(a)

Planned unit development. The owner of any tract of land comprising an area of not less than ten acres may submit to the city council a plan for the use and development of the entire tract of land. The development shall be referred to the planning commission for study and report and for public hearing. If the commission approves the development plan, the plan, together with the recommendation of the commission, shall then be submitted to the city council for consideration and approval. If the city council approves the plan, development permits and occupancy certificates from the zoning administrator may be issued even though the use of land and the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plans do not conform in all respects to the district regulations of the district in which it is located, except as follows:

(1)

Only uses permitted in the R districts shall be permitted.

(2)

The average lot area per family contained in the proposed plan, exclusive of the area occupied by right-of-way, will not be less than the lot area per family required in the district in which the development is located.

(3)

Said area shall then be designated on the official zoning map.

(b)

Accessory buildings/structures. No accessory building/structures may be erected in any required front yard and no separate accessory building/structure may be erected within five feet of a dwelling unit. In addition, private swimming pools shall only be located in a rear yard. No accessory building/structure shall be closer than eight feet to the rear or side lot lines unless abutting an alley, in which case it may be within one foot of the lot line. Accessory buildings/structures located in the rear yard may not occupy more than 30 percent of the rear yard. Accessory garages which are entered directly from the alley shall be at least 15 feet from the alley right-of-way. Except for storage, no accessory building/structure shall be used without occupancy of the principal building. In such cases of storage use, there shall be no fee charged. All accessory buildings and structures shall require a development permit. Each application for an accessory building or structure permit shall be submitted prior to the installation of the building or structure and shall be approved or denied by the zoning administrator.

(c)

Fences and hedges. The following regulations are for fences and hedges in all districts. A permit is needed for the construction of any fence. Each application for a fence permit shall be submitted prior to the installation of the fence and shall be approved or denied by the zoning administrator.

(1)

Fences and walls may be erected or maintained along a lot line on residential zoned property or adjacent thereto to a height not exceeding six feet above the ground level which is located in a required side yard, to a height no exceeding four feet above the ground level which is located in a required front yard, and to a height not exceeding eight feet above the ground level which is located in a required rear yard, unless the rear lot line abuts to a side lot line on neighboring residential property, in which case, the height limitation shall be six feet above ground level. Where a property is double-fronted, the height of the fence or wall shall not exceed four feet above ground level except where a rear yard has been established and the fence abuts a side or rear yard of a neighboring residential property, the height of the fence shall be limited to six feet. Where such lot line is along or adjacent to commercially or industrially zoned property, the fence or wall shall be limited to eight feet above ground level.

(2)

Dense hedges consisting of shrubs that comply with this subsection (c) may be grown or planted along a lot line or adjacent thereto, provided that the dense hedge does not project into public use area (e.g., sidewalk, alley).

(3)

Fence, wall, and dense hedges shall meet the following visual clearance requirements:

a.

No opaque fence, wall, dense hedge, or other plantings shall exceed a height of four feet when located within 12 feet of an intersecting driveway, alley or street.

b.

In the context of this subsection (3)b, the term "opaque" is defined as a structure which blocks or otherwise prevents the passage of light through 50 percent or more of its surface area.

c.

Requirements shall be as established by engineering design standards and recommendation by the city engineer for any situation not defined within this section.

d.

The smooth or decorative face of a fence or wall shall face any public right-of-way or neighboring property. All supports, including posts, must be placed on the inside of the fence or wall, opposite of the smooth or decorative face.

(4)

Barbed wire and electrical fences. Fences constructed of barbed wire shall only be allowed in A-1, M-1, and M-2. Electrical fences shall only be allowed within the A-1 zoning district and only for the use in livestock operations with the sole exception of a low voltage "invisible fence" used to keep dogs on private property. In addition, the following regulations shall apply to the use of a barbed wire and electrical fence:

a.

Barbed wire and electric fences shall not be allowed within five feet of a public sidewalk or within four feet of a street right-of way where a public sidewalk does not exist.

b.

In cases where a barbwire or electric fence is necessary for the protection of domestic animals, all barbwire, whether suspended vertically or horizontally, must be at least five feet above the average level grade of the fenced area.

c.

No electric fence shall be allowed to carry a charge greater than 25-milliamperes or a pulsating current longer than one-tenth per second in a one-second cycle.

(5)

Permitted fence materials include wood, vinyl, composites, chain link or wrought iron.

(6)

Chain-link fences shall have knuckled edges on the top and bottom.

(7)

Fence in floodplains or floodways must apply for a floodplain permit, which is reviewed by the department of natural resources (DNR).

(8)

Swimming pool fences. Swimming pool fence requirements are in accordance with the county planning and development permitting.

(d)

Height limits. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tank, water towers, ornamental towers, spires, wireless tower, grain elevators, or necessary mechanical appurtenances are exempt from height regulations in sections 165.28 through 165.35.

(e)

Yard requirements. Under the terms of this chapter, a required yard shall be open, unoccupied and unobstructed from grade to the sky except for permitted encroachments. The following identify such permitted encroachments along with required conditions:

(1)

Front yard exceptions.

a.

Steps or ramps which are necessary to provide access to the first floor of permitted buildings.

b.

The following shall encroach no more than three feet into the front yard, as measured from the building:

1.

Architectural features such as sills, eaves, cornices and other ornamental features.

2.

Gutters and downspouts.

3.

Awnings and canopies.

4.

Bay windows.

c.

Uncovered decks, patios and stoops not exceeding 100 square feet and in no case closer than 15 feet to the front lot line.

d.

Retaining walls which are at least ten feet from the front lot line.

e.

Non-nuisance landscaping, vegetation, arbors, trellises, flagpoles and the like shall be allowed in all yards.

(2)

Side yard exceptions.

a.

The following shall encroach no more than three feet into the side yard, as measured from the building:

1.

Architectural features such as sills, eaves, cornices and other ornamental features.

2.

Gutters and downspouts.

3.

Awnings and canopies.

4.

Bay windows.

b.

Air conditioning equipment, provided it does not encroach into the side yard closer to the side lot line a distance of one-half the required setback.

c.

Retaining walls, or artificial means meant to hold back earth, which are at least three feet from the side lot line.

d.

Landscaping, vegetation, arbors, trellises, flagpoles and the like shall be allowed in all yards.

(3)

Rear yard exceptions.

a.

The following shall encroach no more than three feet into the rear yard, as measured from the building:

1.

Architectural features such as sills, eaves, cornices and other ornamental features.

2.

Gutters and downspouts.

3.

Awnings and canopies.

4.

Bay windows.

b.

Air conditioning equipment.

c.

Patios which are three feet from any lot line, unless a city approved subterranean drainage system (i.e., drainage tile or corrugated drainage tube) ensuring all excess water is away from neighboring property at the property owner's expense.

d.

Uncovered decks, patios and stoops which are at least six feet from any lot line.

e.

Retaining walls which are at least three feet from the rear lot line.

f.

Non-nuisance landscaping, vegetation, arbors, trellises, flagpoles and the like shall be allowed in all yards.

(4)

Yards and visibility. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 20 feet from the point of the intersection (see section 165.118).

(f)

Decks. A permit is needed for the construction of any deck whether it is attached to the house or not. Each application for a deck permit shall be submitted prior to the installation of the deck and shall be approved or denied by the zoning administrator.

(g)

Driveways. All driveways from the paved portion of the street to the garage, carport or off-street parking area and loading zones shall meet the requirements of chapter 162.

(h)

Off-street parking and loading.

(1)

Off-street parking. All off-street parking areas shall be paved with asphalt or Portland cement concrete pavement as approved by the city and shall be so graded and drained to dispose of all surface water accumulation within the area. This requirement shall not be enforced during periods of declared snow emergency pursuant to section 69.11. In addition, all uses shall meet the following standards for off-street parking areas:

a.

Churches: one parking space on the lot for each five seats in the main auditorium.

b.

Colleges, universities, institutions of higher learning, and equivalent private or parochial schools: one parking space for each employee and one parking space for each five students.

c.

Dwellings: two parking spaces on the lot for each dwelling unit.

d.

Elementary, junior high, high school and equivalent private or parochial schools: one parking space for each employee and office, plus one parking space for each 300 square feet of gross floor area in auditorium or gymnasium and one parking space for each ten students.

e.

Greenhouses and nurseries: one parking space per 1,000 square feet of enclosed floor area.

f.

Hotels and motels: one parking space per room, plus one parking space for each employee.

g.

Nursery schools: one parking space per employee.

h.

Offices/clinics: one parking space per 300 square feet of gross floor area.

i.

Public buildings and facilities: one parking space for each 300 square feet of gross floor area or one parking space for each five seats in the main assembly area, whichever is greater.

j.

Roadside stands: one parking space for each 50 square feet of enclosed floor area.

k.

Sales and service buildings: one parking space per 300 square feet of gross floor area.

l.

All other commercial uses shall provide one parking space on the lot for each 300 square feet of floor area.

m.

All industrial uses shall provide one parking space on the lot for each two employees of maximum number employed at any one time.

(2)

Off-street loading. All off-street loading areas shall meet the following standards:

a.

All activities or uses within each zoning district shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.

b.

Loading shall not be permitted to block public right-of-way.

(i)

Sign regulations to all zoning districts. The following regulations shall apply to all zoning districts:

(1)

No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

(2)

No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.

(3)

No sign may imitate or resemble an official traffic control sign, signal or device.

(4)

Signs shall not encroach or extend over public right-of-way.

(5)

No sign may obscure or physically interfere with an official traffic control sign, signal or device.

(6)

No advertisement or advertising structure shall be posted, erected or maintained which simulates any official, directional or warning sign erected or maintained by the state, county, municipal or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.

(7)

No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

(8)

All signs shall be non-flashing and non-strobing, and they shall not contain rotating, oscillating, or revolving beams or other similar types of light transmission.

(9)

All signs must be kept in good repair. Repairs shall be made within 30 days of damage to said sign.

(j)

Sign regulations to A-1, R-1, R-2, and R-4 districts. The following regulations shall apply to all A-1, R-1, R-2, and R-4 zoning districts: Off-premises signs are not permitted, except for political signs, real estate signs, and certain construction signs, as specified in this subsection. This prohibition shall not apply to off-premises signage affixed to the interior perimeter fencing or scoreboards facing inward of athletic fields. Political signs shall conform to state law. Real estate signs shall be removed upon the closing of the sale of the property. Construction signs relating to the vendor and services provided for the construction or remodeling of a dwelling unit on the premises shall be permitted during the time of construction in the front yard area. The total square feet of surface area of all construction signs on any one property shall not exceed 32 square feet.

(k)

Sign regulations to C-1, C-2, M-1, and M-2 districts. The following regulations shall apply to all C-1, C-2, M-1, and M-2 zoning districts:

(1)

Off-premises and on-premises signs are permitted.

(2)

Off-premises signs shall comply with the setbacks of the districts they are located in. Other bulk regulations do not apply. Off-premises signs are governed by state and federal regulations along highways, where zoning exists.

(3)

Within 90 days of closure of a business, all signs must be taken down which protrude onto the city's right-of-way and are illegible or pose a threat to vehicular or pedestrian traffic.

(l)

Home occupation. A home occupation is a permitted use within all residential districts and shall require a permit as approved by the zoning administrator after meeting the requirements established herein.

(1)

No person other than members of the family residing on the premises shall be engaged in such occupation, except by special exception by the board of adjustment which may allow three persons other than family members not residing on the premises to be employed;

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the gross floor area of the dwelling unit, whether the square footage is in the garage and/or other accessory buildings or in the dwelling unit, shall be used in the conduct of the home occupation.

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, not exceeding two feet in length, non-illuminated, and mounted flat against the wall of the principal building.

(4)

Home occupation shall not be conducted in any accessory building.

(5)

Any business in the home that requires walk-in clientele or generates traffic other than what normally would be there without the business, except for deliveries, shall be classified as a home occupation and shall require a permit and approval as stated herein, and any need for parking generated by the conduct of such home occupation shall be met by providing off-street parking and shall not be in a required front yard.

(6)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

(7)

Provided that all previously noted conditions are complied with, certain home-based work such as telemarketing activities, computer and word processing work, and similar businesses are not considered home occupations and shall be allowed as permitted uses in any district.

(m)

Wind turbines. It is the intent of this subsection to allow for wind turbines as special permitted uses in all zoning districts. A wind turbine is intended to provide individual properties with an alternative energy source through a wind energy conversion system which includes such devices as a wind charger, windmill, or wind turbine. Any wind turbine proposal will be reviewed by the board of adjustment. The proposal will be permitted only when it conforms to the following and is subject to any additional conditions as may be warranted to mitigate deleterious effects of the proposed use:

(1)

The distance from any tower support base to any tower support base of another wind turbine under other ownership shall be a minimum of five rotor distances, figured by the size of the largest rotor.

(2)

The wind turbine shall not cause interference to radio and television reception on adjoining properties.

(3)

All equipment used for installation shall follow an approved route to the site. The route shall be approved by the city engineer.

(4)

To limit access to the tower, one of the following shall be required:

a.

A fence six feet high with a locking portal around the tower base.

b.

The tower climbing apparatus shall be limited to no more than 12 feet from the ground.

(5)

Rotor blades shall be no longer than five feet in length.

(n)

Solar energy.

(1)

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

Solar collector means a device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply.

Solar energy system means a complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components to the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system).

(2)

Solar energy systems.

a.

Solar energy systems shall be a permitted accessory use in all districts, provided the system is in compliance with minimum lot requirements and setbacks.

b.

Solar energy systems shall be limited to the rooftop of buildings. There shall be no freestanding solar energy systems in any yard. Solar energy systems shall meet all setback and height restrictions in all districts. However, solar energy systems may be exempted from setback and height restrictions by variance.

(o)

Utilities. Nothing in this chapter shall have the effect of prohibiting utility service lines.

(Ord. No. 453, § 165.18(2), 9-2-2014)