Heliport in CM, W and PUD districts only;

Municipal service facilities and buildings in all districts;

Circus or carnival, but not within 300 feet of any residential district;

Privately operated community building or recreation field in all districts;

Telephone, radio or television broadcasting tower or station in T, CM, W and PUD districts only;

Cemeteries in A, TU, E, CBD-2, RS, W, CM, or PUD districts;

Schools, public and denominational, but not day care in all districts where not otherwise specifically permitted;

Manufactured homes in the limited areas as specifically authorized by this chapter;

Quarry operations are permitted in the CM district as conditional uses, subject to the requirements in division 2 of this article;

The specific manufacturing and warehouse uses set forth in the table in section 53-1106 may be permitted as provided in division 3 in this article;

RV sales in the RS district within the I-35 overlay district only; and

Buildings with a height of up to 150 feet in the RS district in all zoning districts, including planned unit developments, but not including the Plum Creek PUD.

Zoning districts not allowed a height exception:

Testing for, including but not limited to, geologic investigation, or extraction of raw materials such as of soil, sand, shale, gravel, limestone, or other similar rock materials that are mined or removed with or without the use of blasting or explosives.

The processing and handling of extracted or recycled materials including, but not limited to, loading, crushing, screening, washing, sorting, stockpiling, and distribution by rolling equipment or conveyor systems.

Production of materials and finished product through processing plants, including, but not limited to cement plants, lime plants, ready-mix concrete plants, concrete batch plants, asphaltic concrete plants, pug mills and production facilities for precast and prestressed concrete, concrete products, packaged cement, packaged concrete, and recycled aggregates.

Warehousing and distribution facilities for finished products and raw materials such as mined aggregate, and raw cement in various stages of production (i.e., cement powder, clinker, gypsum, etc.).

Laboratory, weighing, and testing facilities for conducting tests and chemical analyses of materials.

The administrative activities associated with such uses including, but not limited to, offices and associated uses.

Outside storage of materials, equipment, spare parts and supplies.

Transportation related uses including but not limited to the use of equipment and trucking and railroad vehicles for transporting quarry materials and product to and from the particular site, the maintenance, repair, and storage of the equipment, and trucking and/or railroad vehicles utilized by the operator of the quarry.

Aboveground fuel storage that meets all applicable government regulations.

Rail, vehicle and equipment maintenance facilities.

Hot mix and ready mix plants operated in association with quarry operations.

Permanent buildings constructed or enlarged after the effective date of the ordinance from which this division is derived shall comply with the applicable site plan requirements of the city and with applicable building codes and regulations established for the CM district. New driveways for access to public roads (unless exempt herein), shall be subject to site plan review and all applicable ordinances. Internal roads and parking areas utilized for quarry operations shall not be subject to site plan review or building regulations. Quarry equipment shall be subject to compliance with appropriate mechanical codes establishing safety standards for use and operation of such equipment.

Except as provided in subsection (a)(3) of this section, the following setbacks shall apply for quarry operations (the quarry tract setback):

Weigh stations, offices/administrative offices, shop buildings, similar accessory facilities and quarry operations other than excavation or blasting may be placed within the quarry tract setback established in subsection (a)(2) of this section. In addition, driveways, roads, parking areas, signs, and landscaping may be placed within the setbacks in compliance with applicable regulations.

Height limitations are as follows:

Extraction activities and blasting shall be conducted according to this subsection. All blasts shall comply with the more restrictive of the following standards or other applicable state or federal regulations:

Quarry operators or their designated blasting contractor shall keep records of each blast including recording seismographic information of all blasts. Further, quarry operators shall permit the city to inspect at operator's offices blast records, for the preceding six months upon at least two business days' advance request; provided, however, the information shall not be copied without the consent of the operator or court order.

The quarry operator shall comply with other city regulations incorporating applicable state and federal regulations at the time of any development, redevelopment, operations, or conducting of quarry operations. The quarry operator shall use best efforts to resolve complaints from citizens regarding compliance with state and federal laws and with the conditional use permit, including making available at all times to the city the name and phone number of a quarry representative authorized to resolve complaints of citizens.

New driveways from points of ingress and egress to public roadways to the point of weighing/scaling of vehicles shall be constructed of asphalt or similar material in order to reduce mud and other debris being transported on to the public roadway.

The quarry operator may install and cut private roadways within the quarry tract for quarry operations and construct storage, loading, and quarry parking areas that are not subject to site plan requirements provided that access points to a public road must be in strict compliance with subsection (a)(8) of this section.

The quarry operator shall post and maintain public notice signs to notify the public and adjoining property owners that the property is designated as a quarry property and blasting site. The content of the sign shall be approved by the city and shall be treated as a public notice sign exempt from city sign regulations if posted in strict compliance with this subsection.

Quarry operations carried out in accordance with the requirements of this division shall not be deemed a nuisance or subject to the requirements of chapter 23, article IV, pertaining to noise.

Any and all uses permitted under a conditional use permit within the retail and services district RS must be conducted wholly within an enclosed building, except for the following, if applicable:

Required yards and outdoor areas shall not be used for display or storing equipment, containers or waste material, save and except for screened dumpster collection areas; trailer and moving truck rental activities; and RV, vehicle, boat, and trailer storage.

The use shall not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance; and that, excluding that caused by customer and employee vehicles, such odors, smoke, dust, noise or vibration be generally contained within the property.

Any and all warehouse activities or uses shall not occur before 6:00 a.m. or after 10:00 p.m. on any given night.

The conditional use permit shall terminate upon the use ceasing for 90 days or if the use is changed to a qualifying RS district use.

Failure to comply with the conditional use permit requirements or the additional conditions imposed herein may result in a revocation of the permit. The city shall provide the conditional use permit holder of any violations and provide 30 days to comply. Failure to comply and failure to appeal within 30 days shall result in a forfeiture of the conditional use permit. The conditional use permit holder may appeal by tendering a written notice of appeal to the city secretary requesting appeal to the planning and zoning commission. The planning and zoning commission shall accept information from the property owner and city staff regarding the conditional use permit, allegations related to compliance and shall make a recommendation to the city council. If the planning and zoning commission determines that recommendation of revocation of the permit for failure to comply should be considered by the city council, the city shall notify the property owner of the date and time the city council will consider revocation seven days prior to the meeting. The decision of the city council shall be final.

Setbacks and development standards for the approved conditional warehouse uses shall be the same as for RS district except as otherwise modified.

Development, remodeling or redevelopment of the property. Any addition to the property requiring a building permit after approval of the conditional use permit shall require compliance with all of the following:

A permitted warehousing conditional use may be expanded to an adjoining vacant property provided both properties are owned by the same owner at time the ordinance from which this article is derived was passed and approved on second reading and an amendment to the conditional use permit is approved to join the additional property.