Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title:
A. Accessory Building In Residential Zones:
1. Will not be located in any required front yard area; and
2. Will not be located closer than five feet (5') from any side or rear property line.
B. Animal Clinic, Animal Hospital, Veterinary Office And Kennel
: Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner's residence. The administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property and will comply with all state and local regulations relative to such an operation, and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor. (Ord. 411, 8-14-2002; amd. Ord. 2005-5, 10-12-2005) C. Meatpacking, Processing Plants And Slaughterhouse Facilities:
1. Will be located not less than one thousand feet (1,000') from any residence, except for an owner's residence. This restriction may be waived if affected property owner gives written permission to the commission;
2. Will be designed and located with full consideration to their proximity to adjacent use, their effect upon adjacent and surrounding properties, and to the reduction of nuisance factors;
3. Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control; and
4. Will be required to comply with the confined animal feeding operation requirements when the operation confines and feeds more than two hundred (200) animal units on a continuous basis. (Ord. 2007-4, 4-11-2007)
D. Bulk Storage Of Flammable Liquids And Gases, Aboveground And For Resale:
1. Will be located at least three hundred feet (300') from a residential zone, a residence, motel, and hotel, except for an owner's residence;
2. Will be erected subject to the approval of the fire chief or fire marshal; and
3. Will have suitable loading and unloading spaces and off street parking facilities, subject to the approval of the fire chief or fire marshal.
E. Chemical, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, handling and disposal as approved by the fire chief or fire marshal.
1. Will be located a minimum distance of three hundred feet (300') from any residence except for any owner's residence; or will have a sight obscuring fence around areas utilized for storage of materials and equipment; and
2. Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.
1. Will be maintained in a neat and orderly condition to prevent trash from moving onto other properties;
2. Will have a six foot (6') high sight obscuring fence along the property lines that adjoin an existing residence or residentially zoned area;
3. Will provide for adequate trash receptacles; and
4. Will not direct night lighting toward any residence.
H. Filling, Grading, Lagooning, Dredging, Or Other Earthmoving Activity:
1. Will result in the smallest amount of bare ground exposed for the shortest time feasible;
2. Will provide temporary ground cover, such as mulch;
3. Will use diversions, silting, basins, terraces and other methods to trap sediment;
4. Will provide lagooning in such a manner as to avoid creation of fish trap conditions;
5. Will not restrict a floodway, channel or natural drainageway;
6. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure;
7. Will not have below grade excavation except for drainageways within fifty feet (50') of any lot line or public right of way; and
8. Will restore topsoil or loam to a depth of not less than four inches (4").
1. Will only be located within a shore lot;
2. Will be limited to one on premises boathouse for each shore lot;
3. Will not exceed a height of fifteen feet (15');
4. Will not exceed a horizontal area of three hundred (300) square feet; and
5. Will not be located closer than ten feet (10') to any property line.
1. No more than one person other than members of the family residing on the premises shall be engaged in such occupation.
2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation. (Ord. 411, 8-14-2002; amd. Ord. 2005-5, 10-12-2005)
3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign as allowed in section
8-6-6 of this chapter. (Ord. 2005-5, 10-12-2005)
4. If the dwelling or an accessory building is used as a home office for a business that provides services at other locations, no storage of material or equipment will be allowed outside of an enclosed building. Temporary or overnight parking of licensed vehicles, used for related services at other locations, is permitted. Yards for storage of materials or equipment will not be considered as part of a home occupation and shall comply with the specific requirements of that use.
5. No significant traffic shall be generated by such home occupation and any need for parking generated by the conduct of such home occupation shall meet the off street parking requirements as specified in this title, and shall not be located in a required front yard.
6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
7. Home occupations shall be conducted completely inside the dwelling, enclosed garage or other building accessory to the dwelling. (Ord. 411, 6-14-2002; amd. Ord. 2005-5, 10-12-2005)
K. Manufactured Or Mobile Homes:
1. A manufactured or mobile home shall not be moved onto a site or occupied before a building permit has been issued;
2. At least one inspection after the permit is issued shall be to verify compliance with applicable zoning, health, installation, and building requirements;
3. A permit shall be required for all classes of manufactured homes and shall be in addition to any other required zoning, permit, or hookup fees;
4. Manufactured or mobile homes as defined in this title shall only be used for residential purposes; and
5. Manufactured or mobile homes that are no longer occupied and have become run down, dilapidated or deemed unsafe or a public nuisance shall be removed and/or deposed of at the owner's expense. (Ord. 2009-4, 5-13-2009)
L. Manufactured (Mobile) Home Parks Or Courts
: 1. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity so that such use will not change the essential character of the same area;
2. Will not be hazardous or detrimental to existing or future neighboring uses;
3. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal and schools, or the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services;
4. Will be consistent with the intent and purpose of this title and the comprehensive plan;
5. Will have vehicular approaches to the property which shall be designed as not to create an interference with traffic in surrounding streets or roads;
6. Will not result in the destruction or damage of natural, scenic or historic features of major importance;
7. Will meet the minimum health standards as set forth and administered by the appropriate health authority;
8. Will have a minimum of eight feet (8') separation between manufactured home units. Garages, carports or any other accessory buildings shall be located at least eight feet (8') from all manufactured homes other than the one they are intended to serve;
9. Will provide two (2) off street parking spaces for each mobile home parking space; and
10. Will be a minimum total area of two (2) acres for the manufactured home park or court including common areas, buildings, and facilities.
M. Outdoor Storage Of Commercial And Industrial Materials:
1. Will be screened from view from any existing adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street; and
2. Will not be located in any front yard setback area.
N. Riding Stables And Schools:
1. Will locate all stables or loafing sheds not nearer than one hundred feet (100') from any residence, except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property lines;
2. Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers, and the factors of noise and odor; and
3. Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance.
O. Rifle And Pistol Range:
1. Will be designed with a backstop;
2. Will be designed to avoid a line of fire that is directed towards any residence or business within one mile;
3. Will incorporate landscaping that is compatible with the surrounding landscaping; and
4. Will provide supervision and security measures during periods of use.
1. Will be completely enclosed by a solid six foot (6') high sight obscuring fence;
2. Will not result in the storage of automobiles, junk or salvage material that is visible from any public right of way;
3. Will not result in the storage of materials that exceed the height of fence;
4. Will have landscaping that is compatible with the surrounding area; and
5. Will comply with other regulations or ordinances adopted by the appropriate jurisdiction. (Ord. 411, 8-14-2002)
Q. Abandoned, Junked Property
: (Rep. by Ord. 2007-10, 10-10-2007) R. Livestock: Unless otherwise regulated in this or any other applicable ordinance the keeping of livestock shall comply with the following provisions:
1. On any lots, tract or parcel not zoned agricultural within the cities, city areas of impact, or any rural residential subdivision, having an enclosed pasture of at least one-half (1/2) acre, fenced to hold or contain livestock, the owner, renter or occupant thereof may have not more than one head of horses, mules, cattle or any combination of said animals for each full one-half (1/2) acre of enclosed pasture; or, not more than two (2) swine or three (3) sheep or goats, or combination thereof for each full one-half (1/2) acre of enclosed pasture; or, such owner, occupant or renter may have and keep one horse, mule or head of cattle, or any of the same, in combination with two (2) swine or three (3) sheep or goats or combination thereof on each full one acre of enclosed pasture.
2. Livestock confined on any parcel or tract shall not exceed the number allowed by an approved confined animal feeding operation permit. In the absence of a confined animal feeding operation permit on parcels or tracts within an agricultural zoning district with a minimum of one acre of fenced pasture area, the maximum density of animal units shall not exceed five (5) per acre in livestock density unless an approved waste management plan is in place allowing a greater density.
3. Waste and runoff shall be contained completely on the premises and not allowed to enter any river, stream, drain ditch, canal, or lateral. The keeping and maintaining of livestock and pets shall also comply with other livestock and animal control provisions of this title or other ordinances or regulations as adopted by the appropriate jurisdiction. (Ord. 2003-2, 3-12-2003; amd. Ord. 2005-5, 10-12-2005)
1. Will conform to time limits for daily operation as defined by the governing board;
2. Will provide a bond, for privately owned sites, to ensure compliance with the provisions of the zoning approval;
3. Will provide for a paved street to the facility;
4. Will be supervised during the hours of operation; and
5. Will comply with any other local, state or federal regulations or ordinances.
T. Refuse, Solid Waste, Stagnant Water: No person shall permit or suffer to be or accumulate in or upon any yard, lot, place or premises or upon any street or sidewalk adjacent to or abutting upon any lot, block, place or premises or in any building or shed owned or occupied by him within the city limits or area of impact, any stagnant or impure water, refuse, vegetable decay or decaying substance, human or animal discharge, garbage or filth of any kind, nor suffer such yard, lot, place, building or premises to be or to remain in such condition as to cause or create a nuisance or offensive smell or to pollute or render unhealthful the atmosphere or the premises or thereby to be, become, cause or create a public nuisance. (Ord. 411, 8-14-2002; amd. Ord. 2005-5, 10-12-2005)