After the adoption of the ordinance from which this chapter is derived, land or structures or the uses of land or structures that would be prohibited under the regulations for the district in which they are located shall be considered as nonconforming. It is the intent of this article to permit these nonconforming uses to continue, provided they conform to the following provisions:

(1)

The order of classification of uses from most restrictive or highest to least restrictive or lowest, for the purposes of this article shall be as follows:

a.

A-1 agricultural.

b.

A-2 green belt.

c.

R-1 low density residential.

d.

R-2 medium density residential.

e.

R-3 high density residential.

f.

C-1 neighborhood commercial.

g.

C-2 highway commercial.

h.

C-3 central business.

i.

I-1 industrial park.

j.

I-2 unrestricted industrial.

(2)

The substitution of a nonconforming use within a structure, or structure and premises in combination for another nonconforming use within the same structure, or structure and premises in combination, may be permitted only when such substituted use is of a same or more restrictive classification, provided that the board of zoning adjustment, after public notice and hearing, deems the proposed use to be no more harmful to the district in question than the existing nonconforming use. In permitting such nonconforming use substitution, the board may require appropriate conditions and safeguards in accordance with the provisions of this chapter. In no case shall such nonconforming use substitution be construed to alter the intent of this chapter.

(3)

A nonconforming use of a structure, or structure and premises in combination may not be extended, except that the extension of a use to any portion of a building, which portion is, at the time of the adoption of the ordinance from which this chapter is derived, primarily arranged, constructed, or designed for such specific nonconforming use, shall not be deemed to be an extension of a nonconforming structure, or structure and premises in combination.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is in fact, discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(5)

No existing structure, or structure and premises in combination, devoted to a nonconforming use shall be constructed, reconstructed or structurally altered, nor shall the structure, or structure and premises in combination, be enlarged except in changing the nonconforming use of the structure, or structure and premises in combination, to a use permitted, under the provisions of this chapter, in the district in which said use is located.

(6)

An existing structure, or structure and premises in combination, devoted to a nonconforming use, which has been damaged by fire, explosion, tornado, earthquake, or similar noncontrollable cause to an extent of more than 60 percent of its fair market value immediately prior to damage, shall not be rebuilt, altered or repaired except insofar as such structure, or structure and premises in combination, is subject to and in conformance with all of the provisions of this chapter applicable to the district in question.

(7)

Nothing in this article shall prevent the structural alteration of a structure, or structure and premises in combination, which has been declared unsafe by the public works director/city engineer, provided that the structure, or structure and premises in combination is in no way enlarged or expanded.

(8)

The provisions of this section shall also apply to nonconforming uses in districts hereafter changed.

(Code 2011, § 60-146; Ord. No. 1164, § 1001, 5-20-1968; Ord. No. 03-03-01, § 1, 3-31-2003)

Where owner of a lot of official record in any district at the time of the adoption of the ordinance from which this chapter is derived, May 20, 1968, or his or her successor in title thereto does not own sufficient land to enable him or her to conform to the minimum lot size requirements of this chapter, such lot may be used as a building site, provided that said lot requirements are not reduced below the minimums specified in this chapter by more than 20 percent. If, however, the owner of two or more adjoining lots with insufficient land dimensions decides to build on or sell said lots, he or she must first combine said lots to comply with the dimensional requirements of the ordinance. Any lot requiring dimensional variances below the 20 percent minimum set forth in this section shall be approved by the board of zoning adjustment, provided that further decreased dimensional requirements shall conform as closely as possible to the required dimensions.

(Code 2011, § 60-147; Ord. No. 1164, § 1002, 5-20-1968)

The front yard depth requirements of this chapter for dwellings shall not apply to any lot of record where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed dwelling, and on the same side of the same block and use district, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such case the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten feet from the street right-of-way line, whichever is greater.

(Code 2011, § 60-148; Ord. No. 1164, § 1003, 5-20-1968)

The required side yard shall be maintained on each side of a building or structure, but each side yard may be reduced to ten percent of a lot width on lots of record of less than 50 feet in width; provided, however, that no side yard shall be less than three feet. For the purpose of side yard regulations, a two-family, or multiple-family dwelling shall be considered as one building occupying one lot.

(Code 2011, § 60-149; Ord. No. 1164, § 1004, 5-20-1968)

The required rear yard may be reduced to 20 percent of the depth of the lot on any lot of record not exceeding 100 feet in depth. An accessory building may be built within a required rear yard when located at least five feet from any lot line and when occupying not more than 30 percent of the area of such required rear yard.

(Code 2011, § 60-150; Ord. No. 1164, § 1005, 5-20-1968)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for:

(1)

The ordinary projection of sills, belt courses, cornices, and ornamental features may be permitted, but not to exceed more than 24 inches in any required yard.

(2)

An open, uncovered porch or paved terrace may extend not more than ten feet into any required yard and not closer than five feet to any lot line.

(3)

Open or enclosed fire escapes, fireproof outside stairways, and balconies may be permitted, but may not project into a yard or court for more than 50 percent of the required yard.

(Code 2011, § 60-151; Ord. No. 1164, § 1006, 5-20-1968)

On corner lots, the side yard on that side of the lot abutting the side street shall not be less than 15 feet. Accessory buildings on the side of the lot abutting the side street shall not be closer to the lot line abutting on that side street than the distance specified for front yards of lots fronting on such side street.

(Code 2011, § 60-152; Ord. No. 1164, § 1007, 5-20-1968)

On any corner lot in the corporate limits of the city, no planting, structure, sign, fence, wall, or obstruction to vision between the range of three feet and eight feet in height measured from the centerline of the street shall be placed or maintained within the sight triangle. "Sight triangle" means the triangular area formed by the intersection street right-of-way lines and a straight line connecting points on said street right-of-way line each of which is 35 feet distance from the point of intersection. An existing structure located within the sight triangle on the effective date of the ordinance from which this section is derived, May 13, 2020, shall be considered nonconforming as defined and regulated in this chapter.

(Code 2011, § 60-153; Ord. No. 1164, § 1008, 5-20-1968; Ord. No. 20-04-02, § 1, 5-13-2020)

Editor's note— Ord. No. 20-04-02, § 1, effective May 13, 2020, amended § 60-153 and in doing so changed the title of said section from "Corner visibility" to "Corner visibility (sight triangle)," as set out herein.

(a)

The height limitations of this chapter shall not apply to chimneys, cooling or water towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, tanks, spires, church steeples, radio towers, or necessary mechanical apparatus, except as otherwise provided in the vicinity of airports.

(b)

Public, semipublic or public service buildings, hospitals, institutions, churches, and schools, when permitted in a district, may be erected to a height not exceeding 70 feet, provided that all required yards are increased by one foot for each foot of building height above the height limit otherwise provided.

(Code 2011, § 60-154; Ord. No. 1164, § 1009, 5-20-1968)

In the case of two or more buildings to be constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots and which will not be so subdivided, the application of the terms of this chapter may be varied by the board of zoning adjustment in a manner that will be in harmony with the character of the neighborhood and district, provided:

(1)

Such uses are limited to those permitted within the zoning district in which the project is located;

(2)

The overall intensity of land use is no higher, and the standard of open space is no lower than that permitted in the district in which the project is located;

(3)

The distance of every building from the nearest property line shall meet the front, side, and rear yard requirements of the district in which the project is located;

(4)

If the property lies within or abuts upon a residential district and is to be used for a nonresidential purpose, there shall be a buffer strip at least ten feet in width, densely planted with vegetation, along the rear and/or side lot lines abutting the residential properties. No such buffer shall, however, extend nearer to a street right-of-way line than the established building setback line of the adjoining residential lot;

(5)

All off-street parking requirements shall comply with the provisions of this chapter.

(Code 2011, § 60-155; Ord. No. 1164, § 1010, 5-20-1968)

Following the adoption of the ordinance from which this chapter is derived, all signs located along the federal primary and interstate highway systems shall be subject to the provisions of the Federal Development and Beautification Bill (Public Law 89-285), which will become effective in 1970.

(Code 2011, § 60-156; Ord. No. 1164, § 1011, 5-20-1968)

Following the adoption of the ordinance from which this chapter is derived, where a use shall be contemplated with the following districts and the rear or side lot lines abut any residential district as defined in this chapter:

(1)

C-1 neighborhood commercial;

(2)

C-2 highway commercial;

(3)

I-1 industrial park; or

(4)

I-2 unrestricted industrial.

The commission may require that the owner maintain a buffer strip ten feet wide upon which shall be planted a suitable vegetation of no less than eight feet in height along the entirety of that rear or side yard boundary which adjoins the residential district.

(Code 2011, § 60-157; Ord. No. 1164, § 1012, 5-20-1968)

Where, in the judgment of either the building inspector or public works director/city engineer, the public good shall be served, such official may require that the developer of any proposed use within the following districts:

(1)

C-1 neighborhood commercial;

(2)

C-2 highway commercial;

(3)

C-3 central business;

(4)

R-4 apartments, condominiums, high-rise, townhouse and the like;

(5)

R-5 trailers, trailer parks, and planned residential areas (trailer);

(6)

I-1 industrial park; or

(7)

I-2 unrestricted industrial.

Prepare a plot plan showing contemplated means of egress and ingress onto a public dedicated roadway, said plan thereafter bearing the approval or disapproval of the commission prior to the issuance of a zoning permit.

(Code 2011, § 60-158; Ord. No. 1164, § 1013, 5-20-1968; Ord. No. 1233, § 8, 3-30-1970)

Off-street vehicle parking or storage space shall be provided on every lot on which any of the following uses are hereafter established in all districts except the C-3 central business district; or, provided that no parking space can be reasonably provided on the same lot, such space shall be provided on any lot a substantial portion of which is within 300 feet of such uses. Residential and apartment complexes in the C-3 central business area, must comply with the parking provisions hereinafter prescribed. Each automobile parking space shall be not less than 200 square feet in area exclusive of adequate access drives and maneuvering space. Such space shall be provided with vehicular access to a street or alley; such use shall be equal in number to at least the minimum requirements for the specific use set forth herein.

(Code 2011, § 60-159; Ord. No. 1164, § 1014, 5-20-1968; Ord. No. 1233, §§ 9—11, 3-30-1970; Ord. No. 1277, § 1, 6-21-1971)

Every building or structure used for business, trade, or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley or, if there is no alley, to a street. For the purpose of this section, an off-street loading space shall have minimum dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade.

(Code 2011, § 60-160; Ord. No. 1164, § 1015, 5-20-1968)

No provision for off-street parking, storage, loading or unloading within the ordinance from which this chapter is derived shall be construed to deny developers in any zoning district from constructing common off-street parking, storage, loading or unloading spaces, subject to the regulations governing the issuance of a zoning permit.

(Code 2011, § 60-161; Ord. No. 1164, § 1016, 5-20-1968)

In all zoning districts other than section 60-59, the I-1 industrial park district; section 60-60, the I-2 unrestricted industrial district; section 60-51, the A-1 agricultural district; section 60-52, the A-2 green belt district; and section 60-63, the M municipal, state and county use district, excessive noise and sounds of a sufficient volume so as to disturb the peace, quiet or repose the persons residing in any said area shall be prohibited and no one shall allow or cause said sound or noise to emanate from any property zoned under Ordinance No. 1161; section 60-53, the R-1 low density residential district; section 60-54, the R-2 medium density residential district; section 60-55, the R-3 high density residential district; section 60-56, the C-1 neighborhood commercial district; section 60-57, the C-2 highway commercial district; section 60-58, the C-3 central business district; section 60-61, the R-4 special density residential district; section 60-62, the R-5 trailers, trailer parks, and planned residential areas (trailers); section 60-64, the M-AG mini-agricultural district; section 60-65, the R-2A manufactured housing medium density residential district; and section 60-66, the HC health care district.

(Code 2011, § 60-162; Ord. No. 1164, § 1017, 5-20-1968; Ord. No. 98-07-04, 9-4-1998)

It is the goal of the city council, as expressed in the comprehensive plan, to provide a sustainable quality of life for the city's residents, making careful and effective use of available natural resources to maintain and enhance this quality of life. The city believes it is in the public interest to encourage alternative energy systems that have a positive impact in energy conservation but have limited adverse impact on the community. The city also recognizes the value of an impressionable community and how it relates to community pride and growth. In order to balance the use of alternative energy systems with the necessity to protect the public health, safety and welfare of the community, the city finds these regulations are necessary to ensure that alternative energy systems are appropriately designed, sited and installed.

(a)

Wind energy sources and systems.

(1)

Definitions. The following words, terms and phrases, when used in this section, shall have the meaning provided herein, except where the context clearly indicates otherwise:

a.

Freestanding WES means a WES utilizing a turbine attached to a self-supporting monopole or lattice-style tower.

b.

Operator means the person or entity making use of a WES or who is charged with the responsibility for oversight of a WES.

c.

Wind energy system (WES) means, a system that generates energy through the utilization of wind for the purpose of converting kinetic energy into electricity through use of a generator, and can include a nacelle, rotor, tower, box and/or turbine in any form and through any combination for these items and accessories thereto.

d.

Roof-mounted WES means a WES utilizing a turbine mounted to the roof of a structure and having a maximum rotor diameter of seven feet.

e.

Standard soil conditions means average area soil conditions not including; gravel, sand, loose rock, mud, muck, or any ground that would reasonably be expected to affect the stability and/or strength of an artificial foundation.

f.

System height means the highest point abovegrade, measured from the base of a WES to the tallest point of the system and shall include the systems rotor plane.

g.

Tower means the portion of a WES that extends vertically from the ground and supports the WES turbine.

(2)

Standards.

a.

Districts. WES, in accordance with the standards contained in this section, shall be deemed an accessory use, permissible in all zoning districts through special exception.

b.

Application for permit. Building permit applications for a WES shall be accompanied by:

1.

A scaled site plan drawing showing features of the property, including, but not limited to:

i.

Location and height of the WES;

ii.

Property boundaries and the distance of those boundaries from the WES;

iii.

Location and dimensions of any easements; and

iv.

Location of overhead utility lines.

2.

Stamped engineered drawings of any tower, base, footings, and/or foundation as provided by the manufacturer or otherwise.

3.

Manufacturer's certification or line drawings of the electrical components in sufficient detail to allow for a determination that the installation conforms to the National Electric Code.

(3)

Freestanding WES.

a.

Design and placement. All freestanding WES shall:

1.

Have a maximum system height not to exceed district requirements or 75 feet in zoning districts having no height restriction.

2.

Have a minimum system height of 25 feet and no portion of the WES blade shall extend within 20 feet of the ground.

3.

Have a maximum power rating of 100 kW nameplate generating capacity.

4.

Have no guyed wires attached to the tower or other components.

5.

Have no ladder, step bolts, rungs, or other feature used for tower access to extend within 12 feet of the ground. Lattice-style towers shall have a protective barrier to prevent unauthorized access to the lower 12 feet of the tower.

6.

Be located entirely in the rear yard.

b.

Foundation. For standard soil conditions, foundations or foundation specifications developed by a WES manufacturer shall be acceptable for installations of a WES with a generating capacity of 20 kW or less. All other installations shall require an engineer's stamped site-specific soil study.

c.

Number. No more than one WES shall be installed on a single lot of five acres or less. All other parcels will be limited to one WES per five acres of land area.

d.

Signs. A WES operator is required to provide a single posting, not to exceed four square feet, at the base of a WES prohibiting trespassing, warning of high voltage, and providing the emergency contact information for the operator.

(4)

Roof-mounted WES.

a.

Design and placement. All roof-mounted WES shall:

1.

Have a maximum power rating of ten kW nameplate generating capacity.

2.

Be limited to the principal building for any parcel unless approved by the board of zoning adjustment.

3.

Be erected within the confines of the principal building's roof and no portion of the WES shall extend beyond the edges of the roof.

4.

Shall not extend to a height that exceeds applicable district requirements and shall have a system height not to exceed 15 feet.

5.

Be mounted so that no portion of the WES blade extends within 20 feet of the ground.

b.

Host structure. Installation of a roof-mounted WES shall be in conformance with the manufacturer's specifications and applicable building codes.

c.

Number. No more than one WES shall be installed on a single rooftop unless approved by the board of zoning adjustment and the host structure lies within a commercially zoned district or an industrial zoned district which is being used for industrial purposes.

d.

Parapet-mount. WES mounted to the top of a parapet shall be allowed as a special exception except in areas zoned R-1, R-2, R-2A, R-3, or R-5. A parapet-mounted WES may not be mounted on a common wall or party wall. Applications for a parapet-mounted WES must include plans bearing the stamp of a licensed structural engineer. Parapet-mounted WES which would encroach into or overhang the public right-of-way must obtain an easement from the city prior to installation.

(5)

General provisions. The following provisions will apply to all WES erected under the provisions of this Code:

a.

Noise. WES will have a maximum noise production rating of 50 dBA and shall conform to this standard under normal operating conditions as measured at any property line. This standard shall apply uniformly to individual WES and to the combined noise production of multiple WES of a single operator.

b.

Color. WES will be a neutral tone approved by the board of zoning adjustment and all surface finishing shall be nonreflective.

c.

Over speed control. WES shall be equipped with manual and automatic over speed controls to limit the blade rotation within design specifications.

d.

Lighting. WES will have no installed or accessory lighting, unless required by federal or state regulation.

e.

State, federal and local regulations. In addition to the requirements listed in this section, a WES must:

1.

Comply with all federal and state regulations.

2.

Comply with all local regulations and requirements for the applicable zoning district, including, but not limited to, setback, height, noise, and nuisance requirements.

f.

Notification. Prior to the installation or erection of a WES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement.

g.

Setbacks. A WES must have a minimum setback distance of 1.1 times the system height from any property line, public right-of-way, electric substation, transmission line, structure, or other WES.

h.

Postings. The placement of all other signs, postings, or advertisements shall be prohibited. This restriction shall not apply to manufacturer identification, unit model numbers, and similar production labels.

i.

Commercial. All WES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation.

j.

Abandonment. A WES that is allowed to remain in a nonfunctional or inoperative state for a period of six consecutive months, and which is not brought into operation within the time specified by city officials, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator.

k.

Feederlines. Any lines accompanying a WES, other than those contained within the WES tower or those attached to on-site structures by leads, shall be buried within the interior of the subject parcel.

(6)

Standards and certification.

a.

Standards. WES shall meet minimum standards such as International Electrotechnical Commission (IEC) or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the planning and zoning director.

b.

Certification. WES shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the planning and zoning director. The city reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification.

(b)

Solar energy systems.

(1)

Definitions. The following words, terms and phrases, when used in this section, shall have the meaning provided herein, except where the context clearly indicates otherwise:

Ground-mounted panels means freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus.

Roof-mounted panels means solar panels that are mounted to the roof of a structure using brackets, stands or other apparatus.

Solar energy system (SES) means a device, the main purpose of which is to provide for the collection, storage, distribution, conversion or use of solar energy for generation of electricity or for heating water, and can include a charge controller, inverter, panels, and batteries in any form and through any combination of these items.

(2)

Application.

a.

Districts.

1.

Ground-mounted SES shall be deemed an accessory structure, permissible in all zoning districts.

2.

Roof-mounted SES shall be permitted in all zoning districts.

b.

Application for permit. A building permit application for a SES shall be accompanied by:

1.

A scaled site plan drawing showing features of the property, including, but not limited to:

i.

Location and dimensions of the SES;

ii.

Property boundaries the distances of those boundaries;

iii.

Location and dimensions of any easements; and

iv.

Location of utility lines.

2.

Engineer stamped drawings of the SES components, as provided by the manufacturer or otherwise.

3.

Manufacturer's certification or line drawings of the electrical components in sufficient detail to allow for a determination that the installation conforms to the National Electric Code.

(3)

Placement and design.

a.

Ground mounting. All ground-mounted panels shall:

1.

Be limited to a total system height of ten feet.

2.

Be limited to the rear yard.

3.

Exceed no more than 15 percent lot coverage and may not exceed the area restrictions placed on accessory structures within the subject district.

4.

Be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping.

5.

Be installed in a manner that will not exacerbate stormwater runoff that may adversely affect neighboring properties.

b.

Roof mounting. All roof-mounted panels shall:

1.

Comply with the maximum height requirements of the zoning district.

2.

Have a system height not to exceed six feet on a structure with a flat roof and a system height not to exceed three feet on a structure with a sloped roof.

3.

Not extend beyond the edge of the roof.

4.

Not project vertically above the peak of the roof on a building with a sloped roof.

5.

Be mounted with a maximum angle of 60 degrees from horizontal on a flat or sloped roof.

6.

Be installed only on structures having a roof capable of supporting the weight of all SES components to be mounted on the roof, plus a 40 pound per square foot snow load.

c.

Aesthetics. SES panels shall be of a neutral color and reflection angles shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare.

(4)

General provisions.

a.

Additional requirements. In addition to the requirements listed in this section, a SES must:

1.

Comply with all federal and state regulations.

2.

Comply with all local regulations and requirements for the applicable zoning district, including, but not limited to, setback, height, and nuisance requirements.

b.

Notification. Prior to the installation or erection of a SES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement.

c.

Feeder lines. Any lines accompanying a SES, other than those attached to on-site structures by leads, shall be buried within the interior of the subject parcel.

d.

Commercial. All SES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation.

(5)

Safety standards and certification.

a.

Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC), or other national standards as determined by the planning and zoning director.

b.

Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the planning and zoning director. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

(Code 2011, § 60-163; Ord. No. 10-06-05, §§ 1105, 1106, 6-28-2010)