Chapter 18.145 SPECIAL USES

Chapter 18.145
SPECIAL USES

Sections:

18.145.030 Short-term special uses.

18.145.040 Short-term special uses – Procedure.

18.145.010 Intent.

Certain uses of land or buildings may not be appropriate under all circumstances in any zoning district, but may be appropriate where adequate precautions can be taken to assure the compatibility of the use with surrounding uses. It is the intent of this chapter to allow for such uses by the granting of a special use permit, subject to approval by the City Council, after recommendation by the Planning Commission and subject to the same procedures used for conditional use permits (Chapter 18.185 GMC). (Ord. 2358 § 5. Code 1990 § 16-701)

18.145.020 Uses.

Any building, structure, land or premises may be used, and any building or structure may be erected, constructed, reconstructed, moved or altered, for one or more of the following special uses, subject to approval of a special use permit by the City Council and subject to any development and performance standards set forth herein. The City Council may also consider such conditions as to operation, site development, signs, time limit and other factors as deemed necessary in order that such use will not seriously injure the appropriate use of nearby properties, and will conform to the general intent and purpose of this title and of the regulations of the zoning district in which it may be located. It shall be presumed that any use listed in this section shall not be permitted in the City without a special use permit unless that use is also specifically listed as a use permitted by right or as an accessory use in a given zoning district.

1. Adult uses.

2. Amusement parks, privately owned baseball or athletic fields, or racetracks.

3. Aviation fields or airports, under such restrictions as the Council may impose on land, buildings, or structures within an approach or transition plane or turn zone, to promote safety of navigation and prevent undue danger from confusing lights, electrical interference or other hazards.

4. Cemeteries, mausoleums, or crematories for the disposal of the dead.

5. Chemical and fertilizer manufacturing and storage.

6. Clubs, private, where alcoholic beverages are consumed on the premises.

7. Concrete and asphalt plants.

8. Drive-in theaters.

9. Golf driving ranges, commercial or illuminated.

10. Grain processing.

11. Gun clubs, skeet shoots, or target ranges.

12. Hospitals or penal or correctional institutions.

13. Camping areas, picnic groves and fishing lakes, including minor and incidental concession facilities for patrons only.

14. Mines or quarries, including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel or similar materials; provided, however, that no permit shall be issued until and unless the location, site plan, and method of operation, including necessary structures, have been submitted to and approved in writing by the Council, which permit shall be for a limited period of time not to exceed five years.

15. Nursery sales office, building, greenhouse, or area (wholesale or retail).

16. Nursing and convalescent homes.

17. Package liquor sales.

18. Radio, television and microwave towers over 60 feet in height.

19. Refuse dumps.

20. Reservoirs, towers, filter beds, or water treatment plants.

21. Riding stables and tracks.

22. Sewage, refuse, garbage disposal plants or sanitary fills.

23. Steel mills and foundries.

24. Hotels and motels.

25. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the Council deems reasonably necessary for public convenience or welfare (excluding offices).

26. Temporary use of land for commercial or industrial purposes; provided, that any building or structure constructed thereon which is not otherwise permitted in the district in which such land is situated shall be by temporary building permit, and any stored equipment for material shall be removed upon the date of expiration of the special use permit, which permit shall be valid for not more than two years, but may be renewable after public hearing.

27. Assembly halls.

28. Group care centers for children under 10 years of age not allowed in the home occupation section including preschools and private kindergartens.

29. Keeping of horses, ponies, cows or chickens on less than three acres.

30. Off-street parking lots or structures of a temporary or permanent nature.

31. Cargo container facilities, subject to the following standards:

a. Zoning. The property must be zoned M-2 (General Industrial District) or MP-2 (Planned General Industrial District).

b. Platting. Cargo container facilities must be located on a platted lot.

c. Minimum Lot Size. Cargo container facilities shall have a minimum lot size of 20 acres.

d. Traffic Analysis. A traffic analysis must be submitted with the special use permit application.

e. Right-of-Way Dedication. Cargo container facilities shall dedicate adequate right-of-way to the City of Gardner for public highways, streets, and other public purposes. The dedication shall be in a form acceptable to the City and shall be made at no expense to the City.

f. Public Improvements. Cargo container facilities shall design and install, at no expense to the City of Gardner, public improvements adjacent to the facility at the time and in the manner specified by the City in conjunction with the development or subdivision of the parcel, whichever occurs first. The improvements shall be engineered, reviewed, approved, and installed according to the procedures and conditions set forth by the City.

g. Access. Cargo containers on or off a chassis may not be stored in a manner that impedes access to public rights-of-way, public utility or drainage easements, adjacent structures, and buildings. Access aisles shall be at least 24 feet wide.

h. Paving. All interior driveways and cargo container storage bays shall be paved with asphalt or concrete in accordance with City standards.

i. Parking. No portion of any required off-street parking or loading/unloading areas shall be used for the storage of cargo containers or similar storage devices. The minimum amount of off-street parking spaces shall be one per employee, but not less than six spaces, and one space per 1,000 square feet of gross floor area of any structure located on-site.

j. Stormwater. Drainage shall be designed, and stormwater detention required in accordance with City standards.

k. Security. The facility shall be completely enclosed by gated security fencing. The fence shall be between six and 12 feet in height, and shall not include any barbed wire or razor wire. The gates may remain open when the facility is open, but shall be closed and locked when the facility is closed. The gate shall be located to prevent stacking on the streets. Minimum stacking requirements shall be based upon the results of the required traffic analysis, but in no case shall the driveway between the gate and the street be less than 150 feet in length and 24 feet in width.

l. Screening and Landscaping. The City shall require screening within landscape easements along the full perimeter of the property. The landscape easements shall be a minimum of 90 feet in width adjacent to public and private streets and any property in a different zoning district, and a minimum of 20 feet in width adjacent to a property in the same zoning district. These easements shall include landscaping as outlined below. Additionally, continuous berming is also required in the landscape easements adjacent to public and private streets and any property in a different zoning district.

i. A landscaping plan shall be submitted with the special use permit application. The landscaping plan shall indicate the number, species, and location of all existing and proposed landscaping material.

ii. For every 100 linear feet of perimeter landscape easement, landscaping shall consist of a minimum of:

(A) Seven upright evergreen trees (minimum of six feet tall);

(B) Four ornamental trees (minimum of six feet tall);

(D) Thirty shrubs (at least 36 inches tall).

iii. Berms shall have a minimum height of 12 feet and shall not have a slope greater than 3:1 (three horizontal feet per one vertical foot).

iv. The required security fencing shall be located on the interior side of perimeter landscaping.

v. Landscaping, fencing, and berming shall be installed prior to a certificate of occupancy.

vi. Maintenance of perimeter landscaping shall be the responsibility of the property owner and shall continue to meet the minimum standards for landscaping as established by the City.

m. Lighting. Cargo container facilities shall provide adequate lighting on-site, including at all entrances and exits. A lighting plan shall be submitted and approved in conjunction with the permit. The lighting plan must illustrate adequate minimum illumination on the property to allow for safe and efficient movement and monitoring during evening hours. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any adjacent property and no glare is visible to any traffic on any public street. Lighting shall not adversely affect adjacent properties.

n. Noise. Cargo container facilities shall make every effort to contain noise within the site.

o. Racking Height. Racking of a chassis shall be limited to 57 feet in height. When a racked chassis exceeds 30 feet in height, an additional foot shall be added to all setbacks (from property line) for each additional foot of height for the racked chassis.

p. Stacking Height for Cargo Containers. Cargo containers shall not be stacked more than three units high. When stacked, an additional 30 feet shall be added to all setbacks for each additional level of stacked cargo containers.

q. Stacking Height for Chassis. Empty chassis shall not be stacked more than five units high.

r. Setbacks and Separation Distance.

i. Storage of cargo containers and chassis shall be set back at least 10 feet from the interior edge of the required landscape easements.

ii. Storage of cargo containers and chassis shall be set back at least 1,000 feet from any property zoned or used for residential land uses.

iii. Storage of cargo containers and chassis shall be at least 24 feet from any structure or building on-site.

iv. No side-by-side grouping shall exceed 20 cargo containers or 20 chassis in width and no end-to-end grouping shall exceed two cargo containers or two chassis in length. Groupings shall be spaced at least 24 feet apart.

s. Structural Integrity, Surety for Removal.

i. Any cargo container stored or kept on property under the jurisdiction of the City of Gardner shall be safe, structurally sound, stable, and in good repair, as determined by the Codes Administrator.

ii. Any cargo container that becomes unsound, unstable, or otherwise dangerous shall be repaired or removed from the property where kept within 14 days, subject to the City’s requirements.

iii. Any cost or expense associated with the removal of violating cargo containers is the responsibility of the property owner. All associated costs including, but not limited to, legal fees and court costs, shall constitute a debt due and owed to the City of Gardner and shall be recordable as a lien upon the land of the cargo container facility and/or property owner.

t. Materials Stored. Materials stored in the cargo containers shall not include any material that would be required to be placarded as Class 7 (radioactive materials) according to the U. S. Department of Transportation (DOT) Emergency Response Guidebook (ERG), or any other material generally considered to be hazardous, explosive, or poisonous. All materials stored at the facility shall be properly placarded according to the ERG. Each terminal manager shall maintain adequate and current bills of lading for the contents of all cargo containers stored on site.

u. Fire Code and Insurance. All facilities shall comply with the locally adopted Fire Code and provide adequate means for fire and emergency vehicles access to cargo containers both on and off a chassis. All facilities engaged in storage and stacking of cargo containers must carry adequate insurance and provide a Certificate of Insurance prior to the issuance of a special use permit.

v. Modification or Retrofit. Cargo containers may not be modified or retrofitted for on-site habitation. Cargo containers shall be prohibited from having windows, heating and cooling, plumbing, or multiple entrances. Cargo containers are allowed to have electric and ventilation systems installed that would be necessary to meet the minimum codes and standards for lighting and air circulation for storage purposes.

w. Signage. No signage, other than company identification logos, shall be allowed on any cargo container. Each face of the cargo container may contain a maximum of one company identification logo.

x. Maintenance. Cargo container facilities shall be well-maintained to meet property maintenance requirements (GMC Title 8) and to keep the premises free from vermin and weeds.

y. Time Limitation. The initial special use permit may be issued for a maximum time period of 10 years, with subsequent renewals issued for a maximum time period of 10 years. (Ord. 2358 § 6; Ord. 1912 § 4, 1998. Code 1990 § 16-701.1)

18.145.030 Short-term special uses.

The chief building inspector may, upon application, issue a short-term special use permit for the use of a specified parcel of land for the following temporary short-term uses:

A. Carnivals, circuses, fairs, and special events;

B. Christmas tree sales;

C. Religious tent meetings;

D. Concession sales, including crafts;

E. Season sale of farm produce;

F. Commercial tent sales or sidewalk sales;

G. Exhibits for high technology products;

H. Garage sales in excess of three days per calendar year. (Code 1990 § 16-702)

18.145.040 Short-term special uses – Procedure.

Such short-term special use permit may be issued without publication or posted notice and without referral to the Planning Commission if the following conditions are met:

A. That the applicant submit an application containing:

1. A description of the land proposed to be used.

2. Written permission from the owner of the property, if not owner/applicant.

3. A site plan showing setbacks, property lines and adjoining structures and the proposed location of the temporary special use.

4. A description of the proposed use.

5. Hours of operation.

6. Estimates of accumulated automobiles and persons per hour.

7. Proposed sanitary facilities.

8. Proposed parking facilities.

9. Health inspection certificate where applicable.

B. That such proposed use shall be only located on property zoned A, C-1, C-2, C-3, M-1 and M-2, except that garage sales may be located in Zones R-1, R-2, R-3 and R-4.

C. That temporary structures erected must be set back from the street right-of-way at least 30 feet, where applicable.

D. That such proposed use not be operated after 12:00 midnight and before 8:00 a.m.

E. That such proposed use not be located closer than 50 feet from property zoned residential, where applicable.

F. That the location of any proposed driveway entrance not create a traffic hazard.

G. That the proposed site contain adequate parking. Adequate parking shall be determined on the basis of one parking space per four estimated people attending per hour.

H. That the proposed site contain adequate sanitation facilities. Adequate sanitary facilities shall be determined on the basis of one temporary restroom facility per 100 estimated people in attendance per hour; provided, however, that no sanitary facilities shall be required for Christmas tree sales lots or seasonal sale of farm produce.

I. That the term of the permit shall be as follows:

1. Carnivals, circuses and fairs: not to exceed seven days.

2. Christmas tree sales: not to exceed 60 days.

3. Religious tent meetings: not to exceed seven days.

4. Concession sales, including crafts: not to exceed seven days.

5. Season sale of farm produce: not to exceed five months.

6. Commercial tent sales or sidewalk sales: not to exceed seven days.

7. Exhibits for high technology products: not to exceed seven days.

J. Upon the cessation of the short-term special use permit, all materials, equipment and signs shall be promptly removed and the property restored to its normal conditions.

K. Carnivals, circuses and fairs shall also provide a certificate of insurance in an amount as established by the Governing Body by resolution with the City of Gardner named as an additional insured.

L. A fee, as established by the Governing Body by resolution, shall be charged each applicant for a short-term special use permit. Only one fee will be required for carnivals, circuses or fairs.

M. The Codes Administrator may allow variances in some instances; provided, however, that the allowed variances do not violate the intents and purposes of the short-term special use regulations. (Ord. 2019 § 1. Code 1990 § 16-702.1)