10-20-1 Permitted Conditional Uses

The following uses shall be permitted only after approval pursuant to the conditional use procedure outlined in section 10-3-9 of this title: A. Conditional Uses: Listed as “C” (conditional use) on Table 1, Land Use Chart contained in subsection 10-12-1A of this title. B. Home Occupations: Pursuant to the review procedure outlined in Title 3, Chapter 1 of this code, establishing permits for home occupations. C. Public Utility Buildings and Structures Permitted: Water, sewer and electric buildings and structures may be constructed in all residential zones subject to the conditional use approval. The planning commission may impose conditions which are reasonably necessary to protect surrounding property values and residential amenities. D. Flag Lot; Minimum Frontage on a Public Street may be Reduced: Except as may be authorized through the approval of a large scale development or flag lot conditional use, each lot shall abut upon a city maintained street. The length of said abutting frontage as measured at the setback line shall not be less than the minimum frontage requirement of the zone; provided, however, that the planning commission may authorize a reduction of the minimum frontage requirement subject to the following conditions: 1. The lot shall not be part of a developing subdivision and will abut the city maintained street for a minimum distance of thirty five feet (35') on a cul-de-sac or twenty eight feet (28') for a flag lot (12 foot minimum hard surface access road with parallel all weather surface shoulders - the sum of the two shall not be less than 8 feet.) The access road and landscaped side yards provide for the minimum emergency equipment access of twenty feet (20') as well as a landscaping buffer. The length of the access road and location of the residence on the lot shall not exceed the four hundred fifty foot (450') minimum distance requirement from the furthest point of the residence to the nearest fire hydrant. Fire officials may require a shorter minimum distance based on varying physical and topographic features. Appropriately sized plant materials are encouraged along the access road. Single lot proposals only shall be considered. 2. The buildable portion of the lot shall comply with the minimum area, width, and setback requirements of the zone. 3. The lot configuration created by the granting of the reduction will not result in an undue adverse condition for the proper development of adjacent properties. 4. Flag lot access roads shall be nondedicated and shall remain the responsibility of the landowners. 5. In the opinion of the planning commission, the reduction of the frontage requirement is necessary to more fully promote the effective and proper development of the city. (Ord., 1-22-2002) E. Building Moving Permit: As required under section 10-19-2 of this chapter, no permit for moving any residential, commercial, or industrial building which has had prior use shall be issued without first receiving conditional use approval. The application for a building moving permit shall contain the following information: (Ord. 04-12-14, 1-11-2005, eff. retroactive to 12-14-2004) 1. Location and address of the old and new sites. 2. Plot plan of the new location showing adjacent lots on all sides of the property and indicating all structures and improvements on said lots. 3. Plans and specifications for the proposed improvements at the new location, including plans for landscaping treatment when required by the commission. 4. Certification by the zoning administrator that the structure is sound enough to be moved and that the condition, location and use of the building will comply with this title and all other applicable codes and ordinances. 5. Said building, and the lot on which the building is to be located, will conform to the requirements of this title and other applicable codes, ordinances and regulations. 6. Its location on the lot does not in any substantial way adversely affect buildings or uses on adjacent properties. 7. All required dedications and improvements for streets, facilities and buildings shall be provided in conformity with the standards of the city. (Ord., 1-22-2002) 8. The applicant must post a bond equal to one hundred twenty five percent (125%) of the estimated cost of construction or other assurance that the building and grounds shall be brought up to the standards of a new building before it is occupied and that the vacated site shall be restored to a safe and sightly condition. (Ord., 1-22-2002; amd. Ord. 04-12-14, 1-11-2005, eff. retroactive to 12-14-2004) 9. The building must be moved, and improvements required to bring the building up to applicable code within one year of receiving approval. The requirements of this provision shall also apply to the moving of existing/remounted homes, manufactured homes and similar movable structures. F. Transitional Uses: Uses which are permitted on either portion of a lot which is divided by a zone boundary line or which is coterminous with a zone boundary line may be permitted to extend to the entire lot, but not more than one hundred feet (100') beyond the boundary line of such zone in which such use is permitted. Before a permit for such a use may be granted, however, the planning commission must find that the general plan of zoning will be maintained and that a more harmonious mixing of uses will be achieved thereby. (Ord., 1-22-2002) G. River Heights City Facilities Use: When a person, entity, or organization rents, leases, or uses a River Heights City-owned public facility continuously for 30 days or more within a year’s time, a conditional use permit is required. The planning commission will assure that the permitted use does not adversely affect or damage the facility and is generally harmonious with the surround area. (6-2022, 6-21-22)