Every use of land within the city shall conform to the following minimum requirements which are applicable to the zoning district in which the use is contemplated.

 

(1989 Code, § 11.60) (Ord. 82, passed 4-16-2018)

   (A)   Required conditions for mobile home parks. Mobile homes and mobile home parks have special characteristics which require full consideration of their locational needs, their site layout and design, their demand upon community services and their relationship to and effect upon surrounding uses of land. Because of these characteristics, mobile home parks are permitted in the city only by planned unit development procedures in accordance with the following design and locational standards in addition to the requirements of the State Health Department.

   (B)   Site requirements.

      (1)   Minimum size. Ten acres.

      (2)   Site location. The proposed site shall have at least one property line abutting upon a major thoroughfare street or collector street, as defined by the Comprehensive Guide Plan.

      (3)   Site yard dimensions. All buildings and mobile homes within the mobile home park shall be set back a minimum of 50 feet from all property lines. The setback shall be provided with a dense combination of plant materials and earth mounds to form a buffer to adjoining property and streets. Plans for screening and landscaping shall be approved by the Planning Commission.

      (4)   Public utilities. All mobile home parks shall be serviced by a public water and sewer system. All utilities shall be installed underground.

   (C)   Design requirements.

      (1)   Maximum density of development. Six units per gross acre (gross acres being the total number of acres in the parcel, including all interior streets and open space).

      (2)   Off-street parking. A minimum of one and one-half spaces per mobile home shall be provided, exclusive of on-street parking.

      (3)   Setback. A minimum of 15 feet from all interior property lines and private streets.

      (4)   Park streets. Each home shall have direct access to a park street which shall be paved to a minimum width of 30 feet where on-street parking is permitted on one side only. Where no on-street parking is permitted and where “no parking” signs are posted, a minimum street width of 24 feet shall be permitted.

      (5)   Building height. No building shall exceed 20 feet in height.

      (6)   Parks, recreation and open space. All mobile home parks shall provide private recreation and open space areas within the park of not less than 15% of the total gross acreage therein. The Planning Commission shall recommend to the Council whether the land to be used shall be dedicated to the public or retained in the ownership of the mobile home park.

      (7)   Storage. All boats, trailers and vehicles other than automobiles shall be parked in an area specifically approved and adequately screened for that purpose. All other storage shall occur within a building or within a container designed specifically for that purpose.

(1989 Code, § 11.61)

   (A)   All storage shall be contained wholly within an enclosed building.

   (B)   The incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted.

   (C)   Where a proposed R-3 development abuts an R-1 District other than a public street line, buffer provisions shall be established. The protective strip shall contain an opaque fence or a Council-approved substitute. The protective strip of at least 15 feet shall be landscaped and not used for parking, garages, driveways, off-street loading or storage. The screening device design must be approved by the Council as being in harmony with the residential neighborhood and providing sufficient screening of the multiple- dwelling area. A proposed fence shall be no less than four feet in height and shall not extend within ten feet of any street right-of-way.

   (D)   No building permit shall be issued until a site and parking layout has been approved as provided in §§ 153.066 through 153.074. No parking shall be permitted within 15 feet of the street right-of-way, and the 15-foot area shall be maintained as a green strip.

   (E)   In developments of sufficient magnitude so as to require on-site water main or sewer main construction, plans for the facilities shall be designed by and installed under the supervision of a civil engineer registered in this state and shall be submitted to and approved by the City Engineer.

   (F)   Computation of the maximum number of units on a proposed site in the R-3 District shall be computed and adjusted as follows.

      (1)   The minimum land area required per unit may be reduced by 250 square feet per efficiency unit in a multiple-family dwelling.

      (2)   The required total minimum land area may be reduced 500 square feet for each required parking stall in or under a multiple residence or otherwise completely underground.

      (3)   The required total minimum land area shall be increased 250 square feet for each bedroom in excess of two in any one multiple-family dwelling unit.

   (G)   Certain commercial uses intended for the convenience and enjoyment of the residents of multi-family developments shall be permitted, including retail grocery shops, laundry and dry cleaning pickup stations, beauty parlors, barber shops and valet shops, within multiple-family dwellings containing 30 or more dwelling units, subject to the following conditions:

      (1)   The shops shall be accessible to the residents through a common hall or lobby;

      (2)   No advertising or display shall be visible from outside the building;

      (3)   The shops shall be restricted to the ground floors or sub-floors;

      (4)   The total area of the shops shall not exceed 50% of the total floor area of the ground level of the building;

      (5)   Any shop or shops not indicated on the initial approved plans shall be considered and approved by the Planning Commission and the Council before the commercial use is established; and

      (6)   The size and number of the shops shall represent a factor in the determination of required parking spaces for the building.

(1989 Code, § 11.62)

   (A)   All storage, display, service, repair, or processing shall be conducted wholly within an enclosed building or behind an opaque fence or wall not less than six feet high, except for the outdoor storage of merchandise during business hours.

   (B)   Incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted.

   (C)   Where a proposed C-1 development abuts an R-1, R-2, or R-3 District, other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip of not less than 35 feet in width. The protective strip shall not be used for parking, driveways, off-street loading, or storage, and shall be landscaped. The landscape treatment shall contain an opaque fence or wall which shall not extend within ten feet of any street right-of-way. The fence or wall design must be approved by the Council as being in harmony with the residential neighborhood and providing sufficient screening of the commercial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or wall.

   (D)   No improvement and zoning permit shall be issued until a site and parking layout has been approved as provided in §§ 153.066 through 153.074. No parking shall be permitted within 15 feet of the street right-of-way, and this 15-foot area shall be maintained as a green strip.

   (E)   In developments of sufficient magnitude so as to require on-site water main or sewer main construction, plans for the facilities shall be designed by and installed under the supervision of a civil engineer registered in this state and shall be submitted to and approved by the City Engineer.

(1989 Code, § 11.63) (Ord. 82, passed 4-16-2018)

   (A)   Buffer and setback.

      (1)   Where a proposed I-1 development abuts an R-1, R-2 or R-3 District other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip of not less than 100 feet in width. The protective strip shall not be used for parking, driveways, off-street loading or storage and shall be landscaped. The landscape treatment shall contain an opaque fence or wall which shall not extend within ten feet of any street right-of-way. The fence or wall design must be approved by the Council as being in harmony with the residential neighborhood and providing sufficient screening of the industrial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or wall.

      (2)   Where a proposed I-1 development faces any residential district across a street, buffer provisions shall be established consisting of a protective strip along the street. The protective strip shall be no less than 50 feet in width, shall contain no structures, shall not be used for parking, off-street loading, storage or any other activity and shall be landscaped. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the Council.

   (B)   Explosives. No activities involving the storage, utilization or manufacture of materials or products which could be detonated shall be permitted except those as are specifically licensed by the Council. The prohibited materials shall include but not be confined to all primary explosives, such as lead oxide and lead sulphate; all high explosives and boosters such as TNT and RDS, tetryl and ammonium nitrate; propellants and components thereof such as nitrocellulose, black powder, ammonium perchlorate and nitroglycerin, blasting explosives such as dynamite powder, magnesium, potassium chlorite, potassium permanganate, potassium nitrate and reactive propellant materials.

   (C)   Noise. Noise shall not exceed 40 decibels on any octave band frequency measured at any point along the property line of the use and operation. Decibel levels shall be measured by equipment meeting the specifications of the American Society for Testing and Materials.

   (D)   Vibration. No activity or operation shall at any time cause earth vibrations perceptible beyond the limits of the immediate site on which the operation is located.

   (E)   Incineration. The incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. No smoke or other effusive or particulate matter shall be discharged more opaque or darker than No. 1 classification of the Ringelmann Smoke Chart published by the United States Bureau of Mines. Measurements shall be at the point of emission. No solid or liquid particulates of any type shall be emitted in a concentration that they become detectable at the limits of the immediate site.

   (F)   Odor. None of the uses shall at any time cause the discharges of toxic, noxious or odorous matters in concentrations as to be detectable beyond the limits of the immediate site.

   (G)   Glare and heat. Glare and heat, whether directed or reflected, shall not be detectable beyond the limits of the immediate industrial site from which they originate.

   (H)   Wastes. All solid waste materials, debris, refuse or garbage not disposed of through the public sanitary sewage system shall be kept in a completely enclosed building or properly contained in a closed container designed for those purposes. All wastes shall be treated in compliance with existing State Pollution Control Agency regulations.

   (I)   Outdoor storage and activity. In the Industrial Park District (I-1), all production, storage, servicing or merchandising, except off-street parking and off-street loading, shall be conducted within completely enclosed buildings. Fuel storage facilities not located within a completely enclosed building or buried below grade shall be completely screened from view utilizing earth or opaque structural materials. The screening device shall be appropriately landscaped and shall be aesthetically compatible with other structures and landscaping on the site. Detailed plans for the screening shall be submitted to and approved by the Council.

   (J)   Site layout. No building permit shall be issued until a site and parking layout has been approved as provided in §§ 153.066 through 153.074. No parking shall be permitted within 15 feet of the street right-of-way and this 15-foot area shall be maintained as a green strip.

   (K)   Compliance. None of the permitted uses in the Industrial Park District, during the period of their operations, shall fail to satisfy any of the standards set forth above. In determining compliance with those standards, the majority vote of the Council shall be the test of detectability for vibration, particulate matter and odor, glare and heat. Before making this determination, the Council shall personally observe any alleged noncompliance. For noise, odor, smoke and wastes, determination of compliance shall be by any independent testing organization satisfactory to all parties concerned, or if there is failure to agree, by any testing organizations as may be selected by the Council after ten days’ notice to the alleged violator.

   (L)   Utilities. On developments of sufficient magnitude so as to require on-site water main or sewer main construction, plans for the facilities shall be designed by and installed under the supervision of a civil engineer registered in this state and shall be submitted to and approved by the City Engineer.

(1989 Code, § 11.64)

   Any lot or parcel which was held in single ownership of record on the effective date of this chapter which does not meet the requirements of this chapter as to area, width or other open space may nevertheless be utilized for single-family detached dwelling purposes, provided the measurements of the area, width or open space are within 70% of the requirements for them under the terms of this chapter.

(1989 Code, § 11.65)

   Off-street parking and loading spaces shall be provided in all districts in accordance with the requirements of this chapter. There shall be no off-street parking, storage of vehicles nor perimeter parking lot driveway within 15 feet of any street right-of-way and this 15-foot strip shall be planted and maintained as a green strip. Off-street parking in any residence district may include not more than one commercial vehicle of 25 feet or less in length per dwelling unit if used by the occupant of the premises for transportation to and from his or her job. It shall be parked off the street on a space adequate for its storage as set forth in this section.

(1989 Code, § 11.66)

   All accessory off-street parking facilities required herein shall be located as follows.

   (A)   Spaces accessory to one- and two-family dwellings shall be on the same lot as the principal use served.

   (B)   Spaces accessory to multiple-family dwellings shall be on the same lot as the use served, within 400 feet of the main entrance to the principal building served.

   (C)   Spaces accessory to uses located in a business or industrial district shall be on the same lot as the uses served unless the Council authorizes supplemental accessory off-site parking not located on the same property with the principal use.

(1989 Code, § 11.67)

   (A)   The following minimum parking standards are hereby established for all districts other than LR, R-1 and R-2A.

 

 

   (B)   An accurate, dimensioned parking layout which complies with the aforegoing shall be submitted for approval with a site plan, and parking arrangements shall thereafter comply with the layout. Parking spaces shall be clearly designated by lines painted upon the surface of the parking area.

(1989 Code, § 11.68)

   In LR, R-1 and R-2A Districts, tandem parking spaces may be permitted. In all other zoning districts, there shall be provision for unobstructed ingress and egress for each single car space. Access to off-street areas shall be restricted to driveways 30 feet or less in width. No two driveways on any single parcel of land in a business or industrial district shall be less than 50 feet apart at the property line.

(1989 Code, § 11.69)

   (A)   Residence. Two spaces per dwelling unit.

   (B)   Commerce (retail and service/office).

      (1)   Eating and drinking places. One space for every two seats, and one space for every two employees on the average maximum shift. (Parking spaces for “drive-in” customers shall not be credited as a part of the off-street parking area needed to serve the sales operation conducted within the buildings.)

      (2)   Automobile service stations. Three spaces for each enclosed bay plus one space for each day shift employee plus a minimum of two spaces for service vehicles and one additional space for each service vehicle over two in number.

      (3)   Other retail stores or centers. Eleven spaces for the first 1,000 square feet of gross floor area or fraction thereof; eight spaces for each 1,000 square feet of gross floor area in excess of 1,000 square feet, but not exceeding 15,000 square feet; six spaces for each 1,000 square feet of gross floor area in excess of 15,000 square feet, but not exceeding 30,000 square feet; five and one-half spaces for each 1,000 square feet of gross floor area exceeding 30,000 square feet.

      (4)   Motels and hotels. One space for each unit plus one space for each employee on any one shift.

      (5)   Bowling establishments. Five spaces for each lane. Additional parking for food and refreshment facilities shall be determined according to division (B)(1) above.

      (6)   Medical and dental clinics. Three spaces for each doctor or dentist, plus one space for every two employees or one space for each 150 square feet of gross floor area, whichever requirement is the greater.

      (7)   Other commercial uses, excluding wholesale. One space for each 200 square feet of gross floor area.

   (C)   Industry and wholesale. One space for every two employees based upon maximum planned employment during any work period or one space for each 800 square feet of gross floor area, whichever requirement is greater. In the event the latter requirement is greater, adequate land area shall be provided for the required off-street parking area, but improved space need only be provided according to the employees ratio.

   (D)   Miscellaneous.

      (1)   Places of public assembly, such as churches, theaters, auditoriums (other than school auditoriums), mortuaries, stadiums, arenas, dance halls. One space for every three seats.

      (2)   Rest homes, nursing homes, sanitariums and homes for the aged and for children. One space for every four beds plus one space for each staff doctor.

      (3)   Hospitals. One space for every two beds plus one space for every two employees and one space for each staff doctor.

      (4)   Uses not covered by this list. Spaces as required for the most similar use as determined by the Council.

(1989 Code, § 11.70)

   (A)   In all districts, other than LR, R-1 and R-2A, all open off-street driving and parking areas shall be improved within a minimum of two inches of hot mixed paver laid bituminous mat, or a comparable concrete slab, placed over a well compacted subgrade and gravel base. The base gravel shall conform to the State Highway Department specifications for Class 5 gravel.

   (B)   In other than LR and R-2A Districts, drainage plans shall be submitted to and approved by the City Engineer; drainage shall be discouraged across sidewalks or driveways. The perimeters of all driving and parking areas shall be bounded by cast-in-place concrete curb and gutter which conforms with the State Highway Department Type B-612.

(1989 Code, § 11.71)

   All open off-street parking areas having more than six parking spaces and all off-street loading and unloading spaces shall be effectively screened from any abutting residential lots by a solid wall or opaque fence six feet high, or by any other device as may be approved by the Council. The screening device shall not extend within ten feet of any street right-of-way. These off-street parking and loading areas within any yard which abuts along a street which is residentially zoned on the side opposite shall be screened from street view by a screening device as approved by the Council.

(1989 Code, § 11.72)

   All exterior lighting shall be provided with lenses, reflectors or shades, so as to concentrate illumination on the property of the owner or operator of the illumination devices. Rays of light shall not pass beyond the property lines of the premises utilizing the illumination at an intensity greater than three footcandles measured at property lines abutting residentially zoned property, or ten footcandles measured at property lines abutting street right-of-way or nonresidentially zoned property. No glare shall emanate from or be visible beyond the boundaries of the illuminated premises.

(1989 Code, § 11.73)

   (A)   With respect to development complexes, the required parking facilities to serve two or more uses may be located on the same lot or in the same structure, provided that the total number of parking spaces furnished shall not be less than the sum of the separate requirements for each use.

   (B)   With respect to non-development complexes, the Council may approve the joint use of common parking facilities under the following conditions.

      (1)   The building or use for which application is made to utilize the off-street parking facilities provided by another building or use shall be located within 800 feet of and contiguous to the parking facilities.

      (2)   The applicant shall show and the Council must determine that there is no substantial conflict in the principal operating hours and parking demands of the two buildings or uses contemplating joint use of off-street parking facilities.

      (3)   A properly drawn legal instrument providing for joint use of off-street parking facilities, duly approved by the Council as to form and manner of execution, shall be filed as an easement encumbrance upon the title of the property.

(1989 Code, § 11.74) (Ord. 129, eff. 4-24-1976)

   (A)   Application. All occupations conducted in the home shall comply with the provisions of this section. This section shall not be construed to apply to home occupations accessory to farming.

   (B)   Procedures and permits. Any permitted home occupation shall require a permit. The city staff shall establish the application form(s) and required information. A fee schedule shall be set by resolution of the Council. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. The permits shall be issued subject to the conditions of this section. The Planning Commission shall review the application and make a recommendation to the Council, which shall make the final decision. When the city has reason to believe that there has been a change in conditions or that the provisions of this section have been breached, a public hearing shall be held before the Planning Commission to determine continuing eligibility. The Council shall make the final decision on revocation.

      (1)   Special home occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a conditional use permit.

      (2)   Declaration of conditions. The Planning Commission and the Council may impose conditions on the granting of a home occupation permit as may be necessary to carry out the purpose and provisions of this section.

      (3)   Effect of permit. A home occupation permit may be issued for a period of up to three years each. The permit shall continue for the permit period, until there has been a change in conditions, or until the provisions of this section have been breached.

      (4)   Transferability. Permits shall not run with the land and shall not be transferable.

      (5)   Lapse of home occupation permit by non-use. Whenever within one year after granting a permit the approved use has not been established, or the use has been discontinued for more than six months, the permit shall terminate.

      (6)   Reconsideration. Whenever an application for a permit has been considered and denied by the Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or the Council for at least six months from the date of its denial, unless a decision to reconsider the matter is made by vote of the Council.

      (7)   Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. Each application for the renewal of a permit will be considered de novo. The previous granting of a permit shall not constitute a precedent for the renewal of a permit.

   (C)   Requirements and general provisions. All home occupations shall comply with the following.

      (1)   General provisions.

         (a)   No home occupation shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

         (b)   No equipment shall be used which creates electrical interference to surrounding properties.

         (c)   Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

         (d)   No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings, except where required to comply with local and state fire and police recommendations.

         (e)   There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

         (f)   The home occupation shall meet all applicable Fire and Building Codes.

         (g)   All signage shall be in accordance with the sign regulation provisions of the city code, codified in Chapter 150.

         (h)   No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and will not require any on-street parking facilities.

      (2)   Requirements; permitted home occupations.

         (a)   No person other than those who customarily reside on the premises shall be employed.

         (b)   All permitted home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings.

         (c)   Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in a residential driveway, where no vehicle is parked closer than 15 feet from the curb line or edge of paved surface.

         (d)   Examples of permitted home occupation include art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions with no more than three pupils at a time.

      (3)   Requirements; conditional uses.

         (a)   If nonresident assistance is required to conduct the home occupation business, a home occupation conditional use permit is required.

         (b)   Examples of special home occupations include barber and beauty services, photography studio, group lessons, saw sharpening, small appliance and small engine repair (maximum of 75 horsepower) and the like.

         (c)   The special home occupation under a conditional use permit may involve any of the following: stock-in-trade incidental to the performance of the service; repair service or manufacturing which requires equipment other than customarily found in a residence; the teaching with musical, dancing and other instruction of more than three pupils at a time.

         (d)   Home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In the cases where on-street parking facilities are necessary, the Council shall have the right to establish the maximum number of on-street spaces permitted and increase or decrease the maximum number when and where changing conditions require additional review.

   (D)   Nonconforming use. Existing home occupations lawfully existing on the effective date of this section may continue as nonconforming uses. The use shall be required to register under this section and obtain permits as permitted home occupations for their continued operation. Any existing nonconforming home occupation that is discontinued for a period of more than 30 days, or is in violation of the provisions under which it was initially established, shall be brought into conformity with the provisions of this section.

   (E)   Inspection. The city hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

(1989 Code, § 11.75) (Ord. 14, 2nd Ser., eff. 12-9-1994)

   (A)   Permit required. No person shall erect a fence without first having received a zoning permit.

   (B)   Prohibited fences. Except as specifically provided below in division (C) of this section, the following types of dangerous or hazardous fences shall not be permitted in the city:

      (1)   Barbed wire fences;

      (2)   Electrical fences;

      (3)   Spiked fences;

      (4)   Fences with broken glass or other sharp points imbedded;

      (5)   Any other type of fence that could result in injuries to persons climbing over; and

      (6)   Fences that are leaning in a manner that an angle of 15 degrees or more is produced when measured from the vertical.

   (C)   Exceptions for hazardous fencing. Hazardous or dangerous fences, such as those listed in division (B) above, shall only be permitted in the city for the following uses:

      (1)   Public utility structures (at least eight feet above grade level); and

      (2)   Communication support structures (at least eight feet above grade level).

   (D)   General requirements.

      (1)   All fences shall be maintained in good and sound condition and shall not create a harborage for rodents.

      (2)   No fence shall be constructed in a manner as to impede or alter the natural surface water drainage of the property upon which the fence is constructed or any adjoining property.

      (3)   If a fence is to be painted, it shall be painted with a non-lead base paint.

      (4)   The finished side of all fences shall face out.

      (5)   No fence in a residential district may exceed six feet in height.

      (6)   In any residential district, except as provided in division (D)(7) below, no fence shall be constructed in a front setback past the front building line.

      (7)   In any residential district, an open fence may be erected on a premises anywhere, including the front setback past the building line and the front and side setbacks past the building lines in the case of corner lots. The height of the fences shall not exceed four feet.

      (8)   Fences or screening on a side lot line common with an adjoining property may be placed upon the lot line where the owners of the subject properties agree to the type, size, placement and maintenance thereof.

      (9)   Fencing and screening shall not be placed or encroach within five feet of any underground or above-ground utility located within a utility easement.

      (10)   Fences that are constructed in a nonresidential district may be either open or solid fences and shall not exceed eight feet in height.

      (11)   Any fence erected around a recreational activity, such as a tennis court or a baseball backstop, may exceed the height requirement set forth in this section.

   (E)   Nonconforming use. Should an applicant request a permit for a fence that does not meet the requirements listed in division (D) above, he or she may apply for a variance. As part of this application, the applicant shall explain in writing how the proposed fence does not meet the general requirements of division (D) above and why those requirements cannot be met.

   (F)   Effective date. This section shall be in full force and effective from and after its passage, approval and publication on August 12, 2010, as provided by law.

(1989 Code, § 11.76) (Ord. 15, 2nd Ser., eff. 12-9-1994; Ord. 57, 2nd Ser., passed 8-3-2010)

   (A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      GARAGE, RUMMAGE OR YARD SALE. Any display and sale of personal property, conducted on premises located in any residentially zoned district by the occupant and which garage or rummage sale does not require a business license or make taxable sales, leases or services.

   (B)   Restrictions and prohibitions.

      (1)   None of the items offered for sale shall have been obtained for resale or received on consignment for sale.

      (2)   Any garage, rummage or yard sale (community or neighborhood sale) shall be conducted solely within the boundaries of the property owned or occupied by the occupant who is conducting the sale.

      (3)   There shall be no more than four garage, rummage or yard sales conducted at any one premises during any period of 12 calendar months.

      (4)   No garage, rummage or yard sale shall be conducted during any part of more than three consecutive days.

      (5)   No garage, rummage or yard sale may be conducted before 8:00 a.m. or after 6:00 p.m.

      (6)   Any related signage shall be limited to the premises and to other residential property, provided permission from the property owner is obtained, and shall be removed at the termination of the sale. The signs shall not exceed six square foot area and may not exceed four feet in height.

      (7)   There shall be no more than two consecutive sales with 30-day separation between all others.

      (8)   No garage, rummage or yard sale may be conducted along a detour route.

      (9)   No garage, rummage or yard sale may be conducted on days when garbage collection service is operating in alleys.

      (10)   No food or beverage sales allowed except when properly licensed and approved by the County Health Department.

   (C)   Exceptions. This chapter shall not apply to any sale under court order, nor to any bona fide auction sale, nor to a sale of farm or garden products by the person producing same.

   (D)   Effective date. This section shall become effective upon the adoption and publication according to law.

(Ord. 55, 2nd Ser., passed 9-1-2009) Penalty, see § 153.999

   Pursuant to authority granted by M.S. § 462.3593, Subdivision 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.

(Ord. 78, passed 7-12-2016)

      (1)   Allow property owners the opportunity to capture their on-site solar and wind energy resources;

      (2)   Enhance the economic use of local resources and foster the development of solar and wind energy business within the city; and

      (3)   Minimize adverse visual effects of solar energy installations through careful design and siting standards.

      (1)   In LR, R-1, R-2, R-2A, R-3, C-1, and I-1 zoned properties, a zoning permit will be required for any installation of a building integrated or roof- and building-mounted solar energy systems.

      (2)   For a ground- or pole-mounted solar energy system, a variance will be required.

      (3)   In LR, R-1, R-2, R-2A, and R-3 zoned properties, wind generator systems are not permitted.

      (4)   In C-1 and I-1 zoned properties, a variance is required for any wind generator system.

   (D)   All wind and solar energy systems cannot cast shadows and/or obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning regulations, including setbacks, height requirements, or any other building requirements.

      (1)   Solar energy systems are required to meet set-back standard for the district in which the systems are located.

      (2)   Building or roof-mounted solar energy systems shall be designed to blend into the architecture of the building, as viewed from the front public right-of-way. Solar energy systems that meet the following design standards shall be in compliance with the visibility requirements:

         (a)   On pitched roofs on a corner lot, roof-mounted systems shall be flush-mounted.

         (b)   The solar collector shall not extend beyond the edge of the finished roof.

      (1)   Noise generated by the system shall not exceed 30 decibels, measured at the property line.

      (2)   Operation of the system at the proposed location shall be consistent with reasonable enjoyment of adjacent property.

      (3)   System shall be kept in good repair and sound condition. Upon abandonment of its use, the structure shall be immediately dismantled and removed from the property.

      (4)   System will be so equipped that in the case of a loss of electricity by the city electrical system, the solar system will be shut down and no electricity will be put into the city electrical distribution lines.

      (5)   No homeowners' agreement, covenant, common interest community standard, or other contract between multiple property owners shall prohibit property owners from installing solar energy systems for the capture of direct sunlight.

(Ord. 92, passed 10-18-2022)