a valid reclamation bond in an amount to be determined by the City Engineer based upon the Engineer's estimate of the costs to return the property to its original condition, permanent improvements excepted, following termination of the use of the property for a crew housing facility.

(Code 1993, § 39.13.010; Ord. No. 1419, § 10)

The Board of City Commissioners may attach any conditions or reporting requirements to the grant of the special use permit that it deems necessary and prudent.

(Code 1993, § 39.13.011; Ord. No. 1419, § 1)