The purpose of this chapter is to identify specific regulations that are required to be met in order for the specific use to be a permitted use in the specific zones where the use is allowed. Compliance with the specific use regulation is in addition to compliance with the general land use regulations governing the zone where the land use is proposed or exists.
HISTORY Repealed & Reenacted by Ord. 400 on 9/9/2008
11.14.020 Special Use Regulations
Sexually Oriented business
No sexually oriented business shall be located within five hundred feet (500') from any educational facility, public park, places of worship, residential zone, or other sexually oriented business.
Distance requirements between structures and uses specified shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest property boundary of the educational facility, park, places of worship, residential zone, or other sexually oriented business to the closest property line of the use.
All parking spaces or parking lots for sexually oriented businesses shall be located on the same lot with the main building and at a location on the site in front of the building and visible from a public street.
Building entrances for customers or patrons shall face the public street.
Notwithstanding anything in the city's sign regulations, the more restrictive standards for signs imposed herein shall prevail. Signs for sexually oriented businesses and other devices designed to draw attention to the business shall be limited as follows:
No more than one wall mounted sign shall be allowed on any sexually oriented business premises and it shall not exceed eighteen (18) square feet in size.
No animation shall be permitted on or around any sexually oriented business sign, or on the exterior walls or roof of the premises.
No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sexually oriented business sign, which shall contain alphanumeric copy only.
No painted signs or painted wall advertising shall be allowed, including any signage or advertising painted on the inside of any window or other translucent material which is visible from the outside of the building.
The building and the premises of the sexually oriented business shall be kept free of any temporary signs or banners,
The premises of the sexually oriented business shall be kept free of vehicles or trailers displaying signage that identifies the name of the business, displays, descriptive art, or designs depicting any activity related to, or inferring the nature of the sexually oriented business, or otherwise draws attention to the business or the business location; provided that signage on the driver door or front passenger door of a business vehicle shall not be prohibited.
No searchlights or other outdoor activities or promotional events that draw attention to the business or the business location shall be allowed on the premises.
Outdoor lighting shall be designed to direct all light toward the ground and all light poles shall be restricted to a height of twenty feet (20'). This provision is not intended to restrict the seasonal use of nonflashing, miniature lighting on trees or shrubs.
No outdoor music or use of a "sound amplification device" shall be used to draw attention to the business or business location.
Hours of operation limited to 11 a.m. to 11 p.m. Sunday through Thursday and 11 a.m. to midnight on Friday and Saturday.
Nursing home and assisted living The lot area shall be used to determine the number of individuals allowed in a nursing home or assisted living. A minimum lot area of 7500 square feet for each building which includes the first four occupants is required and an additional 1000 square feet of lot area for each additional occupant is required. There shall be provided a minimum landscaped coverage of forty percent (40%) of the lot area. The building or buildings shall be designed with a central or individual outdoor patio for the use of the occupants at a ratio of 120 square feet of patio or plaza per occupant. When a central plaza is used there shall be designed into the plaza a mixture of landscaped areas and hard surfaced areas with fixed seating and covered structures for protection from the elements.
Outdoor Display of Products Outdoor display of products shall be allowed only when they meet the following requirements:
Products which are displayed for sale shall be located behind any required landscaped setback area of the property.
Products shall not occupy the minimum required parking stalls for the land use.
Items which are visible from the street shall be in new or undamaged condition. Any damaged materials or materials in damaged containers which are intended to be sold shall be located to the rear or side of the main building on the lot and not visible from the street.
Any lighting of the yard area where the materials are stored shall be down lighting and no direct source lighting shall be visible from any residential use. In addition lighting shields shall be installed to reduce nondirect lighting impacts to adjacent residential properties.
Any stacked materials shall not exceed six feet in height when placed between the front property line and the main building or the property line of the side facing the street and the main building.
Facilities with drive-up service When a facility is designed and operates a drive -up window or a series of drive up facilities the design shall be able to provide behind the drive up window or facility a minimum of eighty foot (80') long stacked waiting space for vehicles behind each window or transaction device. The design of the drive up areas and stacking areas shall be located to the side or rear of the building and demonstrate that such facilities will not result in the stacking of vehicles on public rights of way. In no event shall drive-throughs or areas associated with such uses be located on a public street or right of way, or interfere with vehicular or pedestrian traffic on a public street, sidewalk or other right of way. Stacking areas, access lanes and structures associated with the drive up operation shall be setback behind the required setbacks of the zone in which they are located.
Check cashing or payday lender business
No check cashing or payday lender business shall be located within one (1) mile of any other similar business within or outside the City limits.
Distance requirements defined in this section shall be measured in a straight line, without regard to intervening structures or zoning districts from the entry door of each business.
Only one business shall be allowed in the City for every 10,000 residents living in the city.
Contractor storage Outdoor storage of construction materials and vehicles used in the construction trade are allowed provided the following conditions are met:
The area dedicated to outdoor storage does not exceed eighty percent (80%) of the lot area.
All outdoor storage shall be in a completely enclosed area screened by a seven foot (7') tall screening fence made of the following materials:
Solid wood, vinyl or other fencing material having the appearance of wood of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") members spaced no further apart than one-eighth inch (1/8");
A decorative masonry wall; or
Other fence materials and construction approved by the Planning Commission that provides adequate screening of the storage area similar to the above fencing materials;
When adjacent to a residential zone the screen requirements are those required in 17-5.
No salvage or scrap operations or outdoor repairing shall be allowed as part of such use; and
Construction materials stored outdoors shall be limited to either new construction materials or items reused as part of the construction process.
Vehicle repair services
Repair work on vehicles shall take place inside an enclosed building and is limited to the hours of 8 a.m to 8 p.m.
Outdoor storage of junk vehicles intended for restoration or limited salvage for repair may be allowed as an accessory use to a vehicle repair service provided the following conditions are met:
The area dedicated to outdoor storage does not exceed ten percent (10%) of the lot in the CP-2 zone and twenty percent (20%) of the lot in an MP-1 zone and the storage area is located behind the main building on the lot.
All such outdoor storage shall be in a completely enclosed area screened by a seven foot (7') tall screening fence made of the following materials:
Solid wood, vinyl or other fencing material having the appearance of wood of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") members spaced no further apart than one-eighth inch (1/8");
A decorative masonry wall; or
Other fence materials and construction approved by the Planning Commission that provides adequate screening of the storage area similar to the above fencing materials.
When adjacent to a residential zone the screen requirements are those required in 17-5.
Limited salvage of parts from such vehicles shall be permitted only as necessary for the repair of other vehicles on-site and not as part of any other type of salvage operation.
Communication towers The approval of any telecommunication towers shall require the tower to be designed to and require acceptance of co-location of service providers. The antenna array shall be as compact to the pole as possible if a pole is required. Attachment of the antenna to existing structures such as smoke stacks, steeples or existing poles is the first consideration in considering telecommunication tower placement. If this is the sole use on the site the facility shall meet all landscaping and setback requirements of the zone. If the use is to be installed on a site with another existing land use that use must meet all current landscaping and screening requirements.
Utility substations Utility substations shall be located on legal lots of the respective zone in which they are located. The lot area may be reduced to a minimum of 3,000 square feet in a manufacturing zone by the Planning Commission when the facility is a small switching station or other control device and the facility is enclosed on all four sides with exterior surface materials similar to the surrounding buildings. On these reduced lot area facilities the setback shall be the same as the front setback and side facing a corner setback of the zone in which it is located but the side and rear setback is a minimum of five (5') feet.
HISTORY Repealed & Reenacted by Ord. 400 on 9/9/2008 Reenacted by Ord. 491 on 4/25/2017
The purpose of this chapter is to identify specific regulations that are required to be met in order for the specific use to be a permitted use in the specific zones where the use is allowed. Compliance with the specific use regulation is in addition to compliance with the general land use regulations governing the zone where the land use is proposed or exists.
HISTORY Repealed & Reenacted by Ord. 400 on 9/9/2008
11.14.020 Special Use Regulations
Sexually Oriented business
No sexually oriented business shall be located within five hundred feet (500') from any educational facility, public park, places of worship, residential zone, or other sexually oriented business.
Distance requirements between structures and uses specified shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest property boundary of the educational facility, park, places of worship, residential zone, or other sexually oriented business to the closest property line of the use.
All parking spaces or parking lots for sexually oriented businesses shall be located on the same lot with the main building and at a location on the site in front of the building and visible from a public street.
Building entrances for customers or patrons shall face the public street.
Notwithstanding anything in the city's sign regulations, the more restrictive standards for signs imposed herein shall prevail. Signs for sexually oriented businesses and other devices designed to draw attention to the business shall be limited as follows:
No more than one wall mounted sign shall be allowed on any sexually oriented business premises and it shall not exceed eighteen (18) square feet in size.
No animation shall be permitted on or around any sexually oriented business sign, or on the exterior walls or roof of the premises.
No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sexually oriented business sign, which shall contain alphanumeric copy only.
No painted signs or painted wall advertising shall be allowed, including any signage or advertising painted on the inside of any window or other translucent material which is visible from the outside of the building.
The building and the premises of the sexually oriented business shall be kept free of any temporary signs or banners,
The premises of the sexually oriented business shall be kept free of vehicles or trailers displaying signage that identifies the name of the business, displays, descriptive art, or designs depicting any activity related to, or inferring the nature of the sexually oriented business, or otherwise draws attention to the business or the business location; provided that signage on the driver door or front passenger door of a business vehicle shall not be prohibited.
No searchlights or other outdoor activities or promotional events that draw attention to the business or the business location shall be allowed on the premises.
Outdoor lighting shall be designed to direct all light toward the ground and all light poles shall be restricted to a height of twenty feet (20'). This provision is not intended to restrict the seasonal use of nonflashing, miniature lighting on trees or shrubs.
No outdoor music or use of a "sound amplification device" shall be used to draw attention to the business or business location.
Hours of operation limited to 11 a.m. to 11 p.m. Sunday through Thursday and 11 a.m. to midnight on Friday and Saturday.
Nursing home and assisted living The lot area shall be used to determine the number of individuals allowed in a nursing home or assisted living. A minimum lot area of 7500 square feet for each building which includes the first four occupants is required and an additional 1000 square feet of lot area for each additional occupant is required. There shall be provided a minimum landscaped coverage of forty percent (40%) of the lot area. The building or buildings shall be designed with a central or individual outdoor patio for the use of the occupants at a ratio of 120 square feet of patio or plaza per occupant. When a central plaza is used there shall be designed into the plaza a mixture of landscaped areas and hard surfaced areas with fixed seating and covered structures for protection from the elements.
Outdoor Display of Products Outdoor display of products shall be allowed only when they meet the following requirements:
Products which are displayed for sale shall be located behind any required landscaped setback area of the property.
Products shall not occupy the minimum required parking stalls for the land use.
Items which are visible from the street shall be in new or undamaged condition. Any damaged materials or materials in damaged containers which are intended to be sold shall be located to the rear or side of the main building on the lot and not visible from the street.
Any lighting of the yard area where the materials are stored shall be down lighting and no direct source lighting shall be visible from any residential use. In addition lighting shields shall be installed to reduce nondirect lighting impacts to adjacent residential properties.
Any stacked materials shall not exceed six feet in height when placed between the front property line and the main building or the property line of the side facing the street and the main building.
Facilities with drive-up service When a facility is designed and operates a drive -up window or a series of drive up facilities the design shall be able to provide behind the drive up window or facility a minimum of eighty foot (80') long stacked waiting space for vehicles behind each window or transaction device. The design of the drive up areas and stacking areas shall be located to the side or rear of the building and demonstrate that such facilities will not result in the stacking of vehicles on public rights of way. In no event shall drive-throughs or areas associated with such uses be located on a public street or right of way, or interfere with vehicular or pedestrian traffic on a public street, sidewalk or other right of way. Stacking areas, access lanes and structures associated with the drive up operation shall be setback behind the required setbacks of the zone in which they are located.
Check cashing or payday lender business
No check cashing or payday lender business shall be located within one (1) mile of any other similar business within or outside the City limits.
Distance requirements defined in this section shall be measured in a straight line, without regard to intervening structures or zoning districts from the entry door of each business.
Only one business shall be allowed in the City for every 10,000 residents living in the city.
Contractor storage Outdoor storage of construction materials and vehicles used in the construction trade are allowed provided the following conditions are met:
The area dedicated to outdoor storage does not exceed eighty percent (80%) of the lot area.
All outdoor storage shall be in a completely enclosed area screened by a seven foot (7') tall screening fence made of the following materials:
Solid wood, vinyl or other fencing material having the appearance of wood of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") members spaced no further apart than one-eighth inch (1/8");
A decorative masonry wall; or
Other fence materials and construction approved by the Planning Commission that provides adequate screening of the storage area similar to the above fencing materials;
When adjacent to a residential zone the screen requirements are those required in 17-5.
No salvage or scrap operations or outdoor repairing shall be allowed as part of such use; and
Construction materials stored outdoors shall be limited to either new construction materials or items reused as part of the construction process.
Vehicle repair services
Repair work on vehicles shall take place inside an enclosed building and is limited to the hours of 8 a.m to 8 p.m.
Outdoor storage of junk vehicles intended for restoration or limited salvage for repair may be allowed as an accessory use to a vehicle repair service provided the following conditions are met:
The area dedicated to outdoor storage does not exceed ten percent (10%) of the lot in the CP-2 zone and twenty percent (20%) of the lot in an MP-1 zone and the storage area is located behind the main building on the lot.
All such outdoor storage shall be in a completely enclosed area screened by a seven foot (7') tall screening fence made of the following materials:
Solid wood, vinyl or other fencing material having the appearance of wood of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") members spaced no further apart than one-eighth inch (1/8");
A decorative masonry wall; or
Other fence materials and construction approved by the Planning Commission that provides adequate screening of the storage area similar to the above fencing materials.
When adjacent to a residential zone the screen requirements are those required in 17-5.
Limited salvage of parts from such vehicles shall be permitted only as necessary for the repair of other vehicles on-site and not as part of any other type of salvage operation.
Communication towers The approval of any telecommunication towers shall require the tower to be designed to and require acceptance of co-location of service providers. The antenna array shall be as compact to the pole as possible if a pole is required. Attachment of the antenna to existing structures such as smoke stacks, steeples or existing poles is the first consideration in considering telecommunication tower placement. If this is the sole use on the site the facility shall meet all landscaping and setback requirements of the zone. If the use is to be installed on a site with another existing land use that use must meet all current landscaping and screening requirements.
Utility substations Utility substations shall be located on legal lots of the respective zone in which they are located. The lot area may be reduced to a minimum of 3,000 square feet in a manufacturing zone by the Planning Commission when the facility is a small switching station or other control device and the facility is enclosed on all four sides with exterior surface materials similar to the surrounding buildings. On these reduced lot area facilities the setback shall be the same as the front setback and side facing a corner setback of the zone in which it is located but the side and rear setback is a minimum of five (5') feet.
HISTORY Repealed & Reenacted by Ord. 400 on 9/9/2008 Reenacted by Ord. 491 on 4/25/2017