No land or building in any zoning district shall:

(1)

Be used or occupied in any manner so as to be inconsistent with the performance, locational or site development standards in this article.

(1)

Create:

a.

Any dangerous, injurious, noxious, or otherwise objectionable, fire, explosive or other hazard;

b.

Noise or vibration; smoke, dust, odor, or other form of air pollution;

c.

Heat, cold, dampness, electrical or other substance, condition, or element;

in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises.

(Code 1980, § 11.80, subd. 1; Code 1997, § 74-1091)

Under this article, the following performance standards and specifications shall apply:

(1)

Points of measurement. The determination of the existence of any objectionable elements shall be made at the location of the use creating the objectionable elements and at any points where the existence of such elements may be more apparent; provided, however, that the measurements necessary for enforcement or performance standards set forth in this article shall be taken at property line boundaries.

(2)

Fire and explosive hazards. All activities involving and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against fire suppression equipment and devices standard in the industry. The burning of waste materials in open fires shall be prohibited at any point. The relevant provisions of state and local laws and regulations shall also apply.

(3)

Radioactivity or electric disturbances. No activities shall be permitted which emit dangerous radiation at any point or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. Radioactive emissions shall be further subject to applicable federal regulations.

(4)

Noise.

a.

At the points of measurement, the sound pressure level of noise radiated from a facility at nighttime, during hours of 10:00 p.m. to 7:00 a.m., shall not exceed fifty (50) decibels (sound pressure level decibels are two ten-thousandths (0.0002) dynes/sq. cm.) or the average sound level of the street traffic noise nearest the noise generator, whichever is the higher, in any octave band of frequency above three hundred (300) cycles per second. The sound pressure level shall be measured with a sound level meter (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944) and an octave band analyzer (American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sound 224.10-1973) that conform to the specifications published by the American Standards Association. Noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittent beat, frequency, impulsive character (hammering, etc.), periodic character (humming, screech, etc.) or shrillness.

b.

For facilities which radiate noise only during a normal daytime working shift, the allowable decibel sound level given in subsection (4)a of this section shall be increased twenty (20) decibels or ten (10) decibels above the average sound level of the street traffic noise nearest the noise generator, whichever is the higher. Sirens, whistles, bells, etc., which are maintained and utilized solely to serve a public purpose, such as fire and air raid warning sirens, are excluded from subsection (4)a of this section.

(5)

Vibration. No continuous or unreasonable intermittent vibration shall be permitted which is discernible without instruments at the points of measurement.

(6)

Glare or heat. No direct or sky-reflected glare or heat radiation, whether from floodlights or from high-temperature processes, such as combustion or welding or otherwise, so as to be visible or otherwise sensed at the points of measurement, shall be permitted. This restriction shall not apply to signs otherwise permitted by this article.

(7)

Liquid or solid wastes. No discharge or any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system or stream or into the ground, except in accord with standards approved by the state department of health or standards equivalent to those approved by such department for similar uses.

(Code 1980, § 11.80, subd. 2; Code 1997, § 74-1092)

The state pollution control standards shall govern air quality and shall take precedence over the regulations in section 50.0931, except where city standards are higher.

(Code 1980, § 11.80, subd. 3; Code 1997, § 74-1093)

(a)

Utilities. Public utilities and facilities, such as gas, electrical, sewer and water supply systems, to be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to one (1) foot above the regulatory flood protection elevation.

(b)

Public transportation. Public transportation facilities, including railroad tracks, roads, and bridges, within floodplain areas shall be elevated to the regulatory flood protection elevation where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area.

(c)

On-site sewage treatment and water supply systems. Where public utilities are not provided:

(1)

On-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems.

(2)

New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.

(Code 1980, § 11.80, subd. 4; Code 1997, § 74-1094)

(a)

The installation and location of above ground storage tanks containing hazardous combustible materials, including, but not limited to, flammable liquids or gases shall be in accordance with the state Fire Code and shall meet the following standards:

(1)

Above ground storage tanks in business districts including B-1, B-2, B-3, B-4 and IDD shall not exceed four-thousand (4,000) gallons in size and shall be screened from public view with like building materials.

(2)

Above ground storage tanks in industrial districts including I-1, I-2, and I-3 shall not exceed twenty-five thousand (25,000) gallons in size. No screening shall be required.

(3)

Above ground storage tanks in residential districts including R-1, R-2, R-3, R-O as well as the DCD district are prohibited.

(b)

Sales areas and storage areas for automobiles, farm implement sales and services, manufactured homes and modular buildings, nurseries and garden centers, trailer lots, recreational vehicle sales, marine sales centers and other uses such as repair garages, body and fender shops, paint shops, bus and truck storage yards and terminals, contractors' yards, drive-in banks and restaurants shall be a minimum distance of fifty (50) feet from any residential district, and they shall be screened by a solid wall, fence or vegetative screening of at least ninety (90) percent opacity and not less than six (6) feet in height where such use adjoins in the rear or the side lot line or alley line of any residential district, public park, school or church.

(c)

Animal hospitals, veterinary clinics, kennels for display, boarding or treatment of pets and other domestic animals, including all structures, pens and exercise yards, shall be located at least one hundred (100) feet from any residential district, and such pens and exercise yards shall be enclosed on four (4) sides by a site-obscuring, unpierced fence or wall not less than six (6) feet in height.

(d)

All materials, supplies, merchandise, or other similar matter not on display for direct sales, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building or within the confines of a one hundred (100) percent opaque wall or fence not less than six (6) feet in height.

(e)

All raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building or within the confines of a one hundred (100) percent opaque wall or fence not less than six (6) feet in height.

(f)

Merchandise which is offered for sale other than the sales and services listed in subsection (b) of this section may be displayed beyond the confines of a building in the B-2 community business district, B-3 central business district, DCD Diversified Central District, I-1 limited industrial district, I-2 industrial district, and I-3 diversified industrial district, but the area occupied by such outdoor display shall not constitute a greater number of square feet than five (5) percent of the gross main floor area of the principal use. No sales or display shall take place upon the public right-of-way, except that in the B-3 central business district and the diversified central district (DCD). The city council may grant permission for sidewalk sales. The B-3 and DCD zones may display merchandise within the public right-of-way an amount not to exceed five (5) percent of the main gross floor area of the principal use. The city council may grant permission for sidewalk sales that exceed this limit. In all districts a three (3) foot discernable walkway shall be required.

(g)

All open areas of any site, lot, tract, or parcel shall be graded to provide proper drainage. All areas used for parking, drives, storage, display, or outdoor sales shall be surfaced according to the standards in section 50.0894. All other areas shall be landscaped with trees, shrubs, grass, or planted ground cover. All surfaced areas, landscaping and building exteriors shall be maintained in an attractive and non-deteriorating condition.

(h)

Exterior site lighting. All sites may be lighted to provide safety, utility, security, productivity, and enjoyment of a property after dark. Any such lighting shall minimize adverse offsite impacts, such as light trespass, obtrusive glare, and effects of light pollution. All lights shall be directed toward the site and away from the public right-of-way, adjacent properties, and residential districts with fully shielded cut off luminaires with the following exceptions:

(1)

String lights having individual lamps (bulbs) that are no more than eleven (11) watts and one hundred sixty-five (165) lumens. Total lumens from string lights on any site shall not exceed eight thousand two hundred fifty (8,250) lumens.

(2)

Low voltage landscape or architectural lighting powered at less than fifteen (15) volts and limited to luminaires having a rated initial luminaire lumen output of five hundred twenty-five (525) lumens or less which do not allow light trespass past the boundaries of the property on which it is located.

(3)

The following exemptions also apply to the standards:

a.

Lighting specified, required, identified, or allowed in a specific use permit (CUP or IUP) for the site.

b.

Lighting required by other sections of this Code or state or federal laws, if different from those specified here, shall take precedence.

c.

Code required lighting for steps, stairs, walkways, and building entrances.

d.

Motion activated lighting.

e.

Businesses that operate on a twenty-four (24) hour basis.

f.

Repairs to existing luminaires not exceeding twenty-five (25) percent of total installed luminaires.

g.

Temporary lighting for theatrical, television, performance areas and construction sites.

h.

Lighting that is only used under emergency conditions.

i.

Underwater lighting in swimming pools and other water features.

j.

Temporary lighting and seasonal lighting provided that individual lamps are less than four (4) watts and sixty (60) lumens.

(Code 1980, § 11.80, subd. 5; Code 1997, § 74-1095; Ord. No. 218, 9d, § 2, 9-11-2018; Ord. No. 226, 11d, § 5, 6-10-2019; Ord. No. 22-084, § 1, 10-10-2022; Ord. No. 23-095, § 1, 5-22-2023)

A development site shall be landscaped on all areas not used for buildings, paved parking, or paved driveways. Site landscaping shall be designed by a landscaped architect or other qualified landscape professional. The landscape plan shall include site grading, erosion control during and after construction, and stormwater retention plan, retention of existing trees, soil retention plan, a design for planting trees, shrubs, and ground cover, and a design for screening and sound walls in accordance with the following standards:

(1)

Not less than twenty (20) percent of each site shall be landscaped.

(2)

A landscaped setback area of not less than six (6) feet in width shall be provided along the perimeter of parking lots and outdoor display areas where such parking areas adjoin a public street or side or rear lot line of a residence. Parking lots from more than one (1) development site may adjoin alongside or rear lot lines without the landscape setback. In addition, any parking lot adjoining the side or rear lot line of a residence or residential district shall be screened to not less than ninety (90) percent opacity using live materials and fencing.

(3)

Landscape areas shall include seventy-five (75) percent live materials and twenty-five (25) percent may be inert materials such as landscape rock and other features.

(4)

Landscaping shall be three (3) dimensional in form, including appropriately placed trees, mid-level and low level shrubs, flowers, planters, and decorative walls.

(5)

Parking lots and display areas shall be designed so that vehicles do not face the public right-of-way but are perpendicular to the right-of-way.

(6)

Any screening within thirty (30) feet of any driveway or street intersection shall not be over thirty (30) inches in height above the curb or center of the street.

(7)

No vehicles or other forms of storage shall be placed on landscaped areas.

(8)

Maintenance and replacement. Trees, shrubs, fences, walls, and other landscape features depicted on plans approved by the city will be considered as elements of the project in the same manner as parking, building materials and other plan details. The landowner, or successor in interest, or agent, if any, shall be responsible for regular maintenance of all landscaping, keeping it in good condition and in a way that presents a healthy, neat, and orderly appearance, which includes the removal of weed species as well as the repair or replacement of damaged or destroyed landscaping and landscape features, such as walls, fences, decorative walks and patios, and rock and stone areas.

(9)

Existing commercial and industrial sites. Improvements or repairs to existing commercial and industrial properties that increase the floor area by more than one thousand (1,000) square feet or ten (10) percent, whichever is greater, or changes in land use which require more parking spaces shall submit a landscape plan based on the standards for new site development. If it is not possible for an existing site to comply with the specific requirements of this section, the staff development review committee shall assist the owner in complying with the general intent of this section. If agreement cannot be reached, the owner may appeal to the board of zoning appeals.

(10)

Minimum material size.

a.

Overstory deciduous trees shall be two and one-half (2½) inches or greater in caliper at the time of planting.

b.

Ornamental trees shall be two (2) inches or greater in caliper at the time of planting.

c.

Evergreen trees shall be not less than three (3) feet in height at the time of planting or not less than six (6) feet in height, if required for screening.

d.

Shrubs shall not be less than one (1) gallon container size at the time of planting.

(Code 1997, § 74-1096; Ord. No. 93, 3d, § 7, 6-27-2005)

(a)

Outdoor seating on public property (including right-of-way or public easements), either temporary or permanent in nature, will be permitted as an accessory use in all business districts (B-1, B-2, and B-3, and DCD districts), subject to the application of an administrative permit issued by the zoning administrator.

(b)

The following standards must be met in order to issue an administrative permit for outdoor seating:

(1)

The applicant must possess a valid food establishment license, as regulated by the state department of health.

(2)

The outdoor seating area is limited to the area directly adjacent to the property owned and/or operated by the primary food establishment. The area occupied by the outdoor seating area should abut and should be operated as part of the food establishment operated by the applicant. No part of the outdoor seating area should adjoin any premises other than the applicant's food establishment.

(3)

The outdoor seating area is segregated from pedestrian circulation by acceptable means, as determined by the city engineer and should not restrict the safe usage of the sidewalk by the public after taking into consideration the location of obstructions, vehicular traffic and other impediments to the passage of pedestrians, and according to the following standards:

a.

A minimum of six (6) feet of clear travel space between the outdoor seating area and curb is maintained on the public sidewalk adjacent to the outdoor seating area. In all cases, a three (3) foot discernable pedestrian walkway shall be required which is required by Americans with Disabilities Act (ADA).

b.

Over-story canopy of umbrellas extending into the pedestrian aisle have a minimum of seven (7) feet above the sidewalk, consist of a solid color, and any signage or branding on umbrellas must be reviewed for compliance with article IV of this chapter.

(4)

A distance of at least two hundred (200) feet is maintained between the nearest point of the outdoor seating area to the nearest point of property zoned R-1 single-family residential.

(5)

Hours of operation are limited to the hours of the food establishment business. All outdoor seating areas and appurtenances must be properly secured and screened from view after hours. After December 1 and until March 1, outdoor seating areas must be removed from the right-of-way upon dusk every night.

(6)

If proposed to be located in public right-of-way, the property owner, business operator, and the city enter a hold harmless agreement, as provided by the city, exempting the city from all liability claims associated with the outdoor seating use. Furthermore, the applicant must add the city as additional insured on their business liability insurance, and provided evidence of such as part of the permit process.

(7)

Any service of alcoholic beverages in the outdoor seating area is subject to the annual liquor licensing required by the city and must be compliant with state statute. The application for the annual liquor licensing must include a description of physically connected attachments to the main structure, including any outdoor seating areas. The description must specify the floor and space to which the license will apply.

(8)

All outdoor seating areas must comply with the following aesthetic requirements, as evidenced in the application:

a.

Furniture and other appurtenances (heaters, misters, or other accessories) must be washable and constructed of weather-resistant materials, designed for outdoor use, maintained in a safe and sanitary condition, and located fully within the separated outdoor seating area.

b.

Plant materials are in containers that allow for movement.

c.

Signage related to the outdoor seating areas should be limited to within the signage allowances for the establishment. See section 50.0853.

d.

Any lighting used to illuminate the outdoor seating area is arranged to reflect the light away from the adjoining property and public streets or alleys.

e.

Property owner is responsible for maintaining daily litter in the public right-of-way within one hundred (100) feet of the cafe on a daily basis.

f.

All outdoor seating areas in the historic preservation district must be conducive with the intent of the historic preservation guidelines, as applicable and be compliant with article IV of this chapter.

(Code 1997, § 74-1097; Ord. No. 175, 4d, § 2, 10-28-2013; Ord. No. 23-096, § 1, 5-22-2023)

(a)

No person, tenant, occupant, or property owner shall permit the emission of cannabis odor from any source to result in detectable odors that leave the premises upon which they originated and interfere with the reasonable and comfortable use and enjoyment of another's property.

(b)

Whether or not a cannabis odor emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivity.

(c)

A cannabis odor emission shall be deemed to interfere with the reasonable and comfortable use and enjoyment of property if cannabis odor is detectable outside the premises.

(d)

No person shall be convicted of a violation of this section unless the zoning official has delivered or posted a written warning, in the previous twelve (12) months, that conduct violating this section is occurring or has occurred.

(e)

Extended grace period for licensed cannabis business. No person who receives a warning at a licensed cannabis business shall be convicted of a violation that allegedly occurred within thirty (30) days after the first warning issued pursuant to subsection (d), if all of the following conditions are met:

(1)

A first warning within twelve (12) months was previously issued pursuant to subsection (d) of this section for the person's property and the subject property is licensed as a cannabis cultivation facility by the city or the state;

(2)

Seven (7) or fewer days after the warning was posted or delivered, the person submitted a written document to the city manager which explained (i) why the cannabis odor emissions could not be abated within seven (7) days feasibly, and (ii) how the person planned to abate the cannabis odor emission in the following ninety (90) days;

(3)

The person receiving the warning has diligently pursued to completion the plans for abating the cannabis odor emission; and

(4)

The written document described in condition (2) was submitted fewer than ninety (90) days before the date of violation.

(Ord. No. 24-127, § 1, 9-9-2024)

(a)

Intent and application.

(1)

It is the intent of the community to set restrictions limiting the visibility of cannabis from the exterior of cannabis establishments meant to ensure minors are not enticed by cannabis, hemp, and their accessories, tobacco and tobacco paraphernalia, or sexually oriented businesses. The purpose of these design standards is to establish a quality impression and to ensure minimum building design standards in order to protect neighboring investment.

(2)

These design standards apply to all new construction, conversion of existing structures to these uses, and to any expansion of existing buildings.

(3)

Exception: Conversions of existing structures to the above uses shall be exempt from subsection (b)(1).

(b)

Materials, orientation, windows, roofs, and accessory structures.

(1)

Materials on vertical surfaces or building fascia. All building vertical surfaces, including front, side, and rear, shall have building finishes made of fire-resistant and low maintenance construction materials that may include: face brick, architectural or decorative block or concrete, stone, stucco, aluminum, or steel without exposed fasteners, and other materials that enrich the impression and appearance of the community. The color of materials shall be part of the manufacturing and construction process.

(2)

Orientation. For purposes of this section, the term "front of a building" means the lineal and vertical surface facing a public street. The front of the building shall have a clearly defined entrance and shall incorporate required windows and doors. If the building abuts more than one (1) street, the zoning official will determine what is the front for purposes of window placement.

(3)

Windows. In the B-2 community business district, the front of the building shall have a minimum of ten (10) percent, but no less than ten (10) feet, of the lineal ground floor in windows. The bottom of these windows shall not be more than forty-eight (48) inches above the surrounding ground or sidewalk level and the required glass area shall extend vertically a minimum of five (5) feet. Window or glass space shall not be used for signage. Window or glass space may be tinted or frosted. Cannabis or hemp products, liquor, tobacco or related paraphernalia shall not be visible through such windows or glass space.

(4)

Windows. In districts other than B-2 community business district, the front of the building shall have a maximum of ten (10) percent of the lineal ground floor in see-through windows. Window or glass space shall not be used for signage, but may be tinted or frosted. Cannabis or hemp products, liquor, tobacco, or related paraphernalia shall not be visible through such window or glass space.

Exception: Sexually oriented businesses shall be no see-through windows; all windows shall be one hundred (100) percent frosted or tinted and not allowed to be used for signage.

(5)

Rooftop equipment. The roof design shall provide screening of rooftop equipment as seen from any public street, alley, or residential zoning district.

(6)

Ground equipment. The site design shall provide for screening of ground mounted equipment, exterior ductwork, and like equipment. Individual exterior units can be exempted if it meets the intent of the district design standards as determined by the zoning official.

(7)

Trash. Exterior trash enclosures are required and shall be designed with materials similar to materials used on the principal building. Trash enclosures shall be adequate in height to screen trash containers and materials but shall not be less than six (6) feet in height.

(8)

[Cannabis business restrictions.] Given the noxious smells and potential dangers related to the storage, cultivation, processing, and consumption of cannabis, no cannabis business shall:

a.

Share the same air space with other occupancies.

b.

Have residential occupancy in the same building.

c.

Must have secure storage facility.

d.

Must be solely a cannabis related business.

(9)

All design standards noted in specific zone standards shall also apply.

(10)

Night sky compliant structures and general exterior site lighting. All sites may be lighted to provide safety, utility, security, productivity, and enjoyment of a property after dark. Any such lighting shall minimize adverse offsite impacts such as light trespass, obtrusive glare, and effects of light pollution. All lights shall be directed toward the site and away from the public right-of-way, adjacent properties, and residential districts with fully shielded cut off luminaires. Transparent or translucent structures shall not be interiorly lit during nighttime conditions.

(Ord. No. 24-127, § 1, 9-9-2024; Ord. No. 25-140, § 1, 5-27-2025)

(a)

Intent and application.

(1)

It is the intent of the community to set restrictions limiting the visibility of cannabis from the exterior of cannabis establishments meant to ensure minors are not enticed by cannabis, hemp, and their accessories, liquor, sexually oriented businesses, and predominantly tobacco and tobacco paraphernalia businesses. The purpose of these design standards is to establish a quality impression and to ensure minimum building design standards in order to protect neighboring investment.

a.

The above listed uses shall be setback a minimum of one thousand (1,000) feet of a school or five hundred (500) feet of a daycare, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field, or within five hundred (500) feet of a church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities; and a minimum of five hundred (500) feet between like uses. Additional setback requirements for sexually oriented businesses are in section 50.0027.

b.

A straight-line drawing shall be prepared within thirty (30) days prior to application depicting the property lines and the structures containing any of the above listed uses in 50.0939(a)(1)(a). The drawing shall be reviewed by the zoning official for accuracy. For purposes of this section, a use shall be considered existing, established, or application submitted at the time an application is submitted. In the event of a dispute between the applicant and the city as to the accuracy of the drawing, the building official may order the applicant to provide a drawing with the information required under this subsection prepared by a registered land surveyor. For setback purposes, a public park or recreational area is land which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities the drawing shall include distances from business of like use listed in (a)(1)(a).

c.

For the purpose of section 50.0939(a)(1)(b), measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a cannabis, liquor store, or predominately tobacco and tobacco paraphernalia retail business is conducted, to the nearest portion of the building or structure of a use listed in subsection (a)(1)(b) of this section. In the case of a land use in subsection (a)(1)(a) above where no primary structure is present, measurement shall be made to the property line. Presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section. Such distance shall be measured across property lines, regardless of ownership of the property.

(Ord. No. 24-127, § 1, 9-9-2024)