It is the intent of this Title to provide for the issuance of conditional use permits to allow for the specialized use within zoning districts of certain normal and complementary uses to that of the principal use of the zoning district. (Ord. 91-9, 6-4-1991)

   A.   Uses Requiring Conditional Use Permit: Certain uses of land within designated zoning districts shall be permitted as principal uses only upon issuance of a conditional use permit. Subject to the requirements of this Title, other applicable ordinances and, where applicable to additional standards established by the City Council, a conditional use permit for such uses may be issued. (Ord. 94-14, 1-3-1995)

   B.   Nonconforming Uses: Any building, structure or use existing on the effective date hereof for the zoning district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by the zoning district, and its continuance shall not be subject to issuance of a conditional use permit; however, to the extent that such use fails to conform to the requirements of the zoning district, it shall be considered nonconforming and its continuance shall be governed by all nonconforming use regulations applicable thereto.

   C.   Transferability Of Permit; Responsibility Of Owners:

      1.   Conditional use permits for development or for the extension, enlargement or change of a nonconforming use or which are otherwise required under the terms of this Title shall be transferable and shall run with the land upon the issuance of an occupancy permit signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied. The maintenance of special conditions imposed by the permits, as well as compliance with other provisions of the zoning district, shall be the responsibility of the property owner. (Ord. 91-9, 6-4-1991)

      2.   Every conditional use permit issued shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. However, the City Council may approve the transfer of the conditional use permit to another owner. Upon issuance of an occupancy permit for the conditional use, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the conditional use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance or special conditions imposed by the permit, as well as compliance with other provisions of the zoning district, shall be the responsibility of the property owner. (Ord. 91-9, 6-4-1991; amd. Ord. 94-14, 1-3-1995)

   D.   Term Of Permit: Every conditional use permit issued, including a permit for a mobile home park shall automatically lapse and be of no effect one year from the date of its issue unless the permit holder is actively engaged in developing the specific property to the use for which the permit was issued. (Ord. 91-9, 6-4-1991)

   E.   Review Of Permit; Revocation: Conditional use permits shall be reviewed, from time to time, by City personnel. All conditional use permits will be formally reviewed annually by the City Council. In the event that any or all of the conditions of the permit or this Title are not adhered to, the conditional use permit will be subject to revocation. (Ord. 94-14, 1-3-1995)

   A.   Filing Of Application; Fee: Application for a conditional use permit shall be filed with the City Clerk by the owner or lessee of the proposed building, structure or use on forms furnished for the purpose; provided, however, that the owner must approve a lessee's application. A filing fee shall be paid by the applicant to defray the costs for reviewing and reporting of the facts, in accordance with a fee schedule maintained by the City. (Ord. 91-9, 6-4-1991)

   B.   Contents: The application shall be full and complete and shall be accompanied by a detailed site plan showing all information necessary to demonstrate that the proposed use will comply with special conditions as well as other regulations and requirements of this Title. The applicant shall furnish the City Council any additional information it may consider relevant to its investigation of the case. (Ord. 94-14, 1-3-1995)

   A.   City Council Review And Investigation: The City Council shall review the application and supporting data and make such site inspections and other investigations as it deems necessary.

   B.   Issuance Or Denial Of Permit: It is the express intent of this Title that any use for which a conditional use permit is required shall be permitted as a principal use in the particular zoning district; provided, that all special conditions and requirements of this Title are met. The City Council may consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of the buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated and the influence that such factors are likely to exert on adjoining properties. The City Council may make such suggestions it considers desirable and may provide guidance to the applicant in his preparation of application, plans, and data in such a manner as to satisfy the intent of this Chapter. The City Council shall make the final determination on the conditional use permits.

      1.   If the City Council approves the application, it shall issue a conditional use permit setting forth all conditions and requirements governing such use, and shall make the approved site plan a part of the record of the case. Failure of the applicant to comply with the conditions and safeguards which are a part of the terms under which a conditional use permit is granted shall be deemed a violation of this Title and grounds for revocation of the conditional use permit.

      2.   If the City Council finds that the application and supporting data does not indicate that all applicable conditions and requirements for a conditional use permit will be met, it shall deny the permit. Notice of denial, including reasons therefor, shall be mailed to the applicant at the address shown in the application.

      3.   At any time following receipt of notice of denial of application for conditional use permit, the applicant shall have the privilege of reactivating the case by making such modifications of proposal or plans or submitting such additional information, as the City Council may have determined was required for approval. In addition, if the applicant believes that the conditional use permit was denied or conditioned upon an error of law and/or fact, the applicant may petition the Council for reconsideration. Said petition must be filed within ten (10) days of the Council's actions and shall set forth with particularity the alleged error of law and/or fact. The matter shall be placed on the agenda for a special or regular Council meeting within twenty (20) days of the date of filing. At such meeting, the City Council may reconsider the matter in such fashion as it deems appropriate or may deny such reconsideration; however, no new evidence may be introduced. It shall take the concurrence of at least four (4) members of the City Council to reverse or modify its previous action. (Ord. 94-14, 1-3-1995)

The City Council shall first hold a public hearing prior to approval or denial of a conditional use permit other than a home occupation permit. Upon the filing of an application for a conditional use permit other than a home occupation, the City staff shall set the matter for hearing not later than thirty five (35) days thereafter. After the time and place have been established by the City staff, notice of the hearing shall be sent by mail at least ten (10) days before the hearing to the owners of the property within three hundred feet (300') of the exterior limits of the property involved as shown by the latest assessment roles of the City. Notice by mail to the last known address of the real property owners as shown by the Assessor's records shall be sufficient. Applications must be filed at least twenty (20) days before the City Council hearing. Legal notice shall be placed in a newspaper of general circulation within the City at least ten (10) days prior to the date of the public hearing. (Ord. 94-14, 1-3-1995)

   A.   Types:

      1.   Type "A" Home Occupation Permits are for those proposed uses which are based on limited business activities in which the residence and related address is used primarily for the provisions of physical addressing for licensing purposes at the Local and State level and/or for performing minimal office type activities related to the business.

         a.   Type A permits would include the following uses or those which are similar in nature that primarily involve freelance activities using the internet and apps to provide services and have negligible to no effect on the surrounding neighborhood:

            i.   Ride share services such as Uber or Lyft

            ii.   Freelance consulting, accounting, computer programming, graphic design, writing and/or marketing all with a limited number of clientele and tasks

            iii.   Delivery drivers such as those associated with Amazon Flex, Uber Eats, GrubHub or DoorDash

            iv.   Cybersecurity testing services

            v.   Limited telemarketing services such as Fiverr

      2.   Type "B" Home Occupation Permits are for those proposed uses that fall into a more traditional home occupation that may involve potential impacts to the surrounding neighborhood that require additional review as well as input from the surrounding property owners.

         a.   Type B permits would include the following uses or those which are similar in nature which may involve more substantial use of the applicants property resulting in impacts to neighboring properties such as the need for some outdoor storage of materials and/or equipment in addition to increases in vehicular traffic, addition of signage, etc., which promotes or results in disturbances to the neighborhood and surrounding properties:

            i.   Handyman repair services

            ii.   Office activities related to physical off-premises business (i.e. off premise storage/rental units)

            iii.   Lawn care services

            iv.   Newspaper publishing via online/office activities (printing of paper media or the like prohibited).

            v.   Limited auto services such as window tinting and auto detailing (mechanic services prohibited).

            vi.   Limited party rental services for inflatable play houses, slides, tables, chairs, linens, etc.

   B.   Application For Type A Home Occupation Permit:

      1.   Filing And Notice:

         a.   Type A: All applications for Type A home occupations shall be filed with the city clerk on the appropriate city approved form and reviewed by either the city manager or the city clerk for an administrative decision regarding suitability of meeting the Type A approved uses. Type A applications can be made by the applicant using their owned residence or a rental property such as an apartment unit, a rented home, etc., as the applicant's residence with approval of the owner/manager.

      2.   Approval Or Denial; Appeal:

            a.   Either the city manager or the city clerk shall review the application and related materials and shall make a determination and an administrative decision based on the application no earlier than ten (10) days after the recorded receipt of the application by the city.

            b.   The decision of the city manager or the city clerk granting or denying a Type A home occupation permit may be appealed, in writing, within ten (10) days of the date of the ruling to the city council for final ruling. Any denial of an application by the city manager or the city clerk shall include, in writing, the reasons for such denial.

      3.   Council Decision: The city council, at the next regular city council meeting which can be properly noticed, shall hear and consider evidence and facts from any persons and shall consider written communications from any persons relative of the Type A home occupation request. The city council shall make a decision granting or denying the appeal after hearing all evidence and facts presented. Such decision is final.

   C.   Application For Type B Home Occupation Permit:

      1.   Filing And Notice:

         a.   Type B: All applications for Type B home occupations shall be filed with the city clerk on the appropriate city approved form and reviewed by either the city manager or the city clerk for an administrative decision regarding suitability of meeting the Type B approved uses.

         b.   After a review and an administrative decision is made for Type B suitability, a notice of each application shall be sent by mail at least ten (10) days prior to the city manager or the city clerk making a decision to approve or deny the application. The notice shall be sent to the owners of the property within three hundred feet (300') of the exterior limits of the property involved as shown by the latest assessment role of the city. The notice shall state that anyone wishing to oppose the application must file a written protest within seven (7) days from the date appearing on the notice with the city clerk setting forth the reason for the opposition. Notice by mail to the last known address of the real property owners as shown by the assessor's records shall be sufficient.

      2.   Approval Or Denial; Appeal:

         a.   Either the city manager or the city clerk shall make a determination on the application no earlier than ten (10) days after notification to the property owners, as provided above, has been given.

         b.   The decision of the city manager or the city clerk granting or denying a Type B home occupation permit may be appealed, in writing, within ten (10) days of the date of the ruling to the city council for a final ruling. Any denial of an application by the city manager or the city clerk shall include, in writing, the reasons for such denial.

      3.   Council Decision: The city council, at the next regular city council meeting which can be properly noticed, shall hear and consider evidence and facts from any persons and shall consider written communications from any persons relative of the Type B home occupation request. The city council shall make a decision granting or denying the appeal after hearing all evidence and facts presented. Such decision is final.

   D.   Applicability; No Transferability: Every home occupation permit issued shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. Permits for home occupations are not transferable and do not run with the land. A home occupation permit shall not be required for providing childcare to fewer than five (5) children in a residence in a residential zone. Further, children within the third degree of consanguinity or affinity to the owner or occupant of the home shall not be considered in determining the number of children being cared for, and a home in which a person provides care for the children of a friend or neighbor for not more than four (4) weeks, regardless of the number of children, shall not be required to obtain a conditional use permit if the person who provides the care does not regularly engage in that activity.

   E.   Conditions Of Permit: Permits issued for home occupation shall adhere to the following criteria:

      1.   Not more than one (1) occupation in any single dwelling unit.

      2.   Such use shall be confined to the occupants of the dwelling. No employee shall be permitted to report to work at such dwelling.

      3.   The sale of goods, samples, materials or other objects shall be confined to those produced on the premises, and in no case shall finished products be brought in from the outside for sale on lot or parcel.

      4.   There shall be no use of any yard space or activity conducted outside the main building.

      5.   No more than one (1) room of the dwelling may be used for home occupation.

      6.   One (1) sign will be allowed and such sign must comply with the provisions set forth in section 7-4-9 and subsection 7-4-10F of this code.

      7.   No addition, alteration or remodeling that would change the residential character of the unit shall be permitted in allowing a home occupation.

      8.   The home occupation shall not generate vehicular traffic measurably in excess of that normally associated with single-family residential use.

      9.   No home occupation which would produce noise, odor, dust, smoke or electrical disturbance or in any way interfere with the peace, contentment and general welfare of the area shall be permitted. (Ord. 2020-01, 10-21-2020)