7.3. SR 06-15-2015 - Laserfiche WebLink

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Mayor and City Council Members, In every zoning district there are: permitted uses, the primary uses of the zone; rohibited uses uses that are inherently incapable with the primary uses; and conditional uses, those uses that may or may not be compatible with the primary uses or surrounding uses. Conditional uses may only be approved if they are operated in a manner that is compatible with the primary uses in the zone and surrounding uses. The city may set conditions on how a conditional use operates to mitigate incompatibilities with surrounding uses. How Mr. Wells' operates his business is in violation of three of the seven standards for a conditional use set forth in Sec. 30-654. - Standards for issuance, of the City Code of Ordinances: The use: (1 ) Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. 5) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. (7) Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Mr. Wells repeatedly violates two of the specific mitigating conditions in his permit: Condition #6 - "ALL DOORS OF THE FACILITY SHALL BE KEPT CLOSED AT ALL TIMES EXCEPT FOR THE PASSAGE OF PEOPLE OR VEHICLES." Condition # 7 - "THE LEVEL OF NOISE FROM THE BUILDING SHALL NOT EXCEED CITY ORDINANCE LEVELS."