For the purpose of this article, all of the streets, roads and highways in the city are classified as arterial, major and minor collector and local streets and state highways.

(Code 1985, § 22-162)

In all zoning districts, no fence, wall, structure, shrubbery or other obstruction to vision between the heights of three feet and 15 feet, except utility poles, light or street sign standards or tree trunks, shall be permitted within 20 feet of the intersection of the right-of-way lines of streets, roads, highways or railroads.

(Code 1985, § 22-163)

No nonresidential access shall cross residentially zoned property unless part of a mixed use project that has been approved on the site plan.

(Code 1985, § 22-165)

Within any zoning district which allows for gasoline pumps and canopies (attached or detached) covering the pumps, pumps and canopies shall be set back at least 15 feet from the future right-of-way. Any permanent building, whether or not attached to a canopy, must be located within the required building setbacks. Within any zoning district which allows for freestanding carwashes, canopies that cover any vehicles being washed on-site must be permitted (thru both the site plan review and structural review process and subject to the landscape enhancement strip provisions contained in section 48-204) as a permanent structure requiring a footing or foundation to which the canopy is structurally attached, capable of supporting a pre-designed load withstanding wind and other natural forces as may be further defined in this article, including structural calculations as prepared and certified by a professional designer licensed to practice in the state and as distinguished from a temporary canopy or tent and the like (temporary canopies or tents are prohibited). When permitted, these canopies must be at least 15 feet from the future right-of-way. Canopies originally constructed to cover gasoline pumps may be utilized as canopies covering vehicles being washed on-site, provided that they shall be set back at least 15 feet from the future right-of-way. Canopies, whether permitted as a permanent structure or pre-existing as described above, may not be used for signage purposes.

(Code 1985, § 22-166)

(a)

Prerequisites for moving building. No dwelling unit or other permanent structure shall be moved within or into the city unless, when relocated, it meets all requirements of this article and requirements of this Code and is approved by the mayor and council.

(b)

Height offences and walls. No fence or freestanding wall other than a retaining wall shall be more than eight feet in height, or be constructed in a public right-of-way or future street right-of-way. If a fence is adjacent to a public road right-of-way and within the required setback in a residential district such fence shall not exceed six feet in height and shall further meet the requirements set forth in section 48-190. The required height limitation (which includes posts and ornaments on top of fence) must be met on both sides of fence, and measured from the existing grade upon which it is erected.

(c)

Open space. Open space area required to be established by this article shall be permanently maintained as open space and appropriately landscaped with trees, shrubs, flowers, grass, stones, rocks or other landscaping materials. Such areas may not be used for vehicular access, parking or similar uses, except as otherwise permitted in this article.

(d)

Required fences to be completed prior to occupancy. When this article requires a fence to be constructed, such fence shall be completed prior to occupancy of the primary use structure.

(e)

Site plan preparation. Site plans and other development plans required to be submitted under the provisions of this article shall be prepared only by those currently registered for such work in accordance with applicable state law. No plans for structures shall be prepared by other than a currently state-registered engineer.

(f)

Compliance with other regulations. Any development sought to be constructed or built under the existing zoning requirements shall meet or exceed all applicable development codes and regulations of the city, the state and federal law, as amended from time to time, including, but not limited to, the subdivision regulations for the city, the floodplain management and prevention ordinance of the city, and the city sign ordinance.

(g)

Footings survey.

(1)

On any development, prior to obtaining a building permit, the developer or builder must file a copy of a current plat and survey of the property signed by a registered land surveyor providing such information as shall be required from the city.

(2)

Prior to commencing pouring of footings, it shall be the responsibility of the builder or developer to accurately and clearly flag all pin corner boundaries prior to the conduct of any footings inspection. Should the developer or builder desire to place the footing within five feet of the applicable building setback line, then the builder or developer shall provide a footings (foundation) survey signed by a registered land surveyor showing the footing location and the outer perimeter of the proposed structure. The failure to provide such a footing survey shall be a primary consideration in whether or not the board of variance and zoning appeals may dispose of a variance application.

(h)

Compliance with Americans with Disabilities Act. Assurances of compliance with the ADA, including the ADA as it may be amended from time to time, will be given to the city by all development applicants.

(i)

Outdoor displays of merchandise. Where outdoor displays of merchandise are permitted as part of a retail or service establishment (as distinguished from a sales, contractor or supply operation dealing in material or merchandise that is intended for storage or display outdoors) in any nonresidential zoning district, the following minimum requirements shall apply:

(1)

The area displaying the merchandise shall be limited to an area no greater than 20 percent of the total lot area.

(2)

The location of the outdoor display of merchandise must be shown on a plan approved by the zoning division manager or his designee.

(3)

The area displaying the merchandise must be screened from any contiguous residentially zoned property.

(4)

The area displaying the merchandise may not be located within any required buffers.

(5)

The area displaying may be within designated parking spaces, if the spaces are above and beyond the minimum required.

(6)

The area displaying merchandise shall not impede vehicular traffic within the site, nor shall it prohibit or disrupt traffic entering or exiting the site from or to public rights-of-way, nor shall it impede adequate site distance to vehicles entering or exiting the site to or from public rights-of-way.

(7)

The area displaying the merchandise shall not impede pedestrian traffic within the site, particularly any sidewalks or pedestrian areas designed in accordance with the ADA.

(8)

These requirements shall apply to peddlers as defined and regulated in sections of this Code.

(j)

Limitation on utility meters in certain residential zoning districts. Single-family residential zoning districts shall be limited to a maximum one gas meter and one electrical meter per lot. This requirement shall apply to the R-80, RR, R-40, R-30, R-20, R-15, R-10, PUD, RA-6 and MHP zoning districts. Additionally, this requirement shall apply to the RSL, RM-8 and RM-12 zoning districts when developed for single-family detached uses. Application may be made to the board of variance and zoning appeals for a variance to allow more than one electrical or gas meter per lot.

(Code 1985, § 22-167)

In the event an applicant wishes to use property for a use which is not specifically identified under inherent uses, or uses allowed from the approval of a special land use permit, and where such use is not specifically prohibited from the district, the following provisions shall apply:

(1)

The applicant shall submit to the community affairs director a written request for a determination of the unclassified use.

a.

The director shall review the request as submitted and determine if the proposed use is of a similar character to the district in which it is proposed.

b.

If the director determines that the use is of a similar character and meets the intent of the uses permitted inherently within the district, then the applicant shall apply for a special land use permit subject to approval in the normal manner.

(2)

If the director is unable to make the determination within 14 days or the applicant chooses to appeal the director's decision, the following procedure shall apply:

a.

The director shall submit to the planning and zoning board and city attorney a written request for a determination of the unclassified use at the next regularly scheduled planning and zoning board meeting.

b.

The planning and zoning board and city attorney shall review the request as submitted and determine if the proposed use is of a similar character to the district in which it is proposed.

c.

If the planning and zoning board and city attorney determine that the use is of a similar character and meets the intent of the uses permitted inherently within the district, they shall instruct the director to allow the use.

d.

In the event the planning and zoning board and city attorney determine the proposed use in the district is consistent with the character and intent of a special land use permit inherently within the district, then the applicant shall apply for a special land use permit subject to approval in the normal manner.

(3)

In no event shall the provisions of this article be used to allow an incompatible use or a use specifically prohibited by this article within a certain zoning district.

(4)

Once a use has been allowed or disallowed by the planning and zoning board and or director, it shall then be considered classified under the appropriate category in the district.

(Code 1985, § 22-168)

(a)

Lighting plans shall be drawn to scale and shall show the location of all proposed lights and nearby city roads and adjacent properties and the following information:

(1)

Arrangement of all poles (with dimensions);

(2)

Height of all poles;

(3)

Number of luminaries per pole;

(4)

Mounting heights of luminaries;

(5)

Wattage of proposed lights;

(6)

Mounting angle of fixtures; and

(7)

Lamp source to be used.

(b)

A picture of the light to be utilized must be attached to the final plans. Care must be exercised to control any stray light that might trespass upon adjacent properties and roadways.

(c)

All required parking spaces must be adequately lit during non-daylight hours.

(d)

These are minimum requirements, based on the city street lighting ordinance or as may be amended from time to time.

(Code 1985, § 22-169)

Requirements for golf courses are as follows:

(1)

Standards.

a.

Par 3 golf course. The following standards shall apply to par 3 golf courses:

1.

Minimum lot size: Nine holes, 20 acres; 18 holes, 40 acres.

2.

Minimum course yardage: Nine holes, 1,750 yards; 18 holes, 3,500 yards.

3.

Minimum public road frontage: 100 feet.

4.

Minimum building, driving range, fairway, clubhouse and pro shop setbacks: 50 feet from future public road right-of-way; 75 feet from property lines.

b.

Public golf course orsemipublic golf course. The following standards shall apply to public golf courses and semipublic golf courses:

1.

Minimum lot size: 125 acres.

2.

Minimum course yardage: 6,000 yards.

3.

Minimum public road frontage: 100 feet.

4.

Minimum building, driving range, fairway, clubhouse, pro shop and hole setbacks: 50 feet from future public road right-of-way; 75 feet from property lines.

c.

Private golf course. The following standards shall apply to private golf courses:

1.

Minimum lot size: 115 acres.

2.

Minimum course yardage: 5,500 yards.

3.

Minimum public road frontage: 100 feet.

4.

Minimum building, driving range, fairway, clubhouse and pro shop setbacks: 50 feet from future public road right-of-way and 75 feet from property lines, unless the property is developed in connection with a residential subdivision. In such cases, the overall plan shall be approved by the division manager of zoning or his designee.

d.

Executive golf course. The following standards shall apply to executive golf courses:

1.

Minimum lot size: 65 acres.

2.

Minimum course yardage: 4,000 yards.

3.

Minimum public road frontage: 100 feet.

4.

Minimum building, driving range, fairway, clubhouse and pro shop setbacks: 50 feet from future public road right-of-way; 75 feet from property lines.

e.

Regulation public nine-hole course. The following standards shall apply to regulation public nine-hole courses:

1.

Minimum lot size: 65 acres.

2.

Minimum course yardage: 3,000 yards.

3.

Minimum public road frontage: 100 feet.

4.

Minimum building, driving range, fairway, clubhouse and pro shop setbacks: 50 feet from future public road right-of-way; 75 feet from property lines.

(2)

Safety netting. Safety netting of not less than 32 feet in height shall be placed along the perimeter of the golf course playing area which abuts any public road frontage.

(3)

Landscape buffer and screening requirements. Unless otherwise noted within this section, any golf course developed in accordance with this section which abuts residentially zoned property shall have a 25-foot landscaped screening buffer adjacent to all residentially zoned property, subject to city staff approval.

a.

Objectives. Undisturbed, planted landscape buffers and berms shall be implemented in connection with a permitted project and shall address the following objectives:

1.

Screen objectionable views and enhance aesthetic appeal;

2.

Control or direct vehicular and pedestrian movement;

3.

Reduce glare;

4.

Buffer noise; and

5.

Establish privacy.

b.

Standards.

1.

Buffers. Landscape buffers are subject to review and approval by city staff in accordance with the following standards:

(i)

Plantings are to be a mix of evergreen trees and shrubs.

(ii)

Species are to be ecologically compatible to the site and appropriate for the design situation.

(iii)

Unless public safety concerns dictate otherwise, the buffer should provide a maximum barrier to a height of six feet within two years of planting.

(iv)

Minimum height of plant materials at installation is five feet for trees and two feet for shrubs.

(v)

Fencing or walls are to be a minimum of six feet in height or as determined by city staff.

(vi)

Trees included in buffer plantings may be counted toward site density calculations as required by the city subject to review and approval of city staff.

(vii)

Buffers shall be regularly maintained by the property owner to ensure that the objectives and standards set out in this subsection are met.

(viii)

When any golf course developed in accordance with this section abuts a residential district, a minimum 25-foot buffer is required. When topography and existing conditions allow, this 25-foot buffer should be undisturbed. If topography and existing conditions do not allow for an undisturbed buffer, then the 25-foot buffer shall be a planted, landscaped, maintained buffer.

2.

Berms. Berms are subject to review and approval by city staff in accordance with the following standards:

(i)

Berm shall be utilized when consistent with surrounding property features.

(ii)

Berms shall be stabilized.

(iii)

Berms shall be constructed to be consistent with natural or proposed drainage patterns.

(iv)

Berms shall be regularly maintained by the property owner.

(4)

Building and structure requirements. Maximum building height is 35 feet.

(5)

Parking requirements. See section 48-198 for paved parking specifications.

(6)

Lighting requirements. Any golf course and accessory uses permitted in accordance with this section which proposes a lighted facility must have a city-approved lighting plan in accordance with the minimum conditions listed in section 48-195.

(7)

Use limitations.

a.

The maximum size for a pro shop or clubhouse associated with par 3 or executive golf courses is 2,000 square feet.

b.

The maximum size for a clubhouse or pro shop for an 18-hole public or private regulation golf course is 40,000 square feet.

c.

Loudspeakers are not allowed if adjacent to residential districts.

d.

No advertising of retail sales is permitted when located within a residential category as defined by the city comprehensive land use plan.

e.

Any structure used in conjunction with this use shall be subject to the site plan and architectural requirements presented at the time of zoning.

f.

No outside lighting of a golf course is permitted when the course is located within or adjacent to a residential district. However, accessory uses approved by the mayor and council in an internal location not less than 100 feet from any residential property line may be lighted in accordance with section 48-195.

(8)

Accessory structures and uses. Permitted accessory structures and uses are as follows:

a.

Buildings used to house equipment solely for the maintenance and operation of the golf courses, not to exceed 3,000 square feet in size.

b.

Professional teaching and lessons.

c.

Golf club and ball rental.

d.

Pro shop.

e.

Tennis courts (two acres required in addition to required golf course acreage).

f.

Swimming pools (one acre required in addition to required golf course acreage).

g.

Driving range (eight acres required in addition to required golf course acreage).

(Code 1985, § 22-170)

The following uses are permitted as special exception uses, provided the conditions listed are met and they are located in the allowable zoning district. The mayor and council or their designee shall issue a certificate of special exception to an applicant when the conditions relating to the special exception have been met.

(1)

Amusement centers, subject to the following minimum requirements:

a.

Minimum acreage is five acres.

b.

Such use shall not be located closer than 500 feet to any school property.

c.

Such use shall not be located closer than 200 feet to any residential property line.

d.

An overall parking and landscape plan shall be approved by city staff. The plan will provide for safe and efficient vehicle and pedestrian circulation and aesthetics.

(2)

Any other facility for the disposal of the dead, provided all requirements for a cemetery have been satisfied.

(3)

Adult entertainment establishments (including adult novelty shops), with the following minimum requirements:

a.

Must obtain a special land use permit.

b.

Must be located at least 1,500 feet between any residence, school, church or any educational facility.

(4)

Asphalt plants or concrete plants, subject to the following minimum standards:

a.

A special land use permit is required.

b.

Compliance with all applicable state and federal laws is required.

c.

All necessary state and federal permits shall be obtained.

d.

A spill containment plan shall be approved by city staff.

e.

Minimum acreage is five acres.

f.

No use shall be located closer than 1,000 feet to any residential dwelling or school.

g.

Hours of operation shall be limited to daylight hours.

h.

Noise abatement and air pollution abatement plans shall be approved by city staff.

(5)

Automobile and truck sales and service facilities:

a.

Minimum of one acre of a paved surface is required for parking of vehicles, excluding any area used for, but not limited to, buildings, offices, service or sales area:

b.

If any entity sells more than three cars per year, they are considered a dealer which requires a city business license.

c.

A special land use permit is required.

d.

All vehicles are required to be parked off any right-of-way or easement.

e.

Must have a minimum of 1,500 feet between any other similar businesses.

(6)

Automobile title pawns must have a minimum of 1,500 feet between any other similar businesses.

(7)

Automobile salvage and wrecking yards, subject to the following minimum requirements:

a.

A special land use permit is required.

b.

Such use shall be enclosed by a fence or wall not less than eight feet in height which provides visual screening.

c.

No such activity may be conducted within 100 feet of any property line or 200 feet of any property zoned or used for residential purposes.

d.

The incidental sale of auto parts removed from cars on the site shall be permitted.

(8)

Automobile storage yards and wrecker services for damaged or confiscated vehicles, subject to the following minimum requirements:

a.

Such use shall be enclosed by a fence or wall not less than eight feet in height which provides visual screening.

b.

No dismantling, repair or other such activity shall be conducted.

c.

Such use shall be located at least 40 feet from any residential district or use.

d.

Such automobiles shall not be held longer than provided by state and city law.

e.

A special land use permit is required.

f.

Must have a minimum of 1,500 feet between any other similar businesses.

(9)

Biomedical waste disposal facilities or hazardous waste sites, subject to the following minimum requirements:

a.

A spill containment plan shall be approved by city staff.

b.

Such use shall not be located closer than 1,000 feet to any residential dwelling or school.

c.

A special land use permit is required.

d.

Such use shall be carried on within an enclosed building, with no outside storage of any materials or biomedical waste, except for vehicles used for the operation.

e.

All necessary state and federal permits shall be obtained.

f.

Compliance with all applicable state and federal laws is required.

g.

Minimum acreage is five acres.

h.

The facility must be designed with an impervious liner.

i.

The facility must have an on-site water purification system which returns water to a potable condition.

(10)

Cemeteries for human or animal interment, with the following minimum requirements:

a.

Minimum lot size is ten acres.

b.

Minimum public road frontage is 100 feet.

c.

When abutting any residential property line, a 50-foot natural or landscaped buffer shall be approved by city staff (see landscaping standards).

d.

Permanent public ingress and egress shall be provided.

e.

Compliance with all state requirements is required.

f.

An overall parking and landscaping plan shall be approved by city staff.

(11)

Churches, chapels, temples, synagogues and other such places of worship when located within the R-80, RR, R-40, R-30, R-20, R-15, R-10, RD, PUD, RA-6, RM-8, FST, RM-12 and MHP districts with the following minimum requirements:

a.

Minimum lot size is five usable acres, excluding floodplain.

b.

Primary access to the facility shall be from an arterial or major collector roadway.

c.

Structures associated with the use shall be located a minimum of 50 feet from any property line.

d.

Structures associated with the use shall be limited to 55 feet in height.

e.

When abutting any residential property line, a 35-foot landscaped screening buffer shall be approved by city staff (see landscaping standards).

f.

An overall parking and landscape plan for the entire site shall be approved by city staff.

g.

One paved parking space shall be provided per four seats in the principal place of worship, provided that the number of spaces thus required may be reduced by not more than 50 percent if the place of worship is located within 500 feet of any public parking lot or any commercial parking lot where sufficient spaces are available by permission of the owner without charge, during the time of services, to make up the additional spaces required.

h.

A lighting plan shall be approved by the building official or his designee in accordance with section 48-195.

i.

A church may have an accessory cemetery with the following minimum requirements:

1.

Minimum lot size is two usable acres for a cemetery in addition to the five-acre requirement for a church.

2.

When abutting any residential property line, a 50-foot natural or landscaped buffer shall be approved by city staff (see landscape standards).

3.

Ingress and egress shall be provided.

4.

Compliance with all state requirements is required.

j.

A church may have an accessory school with the following minimum requirements:

1.

Minimum lot size is three usable acres for a school in addition to the five-acre requirement for a church.

2.

Minimum public road frontage is 100 feet.

3.

An overall parking and landscape plan for the entire site shall be approved by city staff.

4.

One paved parking space shall be provided per every one full-time employee of the accessory school in addition to required parking for the principal church use.

k.

A SLUP is required for all zoning districts.

(12)

Club or lodge, private, when located within the R-80, RR, R-40, R-30, R-20, R-15, R-10, RD, PUD, RA-6, RM-8, FST, RM-12 and MHP districts with the following minimum requirements:

a.

Minimum lot size is five usable acres, excluding floodplain.

b.

Primary access to the facility shall be from an arterial or major collector roadway.

c.

Structures associated with the use shall be located a minimum of 50 feet from any property line.

d.

Structures associated with the use shall be limited to 45 feet in height.

e.

When abutting any residential property line, a 35-foot landscaped screening buffer shall be approved by city staff (see landscaping standards).

f.

An overall parking and landscape plan for the entire site shall be approved by city staff.

g.

One paved parking space shall be provided for every four seats in the designated assembly area, plus one per employee. In the absence of designated assembly areas, one paved space shall be provided per 300 square feet of gross floor area.

h.

A lighting plan shall be approved in accordance with section 48-195.

(13)

Coliseums, stadiums and convention centers (privately-owned), subject to the following minimum requirements:

a.

Minimum acreage is ten acres.

b.

A special land use permit is required.

c.

A traffic and parking plan shall be approved by the city staff.

d.

Hours of operation shall be approved by the mayor and council at the time of the special land use permit public hearing.

e.

A noise abatement plan shall be approved by the mayor and council at time of the special land use permit public hearing.

(14)

Drive-in theaters, subject to the following minimum requirements:

a.

Minimum acreage is two acres.

b.

Driving and parking areas shall be paved.

c.

The theater screen, projection booth or other buildings shall be set back not less than 50 feet from any property line (unless the front setback is greater).

d.

The theater screen shall not be visible from an expressway, arterial or major collector roadway.

e.

No damaged or confiscated vehicles shall be stored on-site.

(15)

Extended stay motel and hotel, with the minimum requirements:

a.

Must obtain a special land use permit.

b.

A 75-foot buffer shall be provided where it abuts single-family residential and a six foot fence, or wall, placed on the property line.

c.

Required area, yards, height requirements shall be the same as those specified for RM-12.

d.

Distance between building structures: Building structures which are front face to front face or back face to back face shall be not less than 60 feet apart. Building structures which are side face to side face shall be not less than 30 feet apart. Building structures which are side face to front face or back face shall be not less than 40 feet apart.

e.

Arrangement of buildings: No building structure shall be situated so as to face the rear of another building structure within the development or on adjoining properties, unless differences in terrain and elevation would provide effective visual separation or unless the units are more than 60 feet apart.

f.

Structure length: Building structures shall not exceed 250 feet in length.

g.

Recreation area: One acre of land shall be set aside as open space and be developed for recreational purposes for each 50 building units planned for the development in accordance with the assumed needs of the occupants (or a proportionate percentage for less than 50 building units). The minimum size of a single recreational area shall be 10,000 square feet.

(16)

Heavy manufacturing establishments, subject to the following minimum requirements:

a.

A special land use permit is required.

b.

Such use shall not be located closer than 500 feet to any residential property line.

c.

Such use shall be carried on entirely within an enclosed building, with no outside storage, except for vehicles used for the operation.

d.

All necessary state and federal permits shall be obtained.

e.

Compliance with all applicable state and federal laws is required.

(17)

Hotel, subject to the following minimum standards:

a.

A special land use permit is required.

b.

Minimum acreage is two acres.

c.

All rooms shall be accessed through a main or central lobby.

d.

No rooms shall access to the exterior of the building unless required by fire/safety regulations.

e.

The minimum number of floors allowed shall be three floors, unless otherwise approved by the mayor and council.

f.

Architectural style/design to be approved by the mayor and council.

g.

All buildings shall have a minimum roof pitch of 4:12 as defined by applicable building codes.

h.

Conference, meeting or banquet facilities are allowed when supported by adequate parking and approved by the mayor and council as part of the special land use permit.

i.

Restaurants or other type of eating facilities are allowed when supported by adequate parking and approved by the mayor and council. Continental-style dining for the guests of the facility only is allowed within or near the main or central lobby without additional parking.

j.

At a minimum, provisions for weekly cleaning for each suite must be provided.

k.

Each suite must be protected with a smoke detector and sprinkler system approved by the fire marshal or his designee.

l.

Each suite shall be required to include an automatic power off timer for each stove/cook top unit or other type burner.

m.

Parking shall be calculated as one space required for each suite, with an additional ten spaces provided for employees. Parking requirements for conference, meeting or banquet facilities or restaurants or other type of eating facilities within a suite hotel shall be calculated as provided for each use in section 48-198, in addition to the above parking requirements and approved by the mayor and council.

n.

There shall be no outside storage allowed or long-term parking of heavy equipment, or parking of construction or related equipment allowed.

o.

A landscaping plan is to be approved by staff with emphasis on planting within the parking facilities.

p.

No facility under this section is to be converted or used primarily as an apartment or condominium.

(18)

Mausoleums when used in conjunction with a cemetery provided that all requirements for the cemetery have been satisfied.

(19)

Mining, subject to the following minimum requirements:

a.

Removal or extraction of dirt, sand and soil is subject to the following:

1.

The removal area shall be completely enclosed with a fence not less than six feet in height when considered necessary by the building official.

2.

Drainage plans and a plan for the development of the site when the removal is completed shall be submitted with the application for a development permit.

3.

Such uses shall not be established within 500 feet of a residential use or 200 feet of any other use.

4.

This subsection shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes.

b.

Removal or extraction of rock and gravel is subject to the following:

1.

The removal area shall be sealed by fencing or grading or some other device from general public access. All entrances shall be fenced and locked during non-business hours.

2.

Drainage plans and a plan for the development of the site when the removal is completed shall be submitted with the application for a development permit.

3.

The operational and removal area of such uses shall not be established within 4,000 feet of a residential use or 2,000 feet of any other use.

c.

No mining shall be allowed, except after advertisement of a public hearing by the board of zoning and variance appeals for the purpose of determining whether or not any adverse effect would result to surrounding property owners and whether or not a nuisance, as defined by state law, would be created.

(20)

Outdoor commercial racing of motorcycles, automobiles, trucks, tractors and motorized vehicles, subject to the following minimum requirements:

a.

A special land use permit is required.

b.

All necessary state and federal permits, if any, shall be obtained.

c.

A traffic impact study must be submitted with the application.

d.

No damaged vehicles shall be stored on-site for more than seven days.

e.

A noise abatement plan and air pollution abatement plan shall be approved by city staff.

f.

Hours of operation shall be limited as per the city noise ordinance.

(21)

Pawnshops and check cashing establishments, with the following requirements:

a.

Must obtain a special land use permit.

b.

Must have a minimum of 1,500 feet between any other similar businesses.

(22)

Petroleum or bulk storage facilities or chemical plants or storage facilities, subject to the following minimum standards:

a.

A special land use permit is required.

b.

Compliance with all applicable state and federal laws is required.

c.

All necessary state and federal permits shall be obtained.

d.

A spill containment plan shall be approved by city staff.

e.

Minimum acreage is five acres.

f.

No use shall be located closer than 1,000 feet to any residential dwelling or school.

g.

Hours of operation shall be limited to daylight hours.

h.

Noise abatement and air pollution abatement plans shall be approved by city staff.

i.

A fire prevention, evacuation and safety plan shall be approved by the fire marshal.

(23)

Private landfills, composting centers or recycling centers, subject to the following minimum requirements:

a.

A special land use permit is required.

b.

All necessary state and federal permits shall be obtained.

c.

Compliance with all applicable state and federal laws is required.

d.

Such facilities shall only be allowed in a heavy industrial zoning district, provided that the mayor and council may grant a variance for filling of a specific natural land depression provided such fill shall not include garbage or other materials subject to decomposition.

e.

Such facilities shall be approved by the mayor and council after public hearing. Both a development permit from the building official and written approval of the health department shall be issued before any landfill operation begins.

f.

Such facilities shall be allowed only in areas incapable of development without landfill operations as determined by the building official.

g.

No hazardous wastes as defined by state and federal law shall be disposed or discharged into the landfill site.

h.

No garbage shall be disposed of within 2,000 yards of the public highway, a residence, or any gathering place unless approved by the mayor and council.

i.

Truck traffic routes and entrances to the facility shall be approved by the traffic engineer.

j.

The sanitary landfill site must be accessible without travel over residential streets.

k.

All sanitary landfills shall have and keep on their premises in good working order a crawler-type tractor equipped with either a straight blade bulldozer, an angle blade bulldozer, a scraper (eight cubic yards or larger), a front end loader, a bull clam, or other attachments of a similar nature. The combined weight of such tractor and accessories as set forth in this subsection shall be not less than 18,000 pounds.

l.

All sanitary landfills hereafter established or operated shall be enclosed with a fence at least six feet high with openings therein not more than those in two-inch mesh wire, or some other similar fencing materials or device. Such fencing shall be adequate to prevent paper and similar or related refuse from blowing from the landfill onto neighboring property.

m.

All sanitary landfills shall have an operator in attendance at all times when the fill is in use, and such fill must be barricaded when closed to the public.

n.

Any changes in the normal drainage of the property upon which the sanitary fill is located shall be accommodated by storm sewers as necessary to properly care for drainage. Such storm sewers shall be installed at the expense of the user.

o.

All operators of sanitary landfills must pack and cover daily all materials placed thereon with at least six inches of earth in such a manner as to prevent fires and meet any and all other requirements of the fire code. All completed landfills must be covered with at least two feet of earth. Burning of any kind of refuse on the landfill is prohibited.

p.

This section shall not prohibit the dumping for disposal by burial of dry waste building materials concurrently with and on the same property as a structure under construction. Such waste shall be covered with at least two feet of earth before occupancy of the structure, but no such waste may be buried within 20 feet of any structure, drainage easement or drainfield.

(24)

Private schools of general and special education with the following minimum requirements:

a.

Minimum lot size is five acres.

b.

Minimum public road frontage is 100 feet.

c.

An overall parking and landscape plan for the entire site shall be approved by city staff.

d.

One paved parking space shall be provided for every person lawfully permitted within the assembly areas at one time, plus one per employee. In the absence of designated assembly areas, one paved space shall be provided per 300 square feet of gross floor area.

(25)

Sawmill (temporary), firewood dealers or similar businesses with the following minimum requirements:

a.

Must be located a minimum 500 feet from any residentially zoned property.

b.

Must maintain a visual buffer, either natural or manmade, so as to be screened from residential property.

c.

Any area where parking is needed for equipment, vehicles or trucks, they must be on a paved surface.

(26)

Tattoo parlors, with the following requirements:

a.

Must obtain a special land use permit.

b.

Must have a minimum of 1,500 feet between any other similar businesses.

(Code 1985, § 22-171)

Each use shall meet the following requirements:

(1)

Street access generally. Each building shall be located on a lot or parcel which abuts a public street for at least 50 feet. Access to a public street by means of a recorded access easement may be permitted if approved by city engineer.

(2)

Curb cuts in districts other than R districts. Curb cuts for service drives, entrances, exits and other similar facilities on public streets in other than R districts shall not be located within 50 feet of any intersection or within 40 feet of another curb cut. A curb cut shall be no greater than 40 feet in width and no closer than 20 feet to any property line.

(3)

Approval of entrances and exits on state highways. All entrances or exits of any street or drive, public or private, from or to any state highway shall be approved by the state highway department prior to the construction of such street or drive, or the issuance of any development permit for any improvement to be served by such street or drive, but permit approval shall not be withheld longer than 30 days.

(4)

Corner visibility clearance. In any district, no fence, structure, sign, planting or other obstruction above a height of three feet shall be maintained within 15 feet of the intersection of the right-of-way lines extended of two streets, or of a street intersection with a railroad right-of-way.

(5)

Off-street automobile parking. Off-street automobile parking shall be provided in accordance with all applicable provisions of this section.

a.

Design standards. All parking facilities, including entrances, exits and maneuvering areas, shall comply with the following provisions:

1.

All parking design standards shall meet the requirements set forth in the city development regulations.

2.

Such facilities shall have access to a public street.

3.

Such facilities, including access drives, shall be graded and paved, and be curbed when needed for effective drainage control.

4.

Such facilities shall have all spaces marked with paint lines, curbstones or other similar designations.

5.

Spaces and drives shall conform to the following standards:

(i)

Each space set at a 90-degree angle shall be not less than 162 square feet in size and shall not be less than eight feet, six inches wide and 19 feet deep, exclusive of passageways, which shall be not less than 24 feet wide.

(ii)

Each space set at a 60-degree angle shall be not less than 176 square feet in size and shall be not less than eight feet, six inches wide and 20 feet, eight inches deep, exclusive of passageways, which shall be not less than 18 feet six inches wide.

(iii)

Each space set at a 45-degree angle shall be not less than 165 square feet in size and shall be not less than eight feet, six inches wide and 19 feet, five inches deep, exclusive of passageways, which shall be not less than 13 feet, six inches wide.

(iv)

There shall be adequate interior drives to connect each space with a public street.

6.

Such facilities shall be drained so as to prevent damage to abutting properties or public streets.

7.

Adequate lighting shall be provided if the facilities are to be used at night. Such lighting shall be arranged and installed so as not to reflect or cause glare on abutting properties and shall be subject to the lighting requirements in section 48-195.

8.

Any parking areas within the required front yard of any RM or office district shall not be closer than ten feet to any public right-of-way.

9.

No parking or loading area shall be established in the required front yard of any R district, except for a single-family residential use; no more than 35 percent of the required front yard may be used for parking in such case. No tractor trailers or heavy equipment shall be allowed to park in any residential district.

The provisions of subsections (5)a.2, 3, 4, 6, 7 and 8 of this section shall not apply to single-family residential uses where three or less spaces are required.

b.

Location. All parking facilities shall be located in accordance with the following provisions:

1.

The required space shall be provided on the same plot with the use it serves, except as provided in this section.

2.

If vehicular parking or storage space required cannot be reasonably provided on the same lot on which the principal use is conducted, the board of variance and zoning appeals may permit such space to be provided on other off-street property provided such space lies within 400 feet of the main entrance to such principal use. Such vehicular parking space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

3.

The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will be closed at nights or on Sundays.

4.

In the R-30, R-20, R-15, R-10, RD, and RA-6 districts, only one vehicle, one boat and one recreational vehicle (or any combination of such totaling three) may be parked in the rear and side yard areas but shall not be beyond the front building line and must be parked on a hardened surface.

5.

In the R-40, R-80 and RR districts, any combination of boats and recreational vehicles exceeding three must be screened from public roadways via a buffer (approved by city staff) or fencing.

c.

Surfacing. The parking of any vehicle on any lot in any district other than a surface treated and hardened with concrete, asphalt, tar and gravel mix, or the like, to accommodate such vehicle, is prohibited, except as provided in this section. (All tires of vehicle must be on hardened surface.) The required number of surface treated and hardened parking spaces for any use or number of separate uses may be reduced via an administrative variance per section 48-34, if:

1.

The reduced number of spaces is provided on a pervious surface approved by the building official or his designee; or

2.

Documentation is submitted and approved by city staff that indicates a reduced number of spaces is sufficient for the use or combination of uses provided that the area remains in a natural state or is landscaped.

This reduction shall not allow for any increase in square footage of any use or number of separate uses. In addition, parking of vehicles within the front yard setback or in front of the principal building line in an R district shall be prohibited, except on a hardened surface with concrete, asphalt, tar and gravel mix, or the like, driveway or in a carport or garage. (For the purpose of this section only, the use of concrete blocks, pavers, runners or the like, used as a treated and hardened surface, must be installed permanent and not loosely on top of the ground.)

d.

Off-street truck, RV, or trailer parking.

1.

There shall be no parking in residential areas either on- or off-street of any form of tractor-trailer truck or any other truck (either in part or whole). The on-street parking of boats, boat trailers, campers, utility trailers, etc., is prohibited.

2.

Tractor trailers of any form, either in part or whole, shall be prohibited from parking in any business district, except for heavy industrial zoned areas over night or prohibited from being used for storage, except for those trucks used to sell seasonal products such as pine straw, wheat straw or annual plants. This shall be for no longer period of time than a two month duration. A special land use permit may be applied to exceed this period of time.

e.

Required spaces. The number of parking spaces or area required for a particular use shall be as follows:

The mayor and council may, at its discretion, reduce the required parking spaces to such number as it deems adequate in instances where applicant reduces the impact on roads and traffic, and the impact associated with runoff by grading and creation of impervious surfaces, by incorporating and utilizing an active ride-sharing program through the state department of transportation.

(Code 1985, § 22-172)

Television, land mobile, communication, microwave and radio transmission antennas and towers shall be subject to the following:

(1)

General provisions; applicability.

a.

The height limitations set forth in this chapter applicable to buildings and structures shall not apply to towers and antennas which shall be governed by the special use permit procedure set forth in this chapter.

b.

These standards shall only be applicable to antennas and towers in excess of 35 feet in height.

c.

The mayor and council may consider for approval a site plan specific request which is in substantial conformance with the requirements listed in this section.

d.

In considering applications under this section, it shall be the policy of the city to construe all exemptions from zoning under this chapter narrowly and, unless expressly exempted, to ensure that all proposals to construct television, land mobile, communication, cellular, PCS, wireless communication, microwave and radio transmission towers, antennas and other facilities conform to the requirements set forth herein.

(2)

Special use permit required. A special land use permit shall be required for all television, land mobile, communication microwave and radio transmission antennas and towers. An application to place any such facilities on a tower or other facilities constructed, or to be constructed, pursuant to the exemption set forth in section 48-3(2) shall be considered as though the applicant were seeking to build not only the new facilities to be constructed, but also the tower or other facilities that were or are to be built pursuant to that exemption.

(3)

Application, design, location and safety requirements.

a.

Setback and separation.

1.

All towers and antennas in excess of 70 feet must be set back a distance equal to the full height of the tower from any adjoining off-site residential structure or as safety concerns may dictate.

2.

When proposed to be constructed upon parcels which are less than three acres, all towers shall be set back a distance equivalent to one-half of the tower's height as measured from the tower's base, to any public right-of-way or property boundary. When proposed to be constructed upon parcels which are three acres or greater, towers shall be set back a distance equivalent to height of the tower. However, the mayor and council may waive the requirements contained in this subsection if it finds that placement of the proposed tower at a different location on the parcel would mitigate any negative effects of the proposed tower upon the adjoining parcels.

3.

In any R, or residential zoning district, any tower over 100-feet in height shall not be located within 1,500 feet from an existing or approved tower that is more than 100 feet in height.

4.

Any property within the fall zone of a tower may not be developed for residential uses, or uses in which more than 25 people congregate.

b.

Collocation of antennas or other facilities or equipment on existing towers that have already received special land use permits is required, so long as technically feasible and space is available on the existing towers to do so, and all towers should be designed to accommodate at least three users.

c.

Accessory structures shall be limited to usages associated with operation of the antennas or towers and shall be appropriate in scale and intensity.

d.

All towers and antennas shall be equipped with an anti-climbing device, such as a six-foot barbed strand fence or other appropriate devices to prevent unauthorized access.

e.

All towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission or such governing agency guidelines as may be established from time to time. All towers and antennas must be updated and brought into conformity with such standards and regulations within six months of their adoption. The failure to comply with this provision shall be grounds for the city to require removal or repermitting of the antenna or tower at the owner's expense.

f.

At the time of application for building permit, the plans for tower or antenna construction shall be certified by an independent registered structural engineer as meeting all current safety and design standards of all applicable codes.

g.

Applicants are required to explore and fully utilize space on existing towers that have already received special land use permits and are required to bear an equitable share of capital, operating and other expenses in connection with such shared usage.

h.

Residential sites are strongly disfavored for tower location. Use of platted lots in existing subdivisions is prohibited. In addition to all other criteria contained in this section, applicants proposing towers on residentially zoned parcels must demonstrate that there are no other residentially zoned but not residentially used, locations for the proposed tower, such as parks, schools, churches, and other institutional uses.

i.

Towers and antennas are encouraged to be located at a height above the tree line no greater than necessary to reasonably accommodate the facilities.

j.

In addition, all such towers and antennas shall be designed to minimize visual scenic impact when located on a hill.

k.

Any tower approved under the provisions of this section which is not utilized by any communications service provider for any communications related purpose for a period of 24 consecutive months shall lose any privilege of special use previously granted by the mayor and council, and must thereafter be resubmitted for approval prior to use for any purpose not permitted by the existing zoning.

l.

Other than amateur radio towers, no new tower shall be permitted unless the applicant demonstrates to the satisfaction of the mayor and council that there is an actual need for the proposed tower and that no existing tower or existing alternative tower structure can accommodate the applicant's proposed antenna. At the time of filing the application for the tower, the items listed below must be satisfactorily addressed by the applicant. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts and shall consist of more than mere conclusory statements. Evidence submitted in connection with this subsection shall, at a minimum, consist of the following:

1.

That no existing towers or suitable alternative tower structures are located within the geographic placement area required to meet the applicant's engineering requirement.

2.

That the existing towers or structures do not have sufficient structural strength to support applicant's antenna and related equipment.

3.

That the applicant's proposed antennas on the existing towers or structures, or the antennas on the existing towers or structures, would cause interference with the applicant's proposed antenna.

4.

That the cost of contractual provisions required by the tower owner to share an existing tower or structure or to adapt an existing tower or structure are unreasonable.

5.

That the applicant adequately demonstrates that there are other limiting factors that render towers and structures unsuitable.

6.

With respect to wireless communications towers, that there is a significant gap in wireless service in the geographic area under consideration, and the this gap is demonstrated by dropped call data and analysis and actual wireless coverage field tests performed in the geographic area under consideration.

7.

That a lower tower height was considered but determined not to offer adequate coverage improvement.

(i)

For each of the above, the applicant must submit an affidavit listing the existing towers which were considered, and ultimately rejected, by the applicant and provide a detailed explanation of why the existing towers are not usable.

(ii)

Further, at the time of filing the application for a tower, the applicant shall provide a site plan, scaled elevation drawing of the proposed tower, information regarding topography, radio frequency engineer's report that details the need for the proposed tower (the radio frequency engineer's report shall address possible alternatives, such as lowering the height of the tower, collocating on another tower, and incorporating stealth towers such as monopines, slick sticks, and the like), and coverage zone and tower height requirements. The applicant shall provide documentation of all towers within a three mile radius of the proposed locations, to include the number of users approved to collocate and the number of users on the towers. The applicant shall be required to submit a written analysis to address the 15 considerations contained in section 48-36(e). and the following additional items:

A.

The proximity of the tower to off-site residential structures and residential areas.

B.

The tower's effect on property owners or potential purchasers of nearby or adjacent residentially zoned properties.

C.

The height and species of surrounding trees and foliage.

D.

The height of existing structures.

E.

The aesthetic design of the tower in relation to reducing or eliminating visual obtrusiveness to the surrounding area.

F.

The impact of the proposed tower upon the scenic views and visual quality of the area. The community affairs department shall be authorized to charge a fee to applicants in an amount set by the mayor and council designed to allow the city to retain services of one or more consultants, engineers, or other experts in the area of radio frequency engineering or other relevant fields to assist the city in analyzing the application.

(4)

Nonconforming clause. Any existing tower or antenna location existing on the date of adoption of the ordinance from which this section is derived shall be considered a legal nonconforming tower and not required to meet the requirements of this section, subject to the other provisions of this chapter.

(5)

Landscape buffer and screening requirement. Telecommunication tower equipment shall have a 15-foot screening buffer between the tower and the residentially zoned property which will be subject to city staff approval. Required buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Additionally, necessary private utilities or access drives may be allowed through, over or across a landscaped buffer. Any such uses which are proposed through, over or across a designated, undisturbed buffer must be approved pursuant to an original site plan or site plan modification.

a.

Objectives. The landscape screening buffer required by this section shall be implemented in connection with a permitted project and shall address the following objectives:

1.

Screening to enhance aesthetic appeal;

2.

Control or direction of vehicular and pedestrian movement;

3.

Reduction of glare;

4.

Buffering of noise; and

5.

Establishment of privacy.

b.

Standards. The landscape screening buffer required by this section is subject to review and approval by city staff in accordance with the following standards:

1.

Plantings are to be a mix of rows of evergreen trees and shrubs, deciduous trees and taller evergreen trees.

2.

Species are to be ecologically compatible to the site and appropriate for the design situation.

3.

Unless public safety concerns dictate otherwise, buffers should provide a maximum visual barrier.

4.

The minimum height of plant materials at installation is to be five feet for trees.

5.

Fencing or walls are to be a minimum of six feet in height as approved by city staff.

6.

Trees included in buffer plantings may be counted toward site density calculations as required by the city subject to review and approval of city staff.

7.

Buffers shall be regularly maintained by the property owners to ensure that the objectives and standards of this section are met.

8.

When topography and existing conditions allow, the required landscape buffer should be an undisturbed buffer; provided, however, the buffer may be crossed by an access drive as shown on the site plan or necessary utilities.

9.

Any appeals from a determination by city staff regarding the landscape buffer shall be to the board of variance and zoning appeals.

(6)

Exemptions.

a.

A single antenna under 70 feet in height owned and operated by a federally-licensed amateur radio station operator shall be exempted from the requirements of this section. However, the owner or operator of such antenna shall be required to comply with all applicable city, state and federal building codes.

b.

Roof antennas on nonresidential structures are exempted from the requirements of this section, except that such antennas shall meet or exceed FAA and FCC standards. Subsection (4) of this section shall also apply to roof antennas on nonresidential structures. Such nonresidential structures shall include signs, light poles, water towers and other such suitable freestanding structures as may be located throughout the city. Antenna placement above the height of the structure utilized shall be limited to 20 feet. Placement of antennas or other communications equipment on any legal nonconforming use shall provide no vested right for continued use of the site should the nonconforming use cease.

c.

Placement of antennas or other facilities or transmission equipment on existing, towers that have already obtained a special land use permit, as well as on towers that are covered by subsection (4) of this section, shall be exempted from the requirements of this section so long as the structure or height of such existing tower is not altered. The building official or his designee shall be authorized to grant administrative approval to site plan amendments necessitated by the placement of such additional equipment in previously approved equipment compounds. All requirements of subsection (5)b of this section shall apply to any site plan so amended. This exemption shall not apply to applications seeking placement of antennas or other facilities or transmission equipment on towers constructed pursuant to the exemption set forth in section 48-3(2).

(Code 1985, § 22-173)

No antenna or satellite television antenna or dish shall be erected, constructed, maintained or operated, except in conformance with the following regulations:

(1)

Location.

a.

In any commercial, industrial or multifamily residential district, satellite television antennas or other antennas may be located, subject to applicable setbacks, anywhere on the lot or buildings thereon.

b.

In a noncommercial or single-family district, subject to the provisions contained in this section, such antenna shall be located only to the rear of any principal structure. If usable satellite or communication signals cannot be obtained from the rear location, the antenna may be located in the side yard, subject to applicable setbacks.

c.

If usable satellite or communication signals cannot be received by locating the antenna in the rear or to the side of the principal structure, such antenna may be placed in the front yard or on the roof of the dwelling structure, provided that a satellite reception permit is obtained prior to such installation. Such permit shall be issued upon a showing by the applicant that usable satellite signals are not receivable from any location on the property other than the location selected by the applicant. A satellite reception permit shall not be required for installations complying with subsections (2)a. and (2)b. of this section.

(2)

Size.

a.

In a noncommercial or single-family district, a satellite television antenna or other antenna shall not exceed 12 feet in diameter, and a ground-mounted satellite television antenna or other antenna shall not exceed 20 feet in height, including any platform or structure upon which the antenna is mounted or affixed.

b.

Radio antennas shall not exceed 35 feet in height without compliance with the standards contained in section 48-199.

c.

If usable satellite signals cannot be obtained from an antenna installed in compliance with the height limitation imposed by subsection (3)a. of this section, such antenna may be installed at a greater height, provided that a satellite reception permit is obtained prior to such installation. Such permit shall be issued upon a showing by the applicant that installation at a height greater than 20 feet is necessary for the reception of usable satellite signals. A satellite reception permit shall not be required for installations complying with subsection (3)a. of this section.

d.

Except in a commercial, industrial or multifamily residential district, satellite television antennas or other antennas shall be located and designed to screen and reduce visual impact from surrounding properties at street level and from public streets.

e.

Antennas shall meet all manufacturer's specifications, be on noncombustible and corrosion-resistant material, and be erected in a secure, wind-resistant manner.

f.

Every antenna must be adequately grounded for protection against a direct strike of lightning.

(Code 1985, § 22-174)

(a)

Class I manufactured homes.

(1)

Zoning. No manufactured home, Class I, shall be installed, used, parked or occupied on any site in the city, except one zoned MHP or MHP/S or on a site for which a land use permit for such use been issued by the city, except that such units may be located for sale upon a site properly zoned to a commercial classification which allows such activity.

(2)

Notification to purchaser. It shall be the duty and responsibility of any seller of a unit of this class to notify any potential purchaser, prior to completion of any sale, of the zoning requirements of subsection (a)(1) of this section, and this notification shall be evidenced by a statement signed by each purchaser at the time of any sale that such notification was made prior to completion of the sale. Such signed statement shall be retained by the seller for a minimum of three years from the date of sale and shall be produced for inspection by the city at any time during the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday, except holidays established by the city, through the community affairs department, upon request by the city for inspection.

(b)

Class II manufactured homes.

(1)

Zoning and permits. No manufactured home of this class shall be installed, used, parked or occupied on any site in the city, except one zoned MHP or MHPS or on a site for which a land use permit for such use has been obtained from the city (except that such units may be located for sale upon property properly zoned to a commercial classification which allows such activity), unless the following requirements are met:

a.

An application shall be filed with the city, through the community affairs department, for a permit from the mayor and council to allow such installation, use and occupancy for single-family purposes on any site zoned for single-family use, and a permit must be obtained prior to transportation to such site. Such application shall be on forms specified by the city and shall include such information as is reasonably necessary for evaluation of the application.

b.

The following, as a minimum, shall be filed with the application:

1.

A complete set of design plans as approved by SSBCCI, which should also include a drawing depicting each elevation of the exterior appearance of the unit.

2.

A plat of the proposed site prepared by a registered surveyor showing, at a minimum, the exterior boundaries of the site, proposed location of the unit upon the site, and side, front and rear setbacks of the unit as proposed to be located, as measured from the exterior boundaries of the lot.

3.

A fee in an amount determined by the mayor and council and on file in the office of community affairs.

4.

A certificate from an inspector certifying that the unit was manufactured in accordance with the SSBCCI approved plans and the building codes in effect for the city at the time of filing the application for a permit, for example, building, heating and air conditioning, plumbing, electrical or other codes.

c.

The permit required in this subsection shall be in addition to all other permits or requirements of the ordinances, rules and regulations of the city.

d.

No action on a request for permit shall be considered by the mayor and council until a sign is posted on the proposed site for a period of not less than ten days stating the requested action and the date, time and place for the hearing, and a hearing is conducted by the mayor and council.

e.

No such permit shall be granted unless the unit, when completely installed as a single-family dwelling unit, will be compatible with the adjacent and surrounding area, especially in size, exterior appearance, front, rear and side setbacks, and will have no adverse effect upon the value of adjacent property and the surrounding area and will not otherwise be detrimental to the health, safety or welfare of the citizens of the city. No unit shall be installed upon any site unless and until any permit required in this section is granted and unless and until all permits for any on-site work to be performed (such as site preparation, utility and service connections, foundation or any other on-site work) have been obtained from the city. The applicant for any such permits shall pay to the city, at the time of application, its fee for those inspections required for on-site work. Such fees shall not exceed the amount charged for similar inspections and permits on conventionally built structures.

f.

In addition to obtaining the permit required by this subsection, and prior to occupancy, every such unit which is installed shall be installed on a permanent foundation, which is permanently enclosed, and shall have all wheels, axles and hitches removed.

g.

No unit shall be installed upon any lot or parcel of land which forms a part of a platted subdivision for which a plat has been approved by the city and recorded in the office of the clerk of the superior court.

(2)

Notification to purchaser. It shall be the duty and responsibility of any seller of a unit of this class to notify any potential purchaser, prior to completion of any sale, of the requirements of zoning or the necessity to obtain a permit as set forth in subsection (b)(1) of this section. This notification shall be evidenced by a statement signed by each purchaser at the time of closing that such notification was made prior to completion of the sale. Such signed statement shall be retained by the seller and subject to inspection in the same manner as such statements are required to be retained for Class I units.

(c)

Industrialized buildings.

(1)

Permits required. No industrialized building shall be installed upon any site unless and until all permits for any on-site work to be performed (such as site preparation, utility and service connections, foundation or any other on-site work) have been obtained from the city.

(2)

Permit fees. The applicant for any such permits shall pay to the city, at the time of application, its fee for those inspections or permits on conventionally built structures.

(3)

Insignia requirements. No industrialized building shall be installed or occupied in the city unless it bears an insignia of the department of community affairs of the state indicating state approval pursuant to the acts of the general assembly.

(4)

Zoning. No industrialized building shall be erected upon any site in the city, or used for any purpose, unless the site is properly zoned for the intended use or a land use permit has been obtained for the intended use, and unless all other requirements of zoning (setback requirement, building size, etc.) and other ordinances of the city are met which are applicable to the zoning classification for the site or for the installation.

(5)

Applicability of city regulations. This section does not eliminate the necessity of complying with any ordinance, rule or regulation of the city which relates to matters addressed, investigated and approved by the state through its department of community affairs resulting in the issuance of its insignia.

(6)

Notification to purchaser. It shall be the duty and responsibility of any seller of any industrialized building to notify any potential purchaser, prior to completion of any sale, of the requirements of this subsection. This notification shall be evidenced by a statement signed by each at the time of completion of a sale, that such notification was made prior to completion of the sale. Such signed statement shall be retained and open for inspection the same as for a manufactured home, Class I, as provided in subsection (b) of this section.

(d)

Minimum square footage per occupant. Each mobile home must consist of one or more rooms which are arranged, designed or used as living quarters for one family (as defined in section 48-1) and two or fewer persons who are not family members.

(1)

A mobile home may be occupied only by a family and up to two persons who are not family members.

(2)

A mobile home shall have an interior bathroom and complete kitchen facilities, permanently installed.

(3)

A mobile home shall have at least 250 square feet of total square footage (as determined in the records maintained by the Cobb County tax assessor) per each adult occupant.

(4)

No more than one vehicle per 250 square feet of total square footage may be parked regularly overnight at or within a paved parking area as required by the MHP and MHP/S zoning districts. The term "regularly" means a majority of nights in any 21-day period. Exceptions to this subsection may be considered as part of a land use permit processed in accordance with section 48-35.

(e)

Violations. Any violation of the provisions of this section shall be punishable by loss of the business license of any seller. In addition, any manufactured home or industrialized building erected, constructed, parked, occupied or used in violation of the terms of this section shall be termed a nuisance and a continuing nuisance so long as such violation may be continued, and such violation may be subject to abatement as a nuisance as provided by the laws of this state, and the industrialized building or manufactured home shall be instantly removed from the site. In addition, the terms of this section may be enforced by the city, or proper city authority authorized by the mayor and council, by injunction or otherwise. This right to injunctive relief is cumulative and is not to be construed as curtailing the rights of any resident, property owner or other person regarding enforcement of this section or of such rules and regulations as may be promulgated by the city in pursuance of this section.

(Code 1985, § 22-178)

(a)

Purpose and intent. The purpose of this section is to establish minimum standards for use, site development, construction and placement of self-service storage facilities and allow service convenience that satisfies the needs of the citizens of the city. Self-service storage facilities shall be permitted within the light industrial and heavy industrial classification.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Dead storage means storage of goods partly not in use and not associated with any principal commercial or manufactory use.

Self-service storage facility means a fully enclosed facility containing independent bays, which are leased to individuals exclusively for dead storage of goods or personal property.

(c)

General regulations.

(1)

Use limitations. No wholesale or retail sales are permitted. A self-service storage facility included within a planned industrial development shall have a minimum of one acre devoted exclusively for such use. The only commercial activities permitted exclusively on the site of a self-service storage facility shall be rental of storage bays and pickup and delivery of goods or property in dead storage. Storage bays shall not be used to manufacture, fabricate or process goods, to service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities, to conduct garage sales or retail sales of any kind, to rehearse or practice utilizing band instruments, or for conversion to an apartment or dwelling unit, or to conduct any other commercial or industrial activities on the site.

(2)

Security quarters. A residential quarters for security purposes may be established on the site.

(3)

Fencing. The self-service storage facility shall be enclosed by a fence or wall a minimum of six feet in height. The fence or wall shall be constructed of either brick, stone, masonry units, wood, chain link, cyclone or other similar materials to be approved by the building official or his designee. The fence or wall shall be set back a minimum of 20 feet from the side and rear property lines. Fences and walls shall adhere to the required front yard setback. This requirement will be inapplicable should the facility comply with subsections (f)(6)a and b of this section.

(4)

Storage bays not to be used as legal address. Individual storage bays within a self-service storage facility shall not be considered premises for the purpose of assigning a legal address in order to obtain an occupational license or any other governmental permit or licenses to do business.

(5)

Prohibited storage. Except as provided in this section, all property stored on the site shall be entirely within enclosed buildings. Storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is prohibited.

(6)

Minimum lot size. Notwithstanding any other provisions of this chapter, the minimum lot size for a self-service storage facility shall be one acre.

(7)

Building setbacks.

a.

The front setback shall be:

1.

50 feet on arterial streets.

2.

40 feet on major or minor collector streets.

3.

40 feet on local nonresidential streets.

b.

The side setback shall be:

1.

20 feet adjacent to residential and O&I zoned property.

2.

Ten feet on the side where all doors face internally adjacent to commercial or industrial zoned property.

c.

The rear setback shall be 30 feet.

(8)

Access. A self-service storage facility shall be located on a lot that gains access to a local nonresidential, major collector or arterial street as defined in the major thoroughfare plan.

(9)

Outside storage. Open storage of recreational vehicles and dry storage of pleasure boats of the type customarily maintained by private individuals for their personal use shall be permitted within a self-service storage facility provided the following conditions are met:

a.

Such storage shall take place only within a designated area. The area so designated shall be clearly delineated upon the site plan submitted for approval by the mayor and council when applying for a special land use permit.

b.

The storage area shall not exceed 25 percent of the total buildable area of the site.

c.

The storage area shall be entirely screened from view from adjacent residential and office areas and public streets by a building or by the installation of a six- or eight-foot-high wall or fence. If existing vegetation or topography provides the required screening, then this wall or fence requirement may be eliminated upon approval by the building official or his designee.

d.

Vehicles shall not be stored within the area set aside for minimum building setbacks.

e.

No vehicle maintenance, washing or repair shall be permitted on-site. Pleasure boats stored on-site shall be stored upon wheeled trailers. No dry stacking of boats shall be permitted on-site.

(d)

Development regulations.

(1)

Separation between storage buildings. If separate buildings are constructed, there shall be a minimum ten-foot separation between individual buildings. Buildings shall be situated or screened so that overhead access doors are not visible from public roads or residentially or office and institutionally zoned property.

(2)

Maximum bay size. The maximum size of a storage bay shall be 450 square feet.

(3)

Maximum building height. With the exception of the structure used for security quarters, the maximum height of a self-service storage facility shall be one story unless additional stories are approved by the mayor and council upon issuance of the special land use permit. The height of the building shall not exceed 20 feet. Roof-mounted air conditioning and other equipment, if utilized, shall be screened from view. The combined height of the building and the parapet wall shall not exceed 25 feet. All self-service storage facility shall utilize gable roofs with not less than a two and 12 slope.

(4)

Exterior architectural treatment. The exterior facade of all structures shall receive uniform architectural treatment, to be approved by the building official or his designee.

(e)

Parking requirements.

(1)

Generally. Designated customer parking is not required; however, a minimum of five parking spaces shall be provided adjacent to the facility's leasing office, if a leasing office is located on-site.

(2)

Interior parking. Interior parking shall be provided in the form of aisle ways adjacent to the storage bays. These aisle ways may be used for both circulation of traffic and user parking while using the storage bays. The minimum width of these aisle ways shall be as follows:

a.

If aisle ways permit two-way traffic, minimum width is 24 feet.

b.

If aisle ways permit only one-way traffic, minimum width is 20 feet. Prior to issuance of a certificate of occupancy, the traffic flow patterns in the aisle ways shall be clearly marked. Parking shall consist, at a minimum, of the use of standard directional signage and painted lane markings with arrows. In order to ensure appropriate access and circulation by emergency vehicles and equipment, the turning radii of the aisle ways shall be approved by city staff and the fire marshal at the time of plan review.

(f)

Landscape requirements. A detailed landscape plan shall be submitted with the development plans at the time of plan review for approval. Landscaping shall be provided in the areas between the property lines and the required fencing. This area shall be designated as a perimeter landscape strip. Landscaping shall be designed, placed and maintained in such a manner not to interfere with traffic visibility. A landscape strip of at least 20 feet in width shall be provided along all street frontages. The side and rear yard setbacks shall remain in their natural state or be re-landscaped when the self-service storage facility adjoins residentially or office and institutionally zoned property. If the existing vegetation is inadequate to buffer adjoining office and institution or residential development, an eight-foot-high wall shall be installed along interior property lines and street setbacks. The following minimum planting requirements shall apply as follows and shall supersede the landscape buffer and screening requirements of the GC zoning districts:

(1)

A minimum of one tree shall be planted for each 20 feet of perimeter landscape strip.

(2)

Immediately upon planting, trees shall be a minimum of ten feet in height.

(3)

The provisions outlined in subsections (f)(1) and (2) of this section do not negate the requirements outlined within the city tree preservation and replacement ordinance, or any additional requirements that may be required by the mayor and council.

(4)

If a hedge is to be installed in the perimeter landscape strip, the hedge shall be 24 inches in height upon planting, with the material planted every 24 inches on center. All planting shall be maintained in good condition by the property owner.

(5)

If the perimeter landscape strip is to remain undisturbed or natural, utilizing existing vegetation, then the requirements of subsections (f)(1) through (4) of this section can be eliminated, except for the landscape plan. The landscape plan shall indicate the limits of the perimeter landscape strip.

(6)

In the absence of adequate vegetation, in addition to a perimeter landscape strip, an eight-foot-high wall is to be constructed between a residential or office and institutional property line and the storage bays. The wall may be omitted along that portion of the perimeter landscape strip when all the following are met:

a.

The exterior facades of the storage buildings present an unbroken, wall-like appearance when seen from adjacent residential or office and institutional properties or rights-of-way. Storage bay doors shall not face towards adjacent residential or office and institutional properties or rights-of-way. This shall not prevent the installation of fire access doors, if mandated by the fire marshal.

b.

The exterior facades of separate storage buildings are joined by walls to give appearance of structural continuity.

c.

The resulting area between the outer face of the buildings and the property line or right-of-way is maintained and appropriately planted as a landscaped buffer utilizing berms, plantings and existing vegetation and approved by the building official or his designee.

d.

There are no aisle ways or other vehicle access ways located in the area between the building and adjacent residential or office and institutional property lines or rights-of-way.

(g)

Dumpsters and trash receptacles. Dumpsters and trash receptacles shall be located where they are not visible from adjacent residentially zoned properties, and adequately screened from view from all other adjacent properties and streets. Dumpster locations are to be approved by the staff during the plan review process.

(h)

Signage.

(1)

Maximum number. One freestanding sign shall be allowed for each lot frontage on which a self-service storage facility has access to a public dedicated street. In addition, one flat wall-mounted sign may be utilized.

(2)

Maximum height. The maximum height of a freestanding sign shall not exceed 20 feet.

(3)

Maximum sign area. The maximum total sign structure area for a freestanding or wall-mounted sign shall not exceed 100 square feet.

(4)

Prohibited signs. The following types of signs are prohibited on the site:

a.

Off-premises outdoor advertising signs.

b.

Signs placed on the doors of individual storage bays.

c.

Roof-mounted signs.

Signs attached to a required wall or fence are also prohibited, but may be approved by the building official or his designee.

(i)

Outdoor lighting. All outdoor lights shall be shielded to ensure that light and glare are limited to the premises and are directed away from adjacent properties. Lights shall be low intensity. If a self-service storage facility abuts a residentially zoned property, outdoor lighting shall be limited to a maximum height of 15 feet.

(j)

Use of loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on the site.

(Code 1985, § 22-179)

Automobile and scrap salvage yards may be permitted in the HI (heavy industrial) zoning district, but only after application has been made for a special use permit and the permit has been granted by the mayor and council.

(Code 1985, § 22-180)

(a)

In all nonresidential zoning districts, no vehicular use areas shall be constructed adjacent to a public street, publicly approved street, or publicly maintained street without a landscape enhancement strip. For the purposes of this section, a vehicular use area shall be defined as a parking lot with more than five parking spaces, a vehicular drive running parallel to the street or a loading dock area.

(b)

The landscape enhancement strip will extend along the entire road frontage, except for approved access drives and shall extend from the right-of-way line into the property a distance of eight feet.

(c)

The purpose of this strip is to enhance the landscape between the right-of-way and the vehicular use areas from the public streets. The strip may only include trees required to be planted to meet tree ordinance street yard requirements, evergreen shrubs, grasses, berms and the combination of such, except for the following exemptions:

(1)

Vehicular access drives placed approximately perpendicular to the right-of-way;

(2)

Foot and bicycle paths;

(3)

Walls and fences less than six feet in height;

(4)

Landscaping sculpture, lighting fixtures, trellises and arbors;

(5)

Utility transformers;

(6)

Signage;

(7)

Public utilities, including stormwater detention facilities, provided that they are placed approximately perpendicular to the right-of-way. After installation, the landscape enhancement strip shall be restored. Where existing lines or planned lines/utilities must run parallel to the right-of-way, an equivalent amount of landscape enhancement strip may be required beyond the eight feet. To the extent possible, such lines should be consolidated with vehicular access routes. If stormwater detention facilities must be located within the landscape enhancement strip, an equivalent amount of landscape enhancement strip may be required beyond the eight feet.

(d)

All plantings, berms and walls must meet state department of transportation or city standards for sight distances, irrigation and right-of-way obstructions. All standards for planting in a public easement apply as well. A corridor through the plantings must be incorporated in the design between a fire hydrant and the building.

(e)

The redevelopment of a site utilizing all or parts of an existing building shall not be required to meet the above landscape enhancement strip standards, except as follows:

(1)

When the orientation of the building changes to face another street frontage.

(2)

When new loading docks are proposed.

(3)

When new parking or drives are proposed.

(f)

Existing vegetation which is preserved may be applied toward meeting the intent of this section with the approval of the building official or his designee. The landscape enhancement plan shall be included with the civil plans submitted for land disturbance permit review. The plan shall include the following:

(1)

The, type, surveyed location, trunk diameter and critical root zone of any existing trees and the type, location and crown diameter of any existing shrubs that are proposed to be preserved.

(2)

The type, location and size of all street yard trees to be planted per development standards.

(3)

The type, location and size of all shrubs, grasses, berms, etc., to be planted.

The owner/developer of the property shall provide performance or maintenance surety for materials in this landscape enhancement strip. After the prescribed developer maintenance period, it shall be the responsibility of the landowner to maintain and replace as needed all plant materials in the street buffer. The landowner shall also keep the area free of trash and debris.

(Code 1985, § 22-182)

(a)

Business district. No vehicle shall remain parked on any street within the business district within the city's corporate limits for longer than 12 hours at a time. This does not apply to time-limit parking.

(b)

Time limit parking. No vehicle shall park any longer than the posted time on the signs indicating the length of time allowed to park.

(Code 1985, § 18-7.8)

All businesses must have either concrete or asphalt parking. No vehicle will be allowed to park on grass or gravel.

(Code 1985, § 18-7.9)