The regulations set forth in this section qualify or supplement the use regulations set forth elsewhere in this chapter.
1. Service Stations and Convenience Stores. Gasoline service stations shall be subject to the following regulations:
A. Location of Ingress and Egress. No gasoline service station or automobile repair shop shall have an entrance or exit for vehicles within 150 feet as measured along the public street in which there exists a K-12 school, public playground, church, chapel, convent, hospital, public library, or the property line of any residentially-zoned district.
B. Location of Oil Drainage Pits and Hydraulic Lifts. All oil drainage pits and hydraulic lifts shall be located within an enclosed structure.
C. Gasoline Dispensing Pumps. Gasoline service stations and convenience stores shall have their gasoline pumps, including other service facilities, set back at least 25 feet from any public right-of-way. When located in commercial districts, gasoline dispensing pumps shall not be considered as accessory structures.
2. Home Occupations. Home occupations, accessory uses conducted entirely within a dwelling unit, which are clearly incidental to the use of the structure for residential purposes and do not change the residential character of the site, shall be subject to the following limitations:
A. The residential character of the building must be maintained.
B. Only one unrelated person living outside of the residence, and members of the immediate family, may be employed in the home occupation, with the exception of contracting businesses that are managed out of the home and work conducted off the premises. Unrelated persons are allowed in this case.
C. In cases where a contracting business is managed in the home occupation with work performed off-premises, there are no limitations on employees who work at the off-site locations.
D. The use must be conducted as a secondary use and in such a manner as not to give an outward appearance, nor manifest any characteristics, of a business in the ordinary meaning of the term. The occupation must be conducted entirely within the dwelling which is a bona fide residence of the practitioners, or within an attached garage.
E. The use must not infringe upon the right of neighboring residents to enjoy peaceful and healthy occupancy of their home for which purpose the residential district was created and primarily intended.
F. The occupation shall not produce external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference, or waste run-off outside the dwelling unit or on the property surrounding the dwelling unit.
G. The occupation shall have no exterior display, no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building.
H. The occupation may have no more than one, flush mounted, non-illuminated sign not exceeding three square feet in size.
I. The home occupation shall not generate customer related-vehicular traffic substantially in excess of the normal anticipated residential traffic.
J. No more than 30 percent of the total floor area of the principal building may be utilized by the home occupation. However, this regulation shall not apply to daycare facilities.
K. Music lessons, when operated as a home occupation, shall be limited to two students at any one time. Dance lessons, when operated as a home occupation, shall be limited to no more than four students at any one time.
L. Nothing herein shall be construed to allow the following businesses or occupations as home occupations: animal hospitals, animal breeding, clinics, hospitals, contractor’s yards, salvage yards, restaurants, rental outlets, vehicular repair shops, or massage parlors. Daycare for more than six children shall not be allowed as a home occupation.
M. Home occupation permits are required and are to be renewed by January 1 of each year. Annual permits will be at a cost of $25.00.
3. Accessory Storage Buildings and Cargo Containers.
A. A zoning permit is required prior to construction of an accessory storage building or the temporary placement of cargo container. The application shall show that the construction of an accessory storage building or the temporary placement of a proposed cargo container is accessory to the permitted use of the property and meets the placement criteria for the zone.
B. Only accessory storage buildings defined in Subsection
165.24(1)(C) above shall be permitted as accessory storage containers on property in any residential zone of the City, or on any property within the City the primary use of which is residential. Cargo containers, railroad cars, truck vans, converted mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not permitted to be used as accessory storage building on property zoned residential or on property the primary use of which is residential.
C. Notwithstanding the provisions set forth in Subsection 3(B) of this section, the temporary placement of cargo containers on residentially-zoned properties, or on properties the primary use of which are residential, for the limited purpose of loading and unloading household contents shall be permitted for a period of time not exceeding 90 days in any one calendar year without approval for a limited extension from the City Code Enforcement Officer. Original permit holder is allowed two placements of the container within the 90-day period when listed on the original permit. Denial of any extension from the Code Enforcement Officer can be appealed to the Planning and Zoning Commission for an extension.
D. Notwithstanding the provisions set forth in Subsection 3(B) of this section, all contractors may use cargo containers for the temporary location of an office, equipment, or materials storage structure during construction which is taking place on the property where the cargo container is located, if the use of the cargo container is authorized pursuant to a City zoning permit. (Exception: With written approval from adjacent lot owner at the time of permit application, container may be placed on adjacent property during construction.)
E. Cargo containers shall not occupy required off-street parking or City rights-of-way.
F. The use of a cargo container as an accessory storage container is limited to the following zoning districts:
(2) RS-1 (Residential Suburban)
(3) C-2 (Highway Commercial)
(4) I-1 (Light Industrial)
(5) I-2 (Heavy Industrial)
G. A zoning permit is required prior to placement of an accessory storage cargo container. The application shall show the proposed cargo container is accessory to the permitted use of the property and meets the placement criteria for the zone. (Exception: Placement on lessors property within a zoning district listed in the above Subsection 3(F) is permitted without permit.)
H. The use of a cargo container as an accessory storage container is further limited to properties in the zones identified above in Subsection 3(F) only if the property upon which the cargo container is proposed to be located is not primarily for residential purposes.
I. Cargo containers shall not be stacked above the height of a single container device, except for placement within the I-1 or I-2 Districts.
J. Cargo containers shall not be used for off-site advertising and shall remain properly maintained. (Exception: Owner or rental company advertising allowed.)
K. Cargo containers shall meet the setback requirements of the underlying zone. (Exception: For temporary placement in setback on construction sites with an approved building permit.)
L. Cargo containers shall be in an approved designated area and on the same property as the principal use and be included in the calculation of overall lot coverage. (Exception: With written approval from adjacent lot owner at the time of building permit application, container may be placed on adjacent property during construction.)
M. As a condition of placement, cargo container sites shall be required to meet all zoning regulations listed in
Chapter 50 of this Code of Ordinances.
N. Materials stored within cargo containers are subject to review by the Fire Chief. The Fire Chief shall conduct such investigation or inspection and make such recommendations that he considers necessary as authorized by Subsections
35.09(9) and
35.09(10) of this Code of Ordinances. Failure to timely eliminate any fire hazards as recommended by the Fire Chief shall constitute a municipal infraction.