The City Council may, after public hearing and notice to all parties affected, and after recommendation of the Planning and Zoning Commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the development of the uses designated as "CC" uses for zoning districts O-1, B-1, and B-2.

(1)

Public hearing. City Council and the Commission shall hold public hearings in compliance with Article III of this chapter. The purpose of such hearings shall be to determine that such use will not adversely affect the character of the area or the neighborhood in which it is proposed to locate; will not substantially depreciate the value of adjacent and nearby properties; will be in keeping with the spirit and intent of this chapter; will comply with applicable standards of the district in which located; and will not adversely affect traffic, public health, public utilities, public safety, and the general welfare.

(2)

Application. All applications for CC uses shall be submitted to the Zoning Administrative Official with site plans drawn to scale and showing the general arrangement of the project, together with the essential requirements, such as off-street parking facilities, locations of buildings and uses to be permitted, means of ingress and egress to public streets, the type of visual screening such as walls, planting and fences, the location and existing ownership of adjacent residences and buildings, and the location and area of coverage of all outside lighting, especially any which might shine into an adjacent residential area. The Zoning Administrative Official shall file the application and report same to the Planning and Zoning Commission.

(3)

Criteria. In recommending a CC use under the conditions specified, the Planning and Zoning Commission shall determine that such uses are harmonious with and adaptable to buildings, structures, and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys, and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking and protective screening and open space, and other matters.

(4)

Conditions. No CC use shall be permitted unless the applicant and owner of the property shall in writing accept and agree to be bound by and comply with the terms imposed for such CC use, in writing and in such form as may be approved by the City Council.

(5)

Board without jurisdiction. The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification, or any other action taken relating to CC uses.

(6)

Amendment. Every CC use granted under the provisions of this section shall be considered as an amendment to the Zoning Ordinance as applicable to such property. In granting such CC use, the City Council may impose conditions which shall be complied with by the grantee for use of the buildings on such property.

(7)

Note on map. Final action of the City Council shall be noted, as soon as practicable, on the official Zoning District Map and on any other administrative copies, as to the location of property and type of use permitted by each CC use approved as herein provided.

(Ord. No. 100-02-08, § I(exh. A, § XI(A)), 8-12-2008)

(a)

Special use permits for home occupations shall be processed consistent with article III of this chapter.

(b)

Special use permit requirements.

(1)

The home occupation must be compatible with the residential use of the property and surrounding residential uses and does not alter the residential character of the premises by reason of activity, color, design, materials, storage, construction, lighting, sounds, noises, vibrations, dust, odors, noxious fumes, etc., nor shall it unreasonably disturb the peace and quiet of an individual and/or the residential neighborhood, nor interfere with area radio or television reception;

(2)

The home occupation must be confined completely within the dwelling, and/or a single accessory building. The home occupation shall not occupy more than 25 percent of the gross floor area of one floor of the primary residential dwelling thereof;

(3)

The home occupation may only be carried on by members of the family occupying the dwelling, with the exception of one other person either by employment or as an independent contractor;

(4)

The home occupation must not generate pedestrian or vehicular traffic in excess of five visits a day;

(5)

The home occupation requires no visible, structural, electrical or plumbing alterations in the dwelling;

(6)

The home occupation may not involve outdoor storage or on-premises outdoor advertising;

(7)

The home occupation must not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood; and

(8)

Only one commercial vehicle is allowed to be parked on-premises in the operation of the home occupation.

(c)

Existing nonconforming home occupations. Any home occupation that was legally in existence as of November 1, 2015 ("the Effective Date") and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, provided that the home occupation use was not in violation of any other local, state or federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this Code may be required by the City. Any legal nonconforming use may continue until not later than December 1, 2017. After that date, nonconforming home occupations are prohibited.

(Ord. No. 100-02-08, § I(exh. A, § XI(B)), 8-12-2008; Ord. No. 0-2015-021, § IV, 12-21-2015; Ord. No. O-2020-010, § III, 8-24-2020)

(a)

Special use permits for certain fences shall be processed consistent with this subsection.

(b)

Special use permit requirements. A special use permit for a fence in any residential area exceeding eight feet in height shall be granted if the following conditions are met:

(1)

A neighboring property owner is legally storing a recreational vehicle on their property; and

(2)

The requested fence does not exceed ten feet in height.

(c)

Permitting process

(1)

An applicant shall submit a request for the special use permit to the City Secretary's office.

(2)

The Commission shall consider the approval or denial of the permit based solely on the requirements within this chapter at its next regularly scheduled meeting.

(Ord. No. 100-02-08, § I(exh. A, § XI(C)), 8-12-2008; Ord. No. 300-07-12, § I(2), 9-24-2012)

Editor's note— Ord. No. O-2025-005, § X, adopted May 19, 2025, repealed § 36-104, which pertained to special use permits for constructed landscape structures within a setback and derived from Ord. No. 100-02-08, § I(exh. A, § XI(D)), adopted Aug. 12, 2008; Ord. No. 300-07-12, § I(2), adopted Sep. 24, 2012.