44 - CONDITIONAL AND TEMPORARY USES
Sections:
Conditional uses may be permitted by the city council in accordance with the standards set forth herein and review procedures pursuant to Title 14 of this code. Upon review of a conditional use permit application, the city council may either approve, approve with conditions, or disapprove the permit application.
(Ord. 462 Ch. 11 (part), 2001)
A conditional use shall only be granted after the city council has reviewed the proposed use to determine if it complies with the standards and criteria listed below. A conditional use shall only be granted if such findings are made that:
A.
The proposed use within its location will not be detrimental to other uses legally existing or permitted outright in the subject zoning district.
B.
The size of the site is adequate for the proposed use.
C.
Any traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity.
D.
Characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity.
E.
The proposed use complies with other requirements pursuant to this title.
F.
Any other considerations that may be appropriate to an individual proposed conditional use.
(Ord. 462 Ch. 11 (part), 2001)
In approving a conditional use the city council may impose conditions determined necessary to protect the best interests of the surrounding area and the city. Conditions may include but shall not be limited to the following:
A.
Limiting vehicular activity;
B.
Increasing the number of required off-street parking or off-street loading spaces;
C.
Requiring fencing, screening, landscaping or other facilities to protect adjacent property.
D.
Limiting the manner in which the use is conducted including restricting the time and frequency certain activities may occur.
(Ord. 462 Ch. 11 (part), 2001)
A conditional use permit may be revoked by the city council for any of the following reasons:
A.
Approval of the conditional use was obtained by fraud or misrepresentation.
B.
The use for which approval was granted was changed.
C.
The use fails to comply with any conditions attached to the permit or comes into violation of the terms of this title or other city ordinance or code.
(Ord. 462 Ch. 11 (part), 2001)
In addition to conditions which may be imposed pursuant to a conditional use permit, all home occupations shall be subject to the following mandatory requirements:
A.
All aspects of the home occupation shall be contained and conducted within an enclosed building.
B.
Home occupations contained within a residential dwelling shall be limited to occupying twenty-five (25) percent or less of the total floor area. Home occupations contained within an accessory structure shall be limited to occupying fifty (50) percent or less of the total floor area.
C.
Any structural alterations made to accommodate a home occupation shall not detract from the outward appearance or residential character of the property.
D.
Only residing members of the immediate family shall be engaged in the home occupation.
E.
Exterior display of products is prohibited.
F.
Mechanical and other equipment associated with a home occupation and prone to generating vibration, noise, dust, smoke, odor, interference with radio or television reception, or any other effect detrimental to the general public is prohibited.
(Ord. 462 Ch. 11 (part), 2001)
(Ord. No. 761, 9-8-20)
The following uses may be permitted as temporary uses if first approved by the city:
A.
A mobilehome or recreational vehicle designed for temporary occupancy may be sited on a lot during construction of a conventional dwelling or on the job site of a construction project. Approval shall be granted only after a building permit is issued. The temporary residency shall cease at the expiration date of the building permit.
B.
Locating of a mobilehome on the same lot of another residence if a person in either dwelling requires continual health care; provided, evidence is demonstrated to the town that such a situation is authentic and, further provided, the temporary use shall cease within thirty (30) days of the date health care is no longer necessary.
C.
Recreational vehicles used for visiting and located on private property as temporary living quarters shall be allowed for a maximum of thirty (30) combined or intermittent days for any one hundred eighty (180) day period of time.
D.
The siting of any structure associated with a temporary use shall conform with any and all siting and service standards required by the town.
(Ord. 462 Ch. 11 (part), 2001)
44 - CONDITIONAL AND TEMPORARY USES
Sections:
Conditional uses may be permitted by the city council in accordance with the standards set forth herein and review procedures pursuant to Title 14 of this code. Upon review of a conditional use permit application, the city council may either approve, approve with conditions, or disapprove the permit application.
(Ord. 462 Ch. 11 (part), 2001)
A conditional use shall only be granted after the city council has reviewed the proposed use to determine if it complies with the standards and criteria listed below. A conditional use shall only be granted if such findings are made that:
A.
The proposed use within its location will not be detrimental to other uses legally existing or permitted outright in the subject zoning district.
B.
The size of the site is adequate for the proposed use.
C.
Any traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity.
D.
Characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity.
E.
The proposed use complies with other requirements pursuant to this title.
F.
Any other considerations that may be appropriate to an individual proposed conditional use.
(Ord. 462 Ch. 11 (part), 2001)
In approving a conditional use the city council may impose conditions determined necessary to protect the best interests of the surrounding area and the city. Conditions may include but shall not be limited to the following:
A.
Limiting vehicular activity;
B.
Increasing the number of required off-street parking or off-street loading spaces;
C.
Requiring fencing, screening, landscaping or other facilities to protect adjacent property.
D.
Limiting the manner in which the use is conducted including restricting the time and frequency certain activities may occur.
(Ord. 462 Ch. 11 (part), 2001)
A conditional use permit may be revoked by the city council for any of the following reasons:
A.
Approval of the conditional use was obtained by fraud or misrepresentation.
B.
The use for which approval was granted was changed.
C.
The use fails to comply with any conditions attached to the permit or comes into violation of the terms of this title or other city ordinance or code.
(Ord. 462 Ch. 11 (part), 2001)
In addition to conditions which may be imposed pursuant to a conditional use permit, all home occupations shall be subject to the following mandatory requirements:
A.
All aspects of the home occupation shall be contained and conducted within an enclosed building.
B.
Home occupations contained within a residential dwelling shall be limited to occupying twenty-five (25) percent or less of the total floor area. Home occupations contained within an accessory structure shall be limited to occupying fifty (50) percent or less of the total floor area.
C.
Any structural alterations made to accommodate a home occupation shall not detract from the outward appearance or residential character of the property.
D.
Only residing members of the immediate family shall be engaged in the home occupation.
E.
Exterior display of products is prohibited.
F.
Mechanical and other equipment associated with a home occupation and prone to generating vibration, noise, dust, smoke, odor, interference with radio or television reception, or any other effect detrimental to the general public is prohibited.
(Ord. 462 Ch. 11 (part), 2001)
(Ord. No. 761, 9-8-20)
The following uses may be permitted as temporary uses if first approved by the city:
A.
A mobilehome or recreational vehicle designed for temporary occupancy may be sited on a lot during construction of a conventional dwelling or on the job site of a construction project. Approval shall be granted only after a building permit is issued. The temporary residency shall cease at the expiration date of the building permit.
B.
Locating of a mobilehome on the same lot of another residence if a person in either dwelling requires continual health care; provided, evidence is demonstrated to the town that such a situation is authentic and, further provided, the temporary use shall cease within thirty (30) days of the date health care is no longer necessary.
C.
Recreational vehicles used for visiting and located on private property as temporary living quarters shall be allowed for a maximum of thirty (30) combined or intermittent days for any one hundred eighty (180) day period of time.
D.
The siting of any structure associated with a temporary use shall conform with any and all siting and service standards required by the town.
(Ord. 462 Ch. 11 (part), 2001)