06.01 - Req for Appeal-Dog Boarding-Public Hearing

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Section 17- 7.8ANIMAL HUSBANDRY 1. Pets. Pets shall be properly cared for, shall not be allowed to create problems for neighbors or the City, or become a nuisance, and shall have sanitary standards maintained consistent with Section 17- 7.7(3). Section 17 -7.11 LOADING AND UNLOADING REQUIREMENTS There shall be adequate loading and unloading areas established for each property based on the use. It shall be the property owner's responsibility to ensure that their loading and unloading operations do not interfere with the flow of traffic, create a nuisance or pose a safety hazard. Operations are subject to review by the Planning Commission. Comment. Nagel Road and County Road 11 is a dangerous section of highway wherein congestion at this area will exasperate the conditions. There are no turn lanes or acceleration lanes or by pass lanes to accommodate additional traffic flow at this intersection. ARTICLE 8. SPECIAL PROVISIONS Section 17 -8.6 HOME OCCUPATION 1. General. Each home occupation in the City shall require a permit. Home occupation permits are not transferable to a new owner /renter /occupant, thus the permit will not run with the property, nor be transferable to a different property. 2. Standards. A. All business activities, including storage, shall be inside buildings or completely screened from adjacent properties. B. All activities shall be clearly incidental to the use of the property for residential purposes. Not more than twenty-five percent (25 %) of the gross floor area of the residence or 50% of the gross floor area of a garage or storage building shall be used for commercial purposes. C. No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless said occupation is contained entirely within the principal building and will not require any on- street parking facilities. D. Not more than two non - residents may be employed on the premises by the home occupation. E. On the premises, retail sales will be allowed only of products manufactured on those premises unless specifically authorized by Conditional Use Permit. F. No articles for sale shall be displayed so as to be visible from the street. G. All activities will be controlled to prevent nuisance problems of noise, vibration, smoke, dust, fumes or litter. H. The home occupation shall not generate more than two (2) customer vehicles at one time. Off - street parking shall be provided, but no more than two (2) spaces. I. No mechanical or electrical equipment shall be used if the operation of such equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. J. A person having a home occupation shall provide proof of meeting the above requirements upon request by the City. Comment: Classification of a kennel as a Conditional Use in a residential area, protected by covenants and the Code, is clearly inconsistent with the intent of the Code as it allows for prejudice to kennel business in relation to the Home Occupation standards set. ARTICLE 9. SUBDIVISION STANDARDS Section 17 -9.2 PRELIMINARY PLAT, PRELIMINARY COMMON INTEREST COMMUNITY PLAT, PRELIMINARY CONDOMINIUM PLAT OR METES AND BOUNDS SUBDIVISION RESULTING IN AT LEAST ONE PARCEL LESS THAN 10 ACRES. Page 15 of 20