The purpose of this chapter is to create a zone which allows for limited commercial office businesses that are compatible with single- and two-family dwellings. (Ord. 19-07, 9-3-2019)

If a use is not specifically designated then it is prohibited.

 

(Ord. 19-07, 9-3-2019; amd. Ord. 21-20, 1-4-2021)

 

 

   A.   Erection Of More Than One Principal Structure On The Lot: More than one structure housing a permitted principal use may be erected on a single lot; provided, that yard setbacks and other requirements of this title shall be met for each structure.

   B.   Structure To Have Access: All structures shall be on a lot adjacent to a public street or with access to an approved private street, and shall be so located on lots as to provide safe and convenient access for fire protection.

   C.   Farm Animals And Livestock: Livestock, fowl and other animals (excluding household pets) that may, where permitted, be kept, bred and maintained with the following restrictions:

      1.   Livestock: One animal for every five thousand (5,000) square feet of property (excluding occupied structures). One horse, cow, pig, llama, goat or five (5) sheep. Unaltered male goats are not allowed other than on a temporary basis for breeding purposes. The offspring of livestock may be kept without consideration of the space limitations until the animal is weaned or not to exceed six (6) months.

      2.   Other Farm Animals: For each five thousand (5,000) square feet of property (excluding occupied structures) five (5) rabbits or fowl or other similar small animals may be kept. One hundred (100) rabbits or fowl may be kept in an enclosed structure with a roof and walls on all sides. The offspring kept in the enclosed structure shall not exceed two hundred (200) and may be kept for a period of six (6) months. One enclosed structure may be kept for every five thousand (5,000) square feet of property (excluding occupied structures).

      3.   Animals Stabled Or Housed In Enclosed Areas: Any building, structure or corral in which livestock is kept must be at least fifty feet (50') from any street, dwelling or sidewalk. This restriction does not include open pasturing on a temporary or seasonal basis.

(Ord. 19-07, 9-3-2019; amd. Ord. 23-09, 6-6-2023)

The operation of any use permitted in this district is subject to the following standards of performance:

   A.   Nuisances Or Disturbances: All uses must be operated so that all practical means are used to confine any noise, odor, dust, smoke, vibration or other similar feature to the premises upon which they are located.

   B.   Lighting: Any light used to illuminate signs, parking areas, or for any other purpose shall be so arranged as to confine direct light beams to the lighted property by appropriate directional hooding. (Ord. 19-07, 9-3-2019)

Parking standards in chapter 14, "Parking Standards", of this title, also apply to the following on site parking requirements:

 

(Ord. 19-07, 9-3-2019; amd. Ord. 21-20, 1-4-2021)

The City shall not issue a conditional use permit unless the Planning and Zoning Administrator, in the case of an administrative conditional use, or the Planning Commission, for all other conditional uses, concludes that the application fully mitigates all identified adverse impacts and complies with the following general standards applicable to all conditional uses, as well as the specific standards for the use:

   A.   General Review Criteria: An applicant for a conditional use in the zone must demonstrate:

      1.   Compliance: The application complies with all applicable provisions of this title, and State and Federal law;

      2.   Structure Compatibility: The structures associated with the use are compatible with surrounding structures in terms of use, scale, density and circulation;

      3.   Use Not Detrimental: The use is not detrimental to the public health, safety and welfare;

      4.   Consistent With General Plan: The use is consistent with the City General Plan, as amended;

      5.   Traffic: Traffic conditions are not adversely affected by the proposed use, including the existence or need for dedicated turn lanes, pedestrian access and capacity of the existing streets;

      6.   Utility Capacity: There is sufficient utility capacity;

      7.   Emergency Vehicle Access: There is sufficient emergency vehicle access;

      8.   Off Street Parking: The location and design of off street parking are in compliance with off street parking standards;

      9.   Fencing, Screening, Landscaping: A plan for fencing, screening and landscaping to separate the use from adjoining uses and mitigate the potential for conflict in uses;

      10.   Exterior Lighting: That exterior lighting complies with the lighting standards of the zone;

      11.   Flood Control: That within and adjoining the site, impacts on the aquifer, slope retention and flood potential have been fully mitigated and is appropriate to the topography of the site.

   B.   Specific Review Criteria For Certain Conditional Uses: In addition to the foregoing, the Planning Commission or Planning and Zoning Administrator, as the case may be, must evaluate the applicant's compliance with each of the following criteria when considering whether to approve, deny or condition an application for each of the following conditional uses or administrative conditional uses:

      1.   Childcare Facility/Center:

         a.   Compliance Requirements: Each application for a childcare facility or center must include and comply with:

            (1)   Proof of application for State childcare license;

            (2)   Compliance with State, Federal and local law;

            (3)   A design that does not include a front yard playground;

            (4)   A parking and traffic plan that adequately mitigates the adverse impacts of increased traffic in the neighborhood.

         b.   Number Permitted: Childcare providers operating as a childcare center in their own dwelling may not exceed sixteen (16) children at any given time, including the provider's own children twelve (12) years of age or younger.

         c.   Infants: Childcare providers operating as a childcare center in their own dwelling may not provide services for more than two (2) infants.

      2.   Intermittent Commercial Uses: The occasional use of dwellings, community buildings, private clubs, lodges, social or recreational establishments and/or their accessory buildings for commercial purposes may be allowed upon receiving an administrative conditional use permit and provided that there is compliance with the provisions of this subsection. The following standards shall apply to all intermittent commercial uses in addition to any conditions the Planning and Zoning Administrator deems necessary and desirable to protect the public health, safety and general welfare:

         a.   Displays: The display and sales of merchandise should be contained primarily within a building;

         b.   Setback, Clear Vision, Code Compliance: The building proposed for the intermittent commercial use must comply with setback and clear vision area requirements of this title and with applicable Building and Fire Codes;

         c.   Business License Required: A business license from the City is required to conduct an intermittent commercial use;

         d.   Parking: Adequate parking is provided to serve the commercial use that does not create a parking shortage for other existing uses on site;

         e.   Nuisances Or Disturbances: The use does not cause noise, light or glare which adversely impacts surrounding uses.

      3.   Home Occupation: Each application for a business license for a home occupation shall include the owner's agreement that the proposed use:

         a.   Outdoor Storage; Vehicle Parking: Shall not include outdoor storage, outdoor display of merchandise, nor parking/storage of any vehicle in excess of twelve thousand (12,000) pounds' gross vehicle weight;

         b.   Signage: Shall not include identifying signage in excess of a six (6) square foot nameplate, attached to the dwelling;

         c.   Employees: Is limited to the on site employment of immediate family members who occupy the dwelling (this criteria is not intended to limit the number of employees who are engaged in business for the home occupation but work off premises);

         d.   Residential Character Maintained: Shall not alter the residential character or appearance of the dwelling or neighborhood;

         e.   Occupancy Limitation: Shall not occupy more than twenty five percent (25%) of the main floor of the dwelling, nor more than fifty percent (50%) of the floor area of any garage or outbuilding in which the use is conducted;

         f.   Traffic: Shall not generate business related vehicular traffic in excess of three (3) vehicles per hour;

         g.   Demand For Services: Shall not cause a demand for Municipal services in excess of that associated with normal residential use;

         h.   Enclosed Within Structure: Shall be enclosed within a structure in complete conformity with International Building Codes as adopted by City; and

         i.   Prohibited Uses: Is not a mortuary, animal hospital, kennel, clinic, hospital, RV service, junkyard, auto repair service, public stable or sexually oriented business.

      4.   Storage Land Sea Containers As A Temporary Use: Storage containers greater than one hundred twenty (120) square feet, but less than three hundred (300) square feet, are allowed during the construction phase of a project. This use shall be allowed when a building permit for new construction or alteration is approved. This use is of a temporary nature and includes the following standards:

         a.   Number Permitted: No more than two (2) containers on any one property;

         b.   Occupancy Permit Required: Building permit for the construction project requires an occupancy permit. The occupancy permit shall be withheld until the containers are removed;

         c.   Removal: The containers shall be removed within ten (10) days of completion of the project. Failure to remove the containers may result in termination of utility services. (Ord. 19-07, 9-3-2019; amd. Ord. 24-05, - -2024)

If a sign type is not specifically designated below, then it is prohibited.

 

Note: Continuous illumination of signs is prohibited in this zone.

(Ord. 19-07, 9-3-2019)