Uintah City Zoning Code

CHAPTER 13

CONDITIONAL USE PERMITS

9-13-1: PURPOSE AND INTENT:

The purpose and intent of conditional uses is to allow in certain areas compatible integration of uses which are related to the permitted uses of the zone. These uses may be suitable and desirable only in certain locations in that zone due to conditions and circumstances peculiar to that location and/or upon certain conditions which make the uses suitable and/or only if such uses are designed, laid out and constructed on the proposed site in a particular manner. (Ord. 172-04, 3-2-2004)

9-13-2: CONDITIONAL USE PERMIT REQUIRED:

A. Uses Requiring Conditional Use Permit: A conditional use permit shall be required where any of the following apply:

1. For all uses that are not listed as permitted uses in any zone, those that are not listed that are judged by the Planning Commission to be similar and compatible with the purpose of this title may also be reviewed for approval;

2. For the extension, alteration or expansion of a nonconforming building or use; and

3. For home based businesses which are determined by the Planning Commission as having a combined offsite impact greater than residential only (Class H2 and H3).

Note: Home based business license application for Class H2 and H3 business licenses must be presented to the Planning Commission and must comply with the requirements listed in this chapter.

B. Revocation: A conditional use permit may be revoked by the Planning Commission after a review and determination of failure to comply with the conditions imposed with the original approval of the permit. Refer to section 9-13-14 of this chapter for revocation procedures. (Ord. 241-17, 12-5-2017)

9-13-3: APPLICATION PROCEDURES:

A. Form Of Application; Fee: Application for a conditional use permit shall be made to the Planning Commission on forms supplied by the City. Applications shall be accompanied by the required fee set by resolution of the City Council.

B. Plans Submitted: Detailed plans of the proposed location of the conditional use and of any buildings which will house the proposed use, shall be submitted with the application.

C. Notice To Adjacent Property Owners: The Planning Commission Secretary shall send notice of the application and the time and place that the Planning Commission will consider the application to all of the property owners within three hundred feet (300') of the property for which the application was made. The notice shall also inform interested property owners that they may send written comments regarding the application to the City Recorder before the meeting, but that no public comment will be accepted at the meeting unless the Planning Commission determines to hold a public hearing on the application.

D. Consideration At Planning Commission Meeting: The Planning Commission shall consider the application, together with all pertinent information, at its next regularly scheduled meeting, held at least fifteen (15) days after receipt of the application. The applicant shall have the right to be heard on the application during the meeting.

E. Public Hearing May Be Conducted: The Planning Commission may call a specific public hearing on any application after adequate notice, if the Planning Commission determines that a hearing will be in the public interest.

F. Action Of Planning Commission:

1. If the Planning Commission determines that no hearing is necessary, it shall take action no later than its second regularly scheduled meeting after initially considering the application.

2. If the Planning Commission decides to hold a hearing on an application, it shall schedule the hearing as soon as reasonably possible and shall act on the application at its next regularly scheduled meeting after the hearing.

G. Decision: The Planning Commission shall grant or deny the conditional use permit. If the Planning Commission decides to grant the permit, it may impose conditions on the use which the commission determines are necessary or convenient to protect adjacent properties and the public health, safety and welfare. (Ord. 172-04, 3-2-2004)

9-13-4: FEE FOR PERMIT:

The application for any conditional use permit shall be accompanied by the appropriate fee in force at the time of the application. (Ord. 172-04, 3-2-2004)

9-13-5: BASIS FOR ISSUANCE OF CONDITIONAL USE PERMIT:

The Planning Commission or City Council shall not grant a conditional use permit unless evidence is presented which establishes:

A. Compliance With Regulations And Conditions: The proposed use is in compliance with applicable regulations and ordinances, except as specifically provided for in the approved conditions.

B. Conformance To General Plan: The proposed use will conform to the intent of the General Plan.

C. Use Not Detrimental: Such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the general well-being of the community or to the health, safety and welfare of persons, nor injurious to property and improvements in the community. The use will be compatible with and complementary to the existing surroundings uses, buildings and structures when considering the following:

1. Residential zone:

a. Will the proposed use generate enough traffic that it will be detrimental to the immediate neighborhood?

b. Will the proposed development overload the carrying capacity of the local streets?

c. Will the proposed use's parking facilities adversely affect adjacent residential properties?

d. Will the proposed use's parking facilities be effectively screened from adjacent residential properties?

e. Will the proposed use, including any landscaping, be complementary to the aesthetics of the surrounding area?

f. Will the proposed sign, if any, adversely affect the surrounding area?

2. Commercial zone:

a. Will the proposed use's traffic ingress and egress routes adversely affect the general traffic patterns in the area?

b. Will the proposed use's parking facilities adversely affect traffic circulation or access to public street?

c. Will the proposed use create a hazard for pedestrian traffic in the area?

d. Will the design of the proposed use's building design be compatible with adjacent structures?

e. If the development is adjacent to a residential zone or use, will the proposed use adversely affect neighboring residential zones or uses?

f. Will the proposed use's sign be compatible with the area? (Ord. 241-17, 12-5-2017)

9-13-6: SPECIAL REQUIREMENTS AND CONDITIONS:

The Planning Commission may establish conditions to meet the concerns of safety for persons and property, health and sanitation, environment, General Plan proposals and neighborhood needs, performance and administration. More specifically, the Planning Commission may require conditions relating to the following, or other conditions as deemed necessary:

A. Safety For Persons And Property:

1. Building elevations and grading plans which will prevent or minimize floodwater damage where property may be subject to flooding.

2. The relocation, covering or fencing of irrigation ditches, drainage channels and other potential unattractive nuisances existing on or adjacent to the property.

3. Increased setback distances from lot lines where the Planning Commission determines it to be necessary to ensure the public safety and to ensure compatibility with the intended characteristics of the district as outlined in this title.

4. Appropriate design, construction and location of structures, buildings and facilities in relation to property and limitations on the use due to special site conditions.

5. Limitations and control of the number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and appearance and harmony with adjacent development.

6. The location, arrangement and dimension of truck loading and unloading facilities.

7. Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants and streetlighting.

B. Health And Sanitation:

1. A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the City.

2. A wastewater disposal system and a solid waste disposal system meeting standards adopted by the City Council.

3. Construction of water mains, sewer mains and drainage facilities serving the proposed uses, in sizes necessary to protect existing utility users in the district and to provide for an orderly development of land in the City.

4. Other requirements ensuring the health, safety and welfare of residents within the City.

C. Environmental Concerns:

1. Limitations on the use in sensitive areas due to soil capabilities, wildlife and plant life.

2. Processes for the control, elimination or prevention of land, water or air pollution; the prevention of soil erosion; and the control of objectionable odors and noise.

3. The planting of ground cover or other surfacing to prevent dust and erosion.

4. Restructuring of the land and planting of the same as directed by the Planning Commission when the conditional use involves cutting and/or filling the land where such land would be adversely affected if not restructured.

D. General Plan Intent; Characteristics Of Vicinity:

1. The removal of structures, debris or plant materials, which will be incompatible with the intended characteristics of the district as outlined in this title.

2. The screening of yards or other areas as protection from obnoxious land uses and activities.

3. Landscaping to ensure compatibility with the intended characteristics of the district as outlined in this title.

4. Limitations or controls on the location, height and materials of wells, fences, hedges and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations or other unsightly development.

5. The relocation of proposed or existing structures as necessary to provide for future streets on the master street plan, adequate sight distances for general safety, groundwater control or similar problems.

6. Provision or construction of recreational facilities necessary to satisfy needs of the conditional use.

7. Population density and intensity of land use limitations where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety and welfare.

8. Other improvements which serve the property in question and which may compensate in part or in whole for the possible adverse impacts to the district from the proposed conditional use. (Ord. 172-04, 3-2-2004)

9-13-7: FINANCIAL GUARANTEE:

A financial guarantee in favor of the city may be required in an amount calculated by the developer's engineer and approved by the city engineer as necessary to assure compliance with all conditions. (Ord. 172-04, 3-2-2004)

9-13-8: SPECIFIC CONDITIONAL USES:

Certain conditional uses as allowed in each zone are hereby required to comply with special requirements relating to the individual type of use. Such requirements are set forth in articles following this chapter. (Ord. 172-04, 3-2-2004)

9-13-9: TIME LIMIT FOR ACTION; EXTENSION:

Action authorized by a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The planning commission may grant an extension for good cause shown. Only one extension may be granted and the maximum extension shall be six (6) months. In order to obtain an extension, the permit holder must apply for an extension in writing before the expiration of the original permit. The application must be submitted to the city recorder and the application must describe the cause for requesting the extension. (Ord. 172-04, 3-2-2004)

9-13-10: BUSINESS LICENSE REQUIRED:

A conditional use permit is required in addition to and before a business license is issued for all business related uses listed as conditional uses in any zone. The granting of a conditional use permit shall not relieve the permittee of any licensing requirements of the city, the state or any other public agency. (Ord. 172-04, 3-2-2004)

9-13-11: BUILDING PERMIT:

Upon receipt of a conditional use permit that requires a building permit, the permit holder shall take the permit to the building inspector, who shall review the permit and the conditions attached. The building inspector shall issue a building permit for structures which comply with the conditions of the conditional use permit. During construction, the building inspector shall verify that the construction is in compliance with the conditional use permit. (Ord. 172-04, 3-2-2004)

9-13-12: NONCONFORMING USES1:

A. Permitted: The planning commission may approve the issuance of a conditional use permit authorizing the extension, alteration or expansion of a nonconforming building, subject to all of the other requirements of this chapter.

B. Conditions: The planning commission may not approve a conditional use permit for the extension, alteration or expansion of a nonconforming building unless:

1. The planning commission finds that the extension, alteration or expansion promotes the general health, safety, welfare and aesthetics of the city; and

2. The extension, alteration or expansion is made to conform to all of the regulations of the zone in which the building is located. (Ord. 172-04, 3-2-2004)

9-13-13: TEMPORARY USES; EXTENSION:

A conditional use permit for uses which are temporary in nature may only be issued for the duration of the temporary use or one year, whichever period of time is less. Extensions of six (6) months each may be granted by the original approving body under exceptional circumstances. (Ord. 172-04, 3-2-2004)

9-13-14: REVOCATION OF PERMIT:

The planning commission may revoke the conditional use permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The planning commission shall send notice of the revocation to the holder of the permit and the holder of the permit shall immediately cease any use of the property which was based on the conditional use permit. (Ord. 225-14, 12-16-2014)

9-13-15: APPEAL:

Any person aggrieved by a decision of the planning commission on a conditional use permit may appeal the decision to the appeal authority as provided in chapter 5 of this title. (Ord. 172-04, 3-2-2004; amd. 2013 Code)

9-13-16: DISCONTINUED USE:

When an approved conditional use has been discontinued and/or abandoned for a period of one year, the conditional use permit becomes null and void. In order to restore the conditional use, a new application shall be filed for review and consideration by the planning commission. (Ord. 172-04, 3-2-2004)

9-13-17: TRANSFERABLE:

A conditional use permit is not transferable from one parcel of land to another. Conditional use permits may be transferred from one owner to another for the same use. (Ord. 172-04, 3-2-2004)

9-13-18: EXPIRATION; RENEWALS:

A. Renewal Conditions: Permits may be automatically renewed by the planning commission, city council or their designated agent without additional review, unless otherwise specified by the approving body on the permit and provided there have been no reported violations, complaints or detrimental matters which might require reconsideration of the permit. If the permit is not renewed, then the applicant desiring a permit shall follow the same procedure required for an initial application.

B. Expiration: Any conditional use permit granted shall expire:

1. In the case of new construction or modifications to an existing structure.

2. If there is a change in the use on the property.

3. In the case of occupancy of land which does not involve new construction, but which was not included in the application and approval of the existing conditional use permit.

4. At the date of termination established by the planning commission as a condition of the conditional use permit.

5. Ten (10) years, unless a lesser time is specified, for conditional use permits issued for electronic communication facilities and equipment.

6. All home daycare center and preschool permits shall be good for one year unless a lesser time is specified. These conditional use permits shall be renewable at the time the business license is renewed .

7. Conditional use permits for residential facility for persons with a disability or elderly persons shall be good for one year, unless a lesser time is specified. These conditional use permits shall be renewable at the time the business license is renewed .

8. Model home or a sales office for sale of real estate within the same development and the construction management office that the model home or sales office resides in may be permitted for a period of one year. Time extensions may be granted as provided in subsection 9-13F-3A of this chapter.

9. If the structure fails to comply with the building, safety and health codes or the requirements of this title. (Ord. 172-04, 3-2-2004)

9-13A-1: ADDITIONAL APPLICATION REQUIREMENTS:

In addition to other application requirements of this chapter, the required conditions listed in this article must be met. (Ord. 172-04, 3-2-2004)

9-13A-2: SITE LOCATION MASTER PLAN REQUIRED:

In addition to the other information required for an application for a conditional use permit, applications for electronic communications facilities shall be accompanied by a site location master plan, identifying existing facilities and the approximate number and locations of new facilities expected to be constructed within the city for ten (10) years following the date of the application. (Ord. 172-04, 3-2-2004)

9-13A-3: CONSIDERATIONS:

In addition to conditional use standards outlined in this article, the planning commission or city council shall consider the following:

A. Collocation:

1. Whether collocation of the antenna on other existing structures in the same vicinity, such as other towers or buildings, has been explored.

2. It is the policy of the city that collocation of two (2) or more antennas on a single communications tower is encouraged as the primary option.

B. Location And Design: The location and design of the antenna and tower in relation to existing vegetation, topography and buildings to obtain best visual screening.

C. Spacing: Whether spacing between towers creates quantifiable detrimental impacts to adjoining properties. (Ord. 172-04, 3-2-2004)

9-13A-4: CONDITIONS:

No permit shall be issued for electronic communications facilities, unless all of the following conditions have or will be met:

A. Building Permit Required:

1. A building permit will be obtained for each tower and related facilities.

2. Each application for a building permit shall be accompanied by plans and calculations certified by a licensed professional engineer that the facility meets the applicable electrical safety, material and design integrity, seismic safety and wind and snow loading standards.

B. Accessory Buildings:

1. Accessory buildings of facilities must comply with required setback, height and landscaping requirements of the zoning district in which they are located.

2. All power lines on the lot to the communication facility shall be underground.

C. Fencing: Freestanding facilities shall be surrounded by a fence that is at least six feet (6') high and constructed of material appropriate to the location as approved by the city council.

D. Climbing Peg Removal: Climbing pegs shall be removed from the lower twenty feet (20') of all communications towers.

E. Overhanging Or Encroaching: No communication facility shall overhang, encroach upon or block a public right of way or public sidewalk.

F. Residential Zones:

1. No monopole or lattice tower may be located within a residential zone and may not be located less than one and one- half (11/2) times the height of the tower from any residential zone boundary.

2. This restriction may be reduced by the approving body, provided demonstrable need can be shown.

G. Setbacks: No monopole or lattice tower may be located in any required landscaped or parking area and shall comply with the setback requirements of the zone in which it is located.

H. Guyed Towers Prohibited: Guyed towers are not permitted in any zone. (Ord. 172-04, 3-2-2004)

9-13B-1: ADDITIONAL APPLICATION REQUIREMENTS:

In addition to other application requirements of this chapter, the required conditions listed in this article must be met. (Ord. 172-04, 3-2-2004)

9-13B-2: APPLICABLE DISTRICTS:

The provisions of this chapter shall apply to any daycare (child) and preschool home based business use in the RE20, RE50, RE20 R/R, AG and C1 Zones in the City. (Ord. 172-04, 3-2-2004; amd. 2013 Code; Ord. 241-17, 12-5-2017)

9-13B-3: CONDITIONS REQUIRED:

Each and every one of the following conditions must be observed at all times by the holder of a home based business permit: (Ord. 172-04, 3-2-2004; amd. Ord. 241-17, 12-5-2017)

A. Employment Restricted To Family Members:

1. Only family members related by blood, marriage or adoption, who are bona fide residents of the dwelling, shall be employed on said premises. (Ord. 172-04, 3-2-2004)

2. During the calendar year, one part time employee may work in connection with the home based business, if approved by the Planning Commission as per the "home based business" definition provided in section 9-2-1 of this title.

B. Incidental And Secondary Use:

1. The home based business will be clearly incidental and secondary to the residential use of the property and will not physically change the dwelling to the extent that it would alter the residential character of the dwelling or the residential atmosphere of the neighborhood in which it is located. (Ord. 172-04, 3-2-2004; amd. Ord. 241-17, 12-5-2017)

2. Furthermore, it shall not unreasonably disturb the neighborhood by reason of color, design, material, construction, odors, lighting, sounds, noise or vibrations.

C. Conducted Within Primary Structure: The home daycare center or preschool shall be conducted principally within the primary structure on the premises and shall be secondary to the use of the premises as a residence. (Ord. 172-04, 3-2-2004)

D. Signs: Class 2 signs are allowed for advertising home based businesses. (Ord. 172-04, 3-2-2004; amd. Ord. 241-17, 12-5-2017)

E. Traffic:

1. The home daycare center or preschool shall generate no greater vehicular traffic than that commonly associated with the neighborhood in which it is located (i.e., heavy trucks, delivery or service vehicles, etc.).

2. The conditional use shall not occupy the area in the garage required for two (2) parking spaces.

F. Parking: All vehicles of customers or residents must be parked in authorized portions of the lot upon which the conditional use is located.

G. Code Conformance: There shall be complete conformity with Fire, Building, Plumbing, Electrical and Health Codes, and to all Federal, State and local laws, statutes, ordinances, rules and regulations. (Ord. 172-04, 3-2-2004)

H. Special Recommended Conditions: Any special condition recommended by the building inspector and/or the Planning Commission and made a part of the record in the home based business permit that they deem necessary to carry out the intent of this chapter shall be met. (Ord. 172-04, 3-2-2004; amd. Ord. 241-17, 12-5-2017)

I. Approval Of Code Compliance: Approval from the building inspector and Fire Department as to compliance with applicable codes. (Ord. 172-04, 3-2-2004)

J. Annual Premises Inspection: An annual check of the premises by the Fire Department will be required before the home based business license will be issued and/or renewed. (Ord. 172-04, 3-2-2004; amd. Ord. 241-17, 12-5-2017)

K. Hours Of Operation: The hours of operation for child daycare shall not begin any earlier than six o'clock (6:00) A.M., nor operate later than ten o'clock (10:00) P.M., seven (7) days a week. (Ord. 172-04, 3-2-2004)

9-13B-4: RENEWAL OF PERMIT1:

All home daycare center and preschool permits shall be good for one year unless a lesser time is specified, and shall be renewable at the time the business license is renewed. Permits may be automatically renewed by the Planning Commission or City Council, or their designated agent, without additional review, unless otherwise specified by the approving body on the permit; and provided, there have been no reported violations, complaints or detrimental matters which might require reconsideration of the permit. If the permit is not renewed, then the applicant desiring a permit shall follow the same procedure required for an initial application. (Ord. 172-04, 3-2-2004)

9-13C-1: PURPOSE AND INTENT:

It is the purpose and intent of this article to allow persons residing in dwellings in residential, mobile home park and agricultural areas to use their mental or physical expertise and talent to a limited extent in providing a service, developing a product for sale to the public, operating certain kinds of small businesses, or maintaining a professional or business office workspace in the dwelling, while at the same time maintaining the peace, quiet and domestic tranquility within all residential, mobile home park or agricultural areas of the City and guaranteeing to all residents freedom from excessive noise, traffic, nuisances, fire hazard and other possible adverse effects of limited business activities being conducted in such areas. (Ord. 176-04, 6-15-2004)

9-13C-2: ADDITIONAL APPLICATION REQUIREMENTS:

In addition to other application requirements of this chapter, the required conditions listed in this article must be met. (Ord. 241-17, 12-5-2017)

9-13C-3: USES:

A. Scope: Home based businesses shall be allowed in various zones of the City as listed in the use regulations of such various zones and in accordance with the regulations and restrictions of this article. A conditional use permit is required for home based businesses which are determined by the Planning Commission to have a combined offsite impact greater than residential only.

B. Businesses Not Requiring A Conditional Use Permit: Conditions and examples of home based businesses which do not require a conditional use permit:

1. Businesses operated occasionally and by an individual who is under eighteen (18) years of age.

2. Retail, professional services, including barber or beautician services, with four (4) or less customer visits per day.

3. Home office.

4. Group instruction or motivational meetings as a forum for sales presentations held not more than once every month.

5. Musical instruction.

6. Phone order or mail order services.

7. Computer information services.

8. Garage sales of personal used items from a single dwelling held not more than once every three (3) months.

C. Businesses Permitted With Conditional Use Permit: Conditions and examples of home based businesses which may be permitted with a conditional use permit.

1. Retail, professional services, including barber or beautician services, with more than four (4) customer visits per day.

2. Daycare.

3. Preschool.

4. Auto, boat, or vehicle repair shop and similar businesses.

5. Other businesses which are determined by the Planning Commission to have a combined offsite impact greater than residential only.

D. Prohibited Home Based Businesses: The following uses shall not be permitted as home based businesses:

1. Any activity which noticeably produces electrical interference, smoke, dust, odors or heat.

2. Any activity which produces increased foot and vehicular traffic, parking, sounds or noises, lighting, vibration or anything that is uncommon to the established character of the surrounding area to such a degree so as to constitute a nuisance to the residents of the immediate area.

3. Any activity which violates existing Criminal Codes of the City, the State or the U.S. government.

4. Retail sales of goods produced off premises, including short term boutiques, etc., or group garage sales of personal used items held more than once every six (6) months. (Ord. 241-17, 12-5-2017)

9-13C-4: REQUIRED CONDITIONS:

A home based business must meet all of the following conditions and requirements except as permitted by the Planning Commission as part of an approved conditional use permit:

A. The home based business is limited to persons who actually reside on the premises.

B. The home based business shall not require exterior alterations and shall retain the general character and appearance of a residential dwelling.

C. The home based business shall not include more than four hundred (400) square feet or twenty five percent (25%), whichever is less, of the ground floor area of the home. This does not apply for child daycare.

D. The home based business shall not include the storage on or sale from the premises of goods or commodities which are not produced on the premises. This does not apply to phone order or mail order sales with delivery direct to an off premises buyer.

E. When required by the Fire Marshal, the home based business must obtain and comply with the requirements of a fire inspection.

F. The home based business must remain in compliance with title 3, "Business And License Regulations", of this Code.

G. The home based business shall not be open to the public at times earlier than eight o'clock (8:00) A.M., nor later than nine o'clock (9:00) P.M. Hours of operation shall be set by the Planning Commission upon granting of a conditional use permit.

H. No more than one visiting client or merchandise oriented home based business shall be permitted within any single dwelling.

I. A home based business that attracts customers, clients or students to the premises for sales or services shall not be allowed in multi-family dwellings.

J. Selling parties shall be limited to not more than ten (10) buying customers at any one time and not more than one party every three (3) months.

K. A home based business that attracts customers, clients or students to the premises shall provide adequate off street parking as determined by the Planning Commission or by the building inspector in the case of the permitted use.

L. There shall be no storage or parking on the premises or on the streets in the vicinity of the premises of tractor trailers, semitrucks or other heavy equipment used in an off premises business for which the dwelling is being used as a home based business office, except that not more than one truck of one ton capacity or less may be parked on premises during off work hours at night.

M. In order to guarantee that the home based business, once authorized, will not become a nuisance to the neighbors, the Planning Commission may impose other reasonable conditions initially and also subsequently to protect the public health, safety, peace and welfare of the residents of the surrounding residential, mobile home park or agricultural area. (Ord. 241-17, 12-5-2017)

9-13C-5: MINOR HOME BASED BUSINESSES:

Home based businesses which meet the conditions listed in subsection 9-13C-3B of this article, shall be defined as "minor home based businesses". (Ord. 241-17, 12-5-2017)

9-13C-6: MAJOR HOME BASED BUSINESSES:

Home based businesses which are approved in accordance with subsection 9-13C-3C of this article, shall be defined as a "major home based business", and are subject to requirements and conditions determined by the Planning Commission, as documented in a conditional use permit. The conditions listed in section 9-13C-4 of this article can be modified by the Planning Commission; provided, that section 9-13C-1 of this article is met. (Ord. 241-17, 12-5-2017)

9-13D-1: ADDITIONAL APPLICATION REQUIREMENTS:

In addition to other application requirements of this chapter, the required conditions listed in this article must be met. (Ord. 172-04, 3-2-2004)

9-13D-2: REQUIRED CONDITIONS:

A. Permitted Use: A residential facility for persons with a disability or elderly persons is allowed as a conditional use in any zone where residential dwellings are allowed.

B. Renewal : All residential facility for persons with a disability or elderly persons conditional use permits shall be good for one year, unless a lesser time is specified, and shall be renewable at the time the business license is renewed. Permits may be automatically renewed by the planning commission or city council, or their designated agent, without additional review, unless otherwise specified by the approving body on the permit; and provided, there have been no reported violations, complaints or detrimental matters which might require reconsideration of the permit. If the permit is not renewed, then the applicant desiring a permit shall follow the same procedure required for an initial application. (Ord. 172-04, 3-2-2004)

9-13D-3: RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY; FACILITY REQUIREMENTS:

A. Code Compliance: The facility shall meet all building, safety and health codes applicable to similar dwellings.

B. Security: For residences for persons with a disability that are substance abuse facilities and which are located within five hundred feet (500') of a school, the operator of the facility shall provide assurances that the residents of the facility will be properly supervised on a twenty four (24) hour basis and shall provide other reasonable twenty four (24) hour security measures.

C. State License: The facility shall be licensed or certified by the state department of human services or the state department of health.

D. Parking: A minimum of two (2) off street parking spaces, plus one off street parking space for each staff member other than the resident manager or houseparents shall be provided.

E. Residential Character Maintained: The facility shall be capable of use as a residential facility for persons with a disability without structural or landscaping alterations that would change the structure's residential character.

F. Dispersal Throughout City: Residential facilities for persons with a disability shall be reasonably dispersed through the city.

G. Voluntary Placement: Placement in a residential facility for persons with a disability shall be on a strictly voluntary basis and not a part of or in lieu of, confinement, rehabilitation or treatment in a correctional facility.

H. Nontransferable Permit And License; Failure To Comply: The conditional use permit and business license granted in accordance with the provisions of this article is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for persons with a disability, or if the structure fails to comply with the building, safety and health codes or the requirements of this title. (Ord. 172-04, 3-2-2004)

I. Business License Required: These facilities must be licensed with a city business license and any renewals thereof, subject to the inspection and prior approval of the health department and the building inspector. (Ord. 172-04, 3-2-2004; amd. 2013 Code)

J. Threatening Tenants Prohibited: No residential facility for persons with a disability shall be made available to any individual whose tenancy therein would constitute a direct threat to the health or safety of other individuals, or would result in substantial physical damage to the property of others unless proper security measures are taken. (Ord. 172-04, 3-2-2004)

9-13D-4: RESIDENTIAL FACILITY FOR ELDERLY PERSONS; FACILITY REQUIREMENTS:

A. Operation As Business Prohibited: A residential facility for elderly persons may not operate as a business.

B. Ownership; Occupancy And Code Compliance: A residential facility for elderly persons shall:

1. Be owned by one of the residents or by an immediate family member of one of the residents, or by a charitable or beneficial organization, including a facility for which the title has been placed in trust for a resident;

2. Be occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement; and

3. Conform with all safety, zoning and building codes.

C. Charging Fee Does Not Constitute A Business: A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility.

D. Distance To Existing Facilities: No residential facility for elderly persons shall be established within three-fourths (3/4) mile of another existing residential facility for elderly persons or residential facility for persons with a disability.

E. Administrative Costs And Charges: The owner of a residential facility for elderly persons may not charge residents administrative costs or salaries greater than fifteen percent (15%) of that fee.

F. Records Of Fees Maintained: A person charging a fee shall:

1. Keep a record of all expenses and costs related to the fee; and

2. Make that record available for inspection by any resident of the facility, the state department of human services and city building or zoning officials.

G. Parking: A minimum of one off street parking space for each adult resident person or married couple shall be provided.

H. Residential Character Maintained: The facility shall be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character.

I. Prohibited Tenants: No person being treated for alcoholism or drug abuse shall be placed in a residential facility for elderly persons.

J. Voluntary Placement: Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.

K. Nontransferable Permit And License; Failure To Comply: The conditional use permit and business license granted in accordance with the provisions of this title is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with the building, safety and health codes or the requirements of this title.

L. Discrimination Prohibited: The decision by the city regarding an application for a conditional use permit for a residential facility for elderly persons shall be based upon legitimate land use criteria and shall not be based upon a general discrimination against the grouping of elderly persons in such a facility or because of age and its attendant characteristics. Upon application for a conditional use permit in any area where residential dwellings are allowed, the city shall determine only whether or not the facility conforms to city zoning ordinances. If the city determines that the facility complies with the ordinances, it shall grant the requested permit. (Ord. 172-04, 3-2-2004)

9-13E-1: ADDITIONAL APPLICATION REQUIREMENTS:

In addition to other application requirements of this chapter, the required conditions listed in this article must be met. The requirements of title 5, chapter 2 of this Code must be met as a condition of approval of a conditional use permit. (Ord. 212-12, 11-13-2012)

9-13E-2: CONDITIONS:

Kennels may be permitted as a conditional use in any RE20, RE50, RE20 R/R and AG Zones; provided, that the following requirements are met and, in the opinion of the Planning Commission or City Council, it would not be detrimental to the neighborhood in which it is located: (Ord. 212-12, 11-13-2012)

A. Lot Requirements:

1. Kennels located in residential zones must be on the same lot as the residence of the dog owner. Kennels located in agricultural zones must be monitored and attended to daily.

2. Lots between 0.5 acre and one (1) acre in size may be approved for up to four (4) adult dogs.

3. Lots greater than one (1) acre in size may be approved for up to ten (10) adult dogs. (Ord. 236-17, 5-16-2017)

B. Health Codes: The kennel and the dogs kept therein shall meet all provisions of the State and County health codes and shall comply with title 5, chapter 2 of this Code.

C. Maximum Number: A maximum of ten (10) dogs over one (1) year in age may be kept, together with one (1) dog up to one (1) year in age, and dependent young up to four (4) months in age.

D. Use Of Dogs: The dogs kept in the kennel are to be used for the showing of dogs in formally recognized dog shows, the training of dogs for field trials, obedience, tracking and other purposes, or for recreational and sporting purposes.

E. Shelter: The applicant shall provide dog runs with a shelter to protect the animals from foul weather and excessive exposure to natural elements. Said runs shall be designed to prevent the escape of any dog contained therein. (Ord. 212-12, 11-13-2012)

F. Distance To Adjacent Residence: The dog runs shall be located a minimum of one hundred feet (100') from main buildings on an adjacent lot. (Ord. 212-12, 11-13-2012; amd. 2013 Code)

G. Registration Of Dogs: Dogs must be registered with AKC, UKC or be a field dog.

H. Screening; Setbacks:

1. The kennel will not pose a nuisance to neighboring property owners and may be given special consideration as to screening and setbacks. (Ord. 212-12, 11-13-2012)

2. In no case shall any kennel be located less than one hundred feet (100') from any public street or main dwelling on adjacent lot, and not less than ten feet (10') from any side or rear lot line. (Ord. 212-12, 11-13-2012; amd. 2013 Code)

I. Breeding:

1. All puppies born of breeding activities in a kennel may be kept until they reach four (4) months of age. When the puppies reach four (4) months, they shall be considered adult dogs and shall be removed if the owner of the kennel already has his or her full complement of adult dogs, unless the owner removes an existing adult dog to make room for the new adult dog.

2. Breeding activities shall be conducted in a humane, sanitary and safe manner which does not disturb other residents. (Ord. 212-12, 11-13-2012)