(a)

Conditional uses are land uses that are considered by the city to be essentially desirable, necessary or convenient to the community, but by their nature or their operation may generate large amounts of traffic; may attract a large number of persons to the site of the use, thus creating noise or other pollutants; may have a detrimental effect upon the value or potential development of other properties in the neighborhood; or a potential for accidents or danger to public health or safety. These uses require the consideration and exercise of planning judgment on location and site planning.

(b)

It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationship to other land uses. These uses location shall not be in conflict with the comprehensive plan. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety and general welfare. Such land uses and developments are identified in each particular zoning district under conditional uses.

(Code 2006, § 405.445; Code 2008, § 405.445; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

The request for a conditional use permit may be initiated by a verified application of one or more of the owners of record or owners under contract of a lot or tract of land or their authorized representatives or by the planning and zoning commission or the board of aldermen upon filing of a resolution of intention. Procedures for application, review and approval of a conditional use permit shall be as follows:

(1)

Application. Application for a conditional use permit for a specific tract of land shall be addressed to the planning and zoning commission and filed with the planning department. The application shall be filed on forms prescribed for that purpose by the commission and be accompanied by the following:

a.

Filing fee as established by the board of aldermen and set out in the city fee schedule.

b.

Legal description of the property.

c.

Property survey, boundary plat or a parcel map obtained from the county assessor's office or the city geographical information system.

d.

A development plan, either in narrative form or a preliminary site plan, to indicate the intended use of the property. (Site plan should include the requirements of article VII in this chapter.)

e.

A recent certificate of title or deed to the property indicating ownership.

f.

A verification by the applicant of the truth and correctness of the contents of the application.

(2)

Public hearing. All applications shall be subject to a public hearing before the planning and zoning commission. The public hearing shall be held within 45 days of the community development director's receipt of a completed application meeting all application requirements. Any such hearing may, for good cause at the request of the applicant or in the discretion of the commission, be continued. The public hearing requirements shall be the same if a petition for a conditional use permit is initiated by resolution of intention by the planning and zoning commission or the board of aldermen.

a.

The planning and zoning commission will be responsible for acquiring names of all property owners of record within 300 linear feet of the property for which a conditional use permit has been requested. Such notices will be mailed by the planning and zoning commission prior to the hearing.

b.

The community development director will placard the property with notice of the public hearing prior to the hearing.

(3)

Burden of proof. In presenting an application for a conditional use permit, the burden of proof shall rest with the applicant to provide any necessary evidence to clearly indicate that the proposed conditional use shall meet the following criteria:

a.

The proposed conditional use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations.

b.

The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.

c.

The proposed conditional use will not cause injury to the value of other property in the neighborhood in which it is to be located.

d.

The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it and the location of the site with respect to streets giving access to it such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations or the city's comprehensive plan. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:

1.

The location, nature and height of buildings, structures, walls and fences on the site; and

2.

The nature and extent of proposed landscaping and screening on the site.

e.

Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations.

f.

Adequate utility, drainage and other such necessary facilities have been or will be provided.

g.

Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys in conformance with the city's access guidelines in the transportation master plan.

h.

Adequate provisions for internal traffic and pedestrian traffic are made.

(4)

Approval or denial of application.

a.

Subsequent to the aforementioned public hearing, the planning and zoning commission shall either recommend that the board of aldermen approve (including any conditions of approval) or deny the application and state the reasons therefor.

b.

In making its recommendation to the board of aldermen on those developments and uses for which the evidence submitted, as required in subsection (3) of this section, the planning and zoning commission may recommend approval of developments and uses that:

1.

Are consistent with good planning practice.

2.

Can be operated in a manner that is not detrimental to the permitted uses in the district.

3.

Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.

4.

Will not significantly increase traffic congestion or other hazards.

5.

Will not increase fire hazards.

6.

Will not overtax public utilities at the desired intensity of use.

7.

Will not injure the value of neighboring property or create limitations on the future development of neighboring properties.

8.

Comply with the recommendations of the city's comprehensive plan or any sub-area plans that are applicable to the neighborhood or sector of the city.

If the facts of the case do not establish that the standards set forth in this chapter will be met, the planning and zoning commission shall recommend that the board of aldermen deny the request.

c.

In recommending approval of conditional use permit applications, the planning and zoning commission may recommend such conditions as it determines necessary to meet the aforementioned standards. These conditions may include, but not necessarily be limited to, the following:

1.

Permitted uses, including maximum floor area.

2.

Performance standards.

3.

Height limitations.

4.

Minimum yard requirements.

5.

Off-street parking and loading requirements.

6.

Sign regulations.

7.

Minimum requirements for site development plans.

8.

Time limitations for duration of the use or subsequent review.

9.

Architectural elevations of any proposed structures.

10.

All proposed landscaping.

These and any other conditions deemed necessary by the commission may be made more restrictive than the minimum requirements of the respective zoning district within which the conditional use will be located.

d.

If for any reason the planning and zoning commission is unable to make a recommendation for either approval or denial to the board of aldermen on an application for a conditional use permit, the planning and zoning commission's failure to make a recommendation shall be deemed to be a recommendation of denial and the application may be forwarded to the board of aldermen without an explicit recommendation or report, provided that in the event the commission is unable to make a recommendation, any member or group of members that form less than a quorum of the planning and zoning commission may make a statement of recommendations on the application, which may be received by the board of aldermen as evidence at the board's public hearing on the petition.

(5)

Board of aldermen review of decision. The board of aldermen shall review the planning and zoning commission's recommendation on an application for a conditional use permit at the regularly scheduled meeting of the board of aldermen pursuant to the report of the planning and zoning commission on the application as received.

a.

Public hearing by the board of aldermen. Before initiating any review or acting on any protest pursuant to section 405.950, the board of aldermen shall set the matter for hearing. The applicant in person (or by agent or attorney), any citizen of the city and all other parties of interest shall be permitted to speak at the hearing.

b.

Board of aldermen decision. Following the hearing by the board of aldermen, the board by resolution may approve or deny an application for a conditional use permit and in doing so may adopt, reject or modify, in whole or in part, any recommendation of the planning and zoning commission. The board's decision shall be based on its determinations as to whether the proposed conditional use:

1.

Is consistent with good planning practice.

2.

Can be operated in a manner that is not detrimental to the permitted uses in the district.

3.

Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.

4.

Will not significantly increase traffic congestion or other hazards.

5.

Will not increase fire hazards.

6.

Will not overtax public utilities at the desired intensity of use.

7.

Will not injure the value of neighboring property or create limitations on the future development of neighboring properties.

8.

Complies with the city's comprehensive plan or any sub-area plans that are applicable to the neighborhood or sector of the city.

9.

Has been shown by applicant to satisfy the criteria of subsection (3) of this section.

10.

Necessitates the board's imposition of conditions to ensure that the proposed use meets, and will continue to meet, the standards set forth in this article.

c.

Decision in writing. Decisions of the board of aldermen on a conditional use permit shall be in the form of a resolution adopted by the board and shall include or be accompanied by a concise, written statement of the reasons on which the board bases its decision.

(6)

Permit effective when. A conditional use permit or an amendment thereto shall become effective upon the board of aldermen's adoption of a resolution approving the conditional use. In the event that a conditional use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.

(7)

Notice of denial. Upon denial by the board of aldermen of an application for a conditional use permit, the community development director shall give written notice of its decision by delivering or mailing such notice to each party or his attorney of record and shall upon request furnish him with a copy of the resolution, decision or written statement of the reasons on which the board based its decision.

(8)

Effect of denial. No subsequent application for the same use with reference to the same property or part thereof concerning the same conditional use shall be filed by any applicant until the expiration of 12 months after the denial becomes final. Although the applicant is restrained from reapplying for a 12-month period, no provision herein shall be construed to prevent the commission or the board of aldermen from initiating the procedure provided in this section by a resolution of intention at any time within that 12-month period or later.

(Code 2006, § 405.450; Code 2008, § 405.450; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1155, § 1, 7-8-1992; Ord. No. 1200, § 7, 12-22-1993; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3027, § 1, 9-23-2009; Ord. No. 3177, §§ 1, 5, 8-24-2011)

(a)

Protest by nearby property owners to decision. In case a protest against the planning and zoning commission's recommendation for approval of a conditional use is presented, such conditional use shall not become effective except by the favorable vote of two-thirds of all of the members of the board of aldermen (i.e., four of the six members vote in favor).

(b)

Form of protest. To be sufficient, a protest must:

(1)

Be duly signed, notarized and acknowledged by the owners of more than 30 percent of the area of land (exclusive of public streets and alleys) included in such proposed conditional use; or of the owners of 30 percent of the land within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the property upon which the conditional use will be located;

(2)

Be filed in writing and in duplicate with the city clerk and the planning and zoning commission within the ten days following the planning and zoning commission's decision;

(3)

Be accompanied by the signatures and addresses of the property owners involved; and

(4)

Include a notarized verification from the persons collecting the protesters' signatures that all signatures are correct and real. Protesters' signatures and printed names shall match the record of property ownership within the county recorder of deeds office. The protest shall specifically state how the application, as initially filed or subsequently modified, meets (or fails to meet) the criteria set forth in this chapter.

(Code 2006, § 405.455; Code 2008, § 405.455; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3027, § 2, 9-23-2009)

As a condition of approval of the conditional use permit, the planning and zoning commission (or the board of aldermen) may require a deposit, by the applicant, with the community development director as a performance guarantee, in the form of cash, certified check, or other form of surety acceptable to the board of aldermen, in an amount sufficient to insure performance of any obligations of the applicant to make any improvements shown upon the site plan accompanying the conditional use permit application, or attested to in any other accompanying documents.

(1)

Amount. The amount of the deposit shall be established by the community development director and shall be sufficient to insure completion of the improvements within the time period specified by the approval.

(2)

Legal form. The selected performance guarantee shall be reviewed and approved by the city attorney as to legal form.

(3)

Release of guarantee. The community development director shall refund to the applicant, after verification, amounts of any deposits equivalent to the ratio of the work completed to the entire improvements secured. Such refunds shall not exceed 95 percent of the total deposit held. Upon completion of all the secured improvements in conformance with all applicable city standards and specifications, verified by the community development director, the final five percent shall be released.

(Code 2006, § 405.460; Code 2008, § 405.460; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

In order to amend an existing conditional use permit, the application procedures, required materials, approval process, and appeal process shall be the same as for a new permit.

(Code 2006, § 405.465; Code 2008, § 405.465; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

Conditional use permits shall be valid for an unlimited period subject to the requirements of section 405.990 unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the planning and zoning commission, which may extend it for an unlimited period or for a specified additional period of years.

(Code 2006, § 405.475; Code 2008, § 405.470; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

Unless otherwise stated in the conditions of a particular conditional use permit, substantial work, construction or operation of the conditional use where construction is not required shall commence within one year of the effective date of the permit unless such time period is extended through appeal to and approval by the board of aldermen. If no appeal is made or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the one-year period. When the conditional use permit commences, evidence of commencement will be the issuance of a building permit, if construction is required, or an occupancy permit, if construction is not required. Notwithstanding anything herein to the contrary, for any conditional use permit approved with a site plan, where the board of aldermen grants an extension of site plan approval pursuant to section 405.880, that extension shall automatically extend the conditional use permit approval for the same period of time.

(Code 2006, § 405.480; Code 2008, § 405.480; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3027, § 3, 9-23-2009)

Upon a finding that an approved conditional use permit will or has become unsuitable or incompatible in its location as a result of any nuisance or activity generated by the use through non-compliance with any of the conditions attached to its approval, the board of aldermen reserves full authority to revoke the approval at any time.

(Code 2006, § 405.485; Code 2008, § 405.485; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3027, § 4, 9-23-2009)

All conditional use permits shall be approved for the originating applicant for a specific location and may not be transferred to any other location by that applicant. Should the business or use for which the conditional use permit was sought be transferred to a different ownership, a renewal of the original conditional use permit shall be required.

(Code 2006, § 405.490; Code 2008, § 405.490; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1199, § 1, 12-22-1993; Ord. No. 1805, § 1, 11-28-2001)

(a)

Extraction of minerals, including sand and gravel.

(1)

Setbacks.

a.

For buildings, parking, storage and other structures.

1.

Front yard. No less than 50 feet.

2.

Side yards. No less than 50 feet.

3.

Rear yards. No less than 50 feet.

b.

Excavations. No material shall be extracted from the ground within 100 feet of the right-of-way of any public street, road or highway, at any depth, nor within 50 feet of any property line, at any depth.

(2)

Height. No structure, building or outside storage of extracted materials shall exceed 60 feet in height or three stories, whichever is less.

(3)

Parking. Parking requirements shall be in accordance with the requirements of article V of this chapter as applicable in relation to the requirements of this section.

(4)

Landscaping.

a.

A buffer of trees and shrubs of such density to obscure visible evidence of extraction activities from adjoining property, not less than 20 feet in depth, shall be maintained along all boundaries of such use, excepting at established entrances and exits. To the extent that office buildings or other structures effectively screen the extraction site or outside storage, the planning and zoning commission may reduce this requirement.

b.

Existing vegetation may be used in combination with additional supplementary plantings where required in complying with the requirements of this section.

c.

Any and all plant materials shall be maintained thereafter for the life of the use at the expense of the owner. Withered or dead plant material shall be replaced within a reasonable period of time, but not longer than one growing season.

(5)

Washing. No washing of gravel is permitted unless a filtration system, approved by applicable federal and state agencies, is provided to prevent pollution of nearby streams.

(6)

Use of public roads. No public street, road or highway will be used for hauling without specific permission of the planning and zoning commission.

(7)

Performance guarantees. A surety, acceptable to the board of aldermen and approved by the city attorney as to form, shall be posted with the community development director to guarantee:

a.

Reclamation of the excavation within a period of six months following cessation of excavation operations so that all banks shall have not more than a three foot to one foot slope.

b.

All public roads used for the purposes of materials hauling shall be maintained at the expense of the applicant on an as needed basis for the life of the use and shall be returned to city specifications at the termination of excavation operations.

The amount of the surety shall be established by the community development director and approved by the board of aldermen.

(b)

Asphalt and concrete plants.

(1)

Minimum lot size. Five acres.

(2)

Setbacks.

a.

For buildings, parking, storage and other structures. All yard setbacks shall be 50 feet, as regulated in subsection (a)(1)a of this section.

b.

Processing. All asphalt or concrete processing shall be conducted no closer than 300 feet of any property line or 500 feet of any existing residence or commercial structure.

(3)

Height. No structure, building or outside storage of materials shall exceed 60 feet in height.

(4)

Parking. Parking requirements shall be in accordance with the requirements of article V of this chapter as applicable in relation to the requirements of this section.

(5)

Landscaping. Landscaping required shall be in conformance with subsection (a)(4) of this section.

(6)

Use of public roads. No public road, street or highway shall be used for hauling, either raw materials or finished products, without specific permission of the planning and zoning commission.

(7)

Environmental standards. All such uses shall comply with the environmental performance standards outlined in article IV of this chapter, as well as all applicable state and federal regulations.

(8)

Performance guarantee. A surety, acceptable to the board of aldermen, and approved by the city attorney as to form, shall be posted with the community development director to guarantee that all public roads used for hauling shall be maintained at the expense of the applicant on an as needed basis for the life of the use and shall be returned to city specifications at the termination of the use. The amount of surety shall be established by the community development director and approved by the board of aldermen.

(c)

Crematoriums.

(1)

Facilities shall meet all applicable federal, state, and local requirements or regulations for incineration equipment and shall be licensed at all times.

(2)

All storage shall be inside. No outside storage shall be permitted.

(3)

Incinerator stacks shall be placed on the rear of the building and designed and constructed with masonry facades to resemble a typical masonry chimney, or exterior material architecturally compatible with the primary building.

(4)

Incinerators shall be used only for the incineration of corpses, human or animal, to ashes and shall not be used to dispose of any other materials, including toxic, hazardous, infectious, or narcotic materials.

(5)

The crematorium shall only be used as an accessory use in conjunction with the mortuary establishment on site or under the same ownership.

(6)

Nothing herein shall authorize use of land associated with the use of a crematorium for burial or interment of the dead in a grave, mausoleum or columbarium; such a use shall only be allowed in a zoning district permitting a cemetery and in compliance with all regulations pertaining to a cemetery.

(d)

Greenhouse/nursery, landscape material.

(1)

Setbacks. Buildings and structures setbacks shall be governed by the underlying zoning district regulations. Outdoor storages areas, outdoor display areas, equipment storage areas and other areas of use shall comply with the following unless further modified by the planning and zoning commission:

a.

Front yard. No less than the underlying district front yard.

b.

Side yards. No less than ten feet.

c.

Rear yard. No less than 30 feet when adjacent to any residential district. Ten feet when adjacent to any commercial or industrial district.

(2)

Parking/loading. Parking requirements for customers and automobiles shall be in accordance with the requirements of article V of this chapter as applicable in relation to the requirements of this section except that areas used for storage and maneuvering of landscaping equipment or product inventory and materials need not have Portland concrete or asphaltic concrete surfaces but shall be constructed and maintained with a non-dust producing surface adequate for all-weather use and be adequately drained. All driveways and access points to public or private streets shall be paved. All parking areas and drive aisle areas required to serve customers or used by motor vehicles or delivery vehicles shall be paved. Loading zones shall be designated for both delivery service and for merchandise pickup. All loading zones shall be located on site. The outdoor storage or display areas shall not be located in areas intended for traffic circulation or pedestrian access as identified on the site plan.

(3)

Landscaping/appearance.

a.

When located adjacent to residential zoning, such use shall maintain a buffer of trees and shrubs of such density to obscure visible evidence of storage activities from adjoining property, not less than 20 feet in depth along all boundaries of such use, except at established entrances and exits. To the extent that office buildings or other structures effectively screen the outside storage, the planning and zoning commission may reduce this requirement. Existing vegetation may be used in combination with additional supplementary plantings where required in complying with the requirements of this section. Minimum height of screening shall be six feet.

b.

Any and all permanent landscaping and product inventory plant material shall be maintained thereafter for the life of the use at the expense of the owner. Withered or dead plant material shall be replaced within a reasonable period of time, but not longer than one growing season.

c.

Outdoor display or storage areas shall be maintained in a neat and orderly fashion.

d.

Greenhouses shall be maintained in good operating condition.

e.

All outside storage or display of planting materials (such as soils, mulch, sand and peat moss, bagged goods, decorative rocks, gravel, nutrients, pest sprays, chemicals and similar items) shall be screened from view off site. The planning and zoning commission may review and approve outdoor display of merchandise and goods for lease or sale at retail/wholesale without screening and in public view, subject to review and approval of the conditional use permit with locations indicated upon the site plan.

f.

Lot coverage of outdoor product inventory shall not exceed 60 percent of the total lot area excluding building/structures, required landscape buffers, drive aisles and public parking fields.

(4)

Debris on public roads. The permittee shall not allow any material hauled from its site to litter any adjacent public street, road or highway and any such debris shall be immediately cleaned up by the permittee. The permittee shall be responsible for any mud, landscape material or other debris carried onto or dropped on adjacent streets from invitees to the site.

(5)

Hours of operation. Any use adjacent to a residential district shall be restricted in operations to between the hours of 7:00 a.m. and 9:00 p.m. daily unless otherwise approved in the approving ordinance.

(6)

Outdoor loudspeakers. No outdoor loudspeakers in connection with the operation of the use shall be audible outside the boundaries of the garden center property. Speakers shall be directed away from residential areas.

(7)

Compatibility with surrounding land uses. The planning and zoning commission shall have the authority to evaluate the proposed use for its compatibility with the surrounding land uses, in particular with residential uses, and to establish conditions related to the following factors:

a.

Hours of operations;

b.

Noise (same as above, performance standards);

c.

Lighting and glare;

d.

Setbacks;

e.

Access points and loading docks;

f.

Truck traffic;

g.

Fencing and screening; and

h.

Other impacts related to compatibility of the proposed conditional use.

(8)

Signs. One sign not to exceed 12 square feet may be permitted for each individual product display area. Signs shall be unlit and shall not exceed six feet in overall height. Directional signs within the display area may be permitted but shall have no advertisement information upon them. All sign locations shall be labeled upon the site development plan.

(9)

Site plan required. The applicant shall provide a site plan, applicable to requirements of this section and standards within section 405.810 as applicable indicating the location of all site improvements, drive isles, parking and products/inventory storage areas.

(10)

Height of displayed material. Stacked display items or bagged goods shall not exceed a height of six feet above average grade.

(11)

Product/equipment placement. No product or equipment shall utilize a required parking space, shall be located within a required landscape area or shall be stored in a required drive isle or pedestrian walk as documented on the provided site plan.

(e)

Wind farm.

(1)

Tower type. Only monopole towers are permitted (no lattice structures).

(2)

Setbacks. The minimum setback distance between each wind energy conversion system (WECS) tower and all surrounding property lines, overhead utility or transmission lines, other WECS, electrical substations, meteorological towers, public road rights-of-way, dwellings, schools, hospitals, churches, public libraries, or parking lots shall be equal to no less than the sum of the WECS plus the rotor radius.

(3)

Electrical wires. All electrical wires associated with a WECS, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires shall be located underground.

(4)

Access.

a.

All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

b.

The WECS shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above surrounding grade.

(5)

Lighting. A WECS and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(6)

Appearance, color and finish. The WECS shall remain painted or finished the color or finish that was originally applied by the manufacturer.

(7)

Signs. All signs, other than the manufacture's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building or other structure associated with a WECS visible from any public road shall be prohibited.

(8)

Fencing. Security fencing is required surrounding a tower and all other mechanical equipment associated with a WECS. This requirement may be waived if site is already fenced per code.

(9)

Abandonment. If the WECS remains non-functional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment.

(f)

Reserved.

(Code 2006, § 405.495; Code 2008, § 405.495; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1200, § 8, 12-22-1993; Ord. No. 1614, § 1, 3-23-2000; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 2809, § 5, 11-28-2007; Ord. No. 2938, § 1, 10-22-2008; Ord. No. 2011-3178, § 7, 8-24-2011; Ord. No. 3369, § 5, 2-26-2014; Ord. No. 4123, § 6, 9-23-2020)