(a)

The performance standards established in this article are designed to encourage a high standard of development by ensuring that neighboring land uses will be compatible. The performance standards are designed to prevent and eliminate those conditions that cause blight or are detrimental to the environment. All future development in all districts shall be required to meet these standards and the standards, shall also apply to existing development where so stated.

(b)

Before any building permit is approved, the zoning administrator shall determine whether the proposed use will conform to the performance standards. The developer or landowners shall supply data necessary to demonstrate such conformance. If said data complies with all parts of this article, the zoning administrator shall issue the necessary building permit. Such data may include:

(1)

A description of equipment to be used;

(2)

The hours of operation;

(3)

The method of refuse disposal; and

(4)

The type and location of exterior storage.

(Code 1999, § 16.7.1)

All multifamily structures allowed in the R-2 district shall be subject to the following standards.

(1)

Required plans and data. All requests for multifamily building or conditional use permits shall be accompanied by a series of site plans and data showing the:

a.

Building locations, dimensions, elevations, signs, structures, entry areas, storage sites, and other structural improvements to the site.

b.

Circulation plans for both pedestrian and vehicular traffic.

c.

Fences and screening devices.

d.

Solid waste disposal provisions and facilities.

e.

Storm drainage plans.

f.

Firefighting and other public safety facilities and provisions such as hydrant locations and firelanes.

g.

Data pertaining to numbers of dwelling units, size, lot area, ratio, etc.

h.

Exterior wall materials and design information.

i.

A minimum of a two-foot contour topographical map of the existing site.

j.

A grading plan illustrating the proposed grade changes from the original topographical map. All site areas, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large-scale erosion, unwanted ponding and surface chemical runoff.

k.

A recreation plan illustrating in detail all recreational facilities and structures.

l.

A landscape plan. The site, when fully developed, shall be landscaped according to a plan approved by the planning commission. The landscaping plan shall specify the size, type, and location of all trees and shrubbery and the location of all seeded and sodded areas.

m.

A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction-limit fencing as per the plan to prohibit heavy machinery and/or materials from being placed on areas not to be disturbed during construction. This shall, at a minimum, include all slopes in excess of 18 percent.

(2)

Performance standards. Performance standards for townhouses and multifamily structures shall be the same as those for the R-2 district.

(3)

Requirements.

a.

One and one-half parking spaces per townhouse and multifamily dwelling unit shall be provided on the same site as the dwelling unit. Each space shall not be less than nine feet wide and 20 feet in length, or as approved by the zoning administrator, and each space shall be served adequately with access drives. All parking areas shall be in compliance with division 4 of this article.

b.

Parking spaces shall not be located within ten feet of the side or rear lot line.

c.

Bituminous or concrete driveways and parking areas with concrete curbing shall be required.

(4)

Landscape provisions.

a.

The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping, etc., so that no portion of the site remains undeveloped.

b.

A minimum of 20 percent of the site shall be landscaped.

(5)

Screening.

a.

Screening to a height of at least five feet shall be required where:

1.

Any off-street parking area contains more than six parking spaces and is within 30 feet of an adjoining residential zone; and

2.

Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential zone.

b.

All exterior storage shall be screened. The exterior storage screening required shall consist of a solid fence or wall not less than five feet high, but shall not extend within 15 feet of any street driveway or lot line.

c.

Sidewalks shall be provided from parking areas, loading zones and recreation areas to the entrances of the building.

d.

Outdoor swimming pools or other intensive recreation shall observe setbacks required for the principal structure.

(6)

Appearance. All buildings within a multifamily and townhouse development shall be so planned and constructed that they present a finished appearance which is consistent with that of the principal building.

(7)

Building or structural requirements.

a.

All multiple-family dwelling buildings shall be designed and constructed to have the equivalent of a front appearance on each exterior surface. All accessory or ancillary buildings, including garages, shall be designed and constructed with the same facing materials as the principal building. Such material shall be used in the same or better proportions as used on said principal building.

b.

Each multiple-family dwelling development containing more than four dwelling units shall include a play area.

c.

Any detracting aspects, i.e., parking or exterior storage, of the multiple-family dwelling development shall be integrated into the site design so as to minimize the impact on adjacent residential areas. Space mitigation of these aspects shall include landscaping and fencing treatments.

d.

The design shall make use of all land contained in the site. All of the site shall be related to the multiple-family use and either parking, circulation, recreation, landscaping, screening, building, storage, etc., so that no portion remains undeveloped.

e.

Except with townhouses and multiple-family dwellings of four or fewer units, no exterior trash or garbage disposal or storage shall be permitted. In the case of row-housing and multiple-family dwellings of four units or fewer, there shall be no exterior incineration and all storage shall be completely enclosed by walls and/or roof.

(Code 1999, § 16.7.2)

(a)

Temporary business premises. In any district, in the case of the construction, reconstruction, remodeling or major repair of a principal commercial or industrial building incidental to an integral part of the lawful use of the property in such district, and while such construction, reconstruction, remodeling or major repair is in progress, the city council may, upon a showing of a necessity therefor, issue an order permitting the placement and use of temporary structures on such site for such period of time as the city council shall deem necessary or expedient for the continuity of the conduct of business and/or the performance of such construction, reconstruction, remodeling or major repair on said site. Such order shall specify the number and type of structures, site locations and period of time such structures shall be lawfully permitted.

(b)

Certain uses prohibited.

(1)

Semitrailers, utility trailers, van trucks, and similar type trailers and vehicles shall be governed by the following:

a.

Such items shall not be used as a storage structure or used for storage in any areas of the city zoned as a:

1.

Single-family residential district (R-1);

2.

Multifamily residential district (R-2);

3.

Rural residential district (RR);

4.

General commercial district (B-1); or

5.

Neighborhood commercial district (B-2).

b.

However, such items may be allowed as storage structures in districts zoned B-1 or B-2 after receipt of a permit from the city as approved by the city council. The application should be made to the zoning administrator describing:

1.

The item to be used;

2.

What will be stored;

3.

The proposed location of the structure; and

4.

The period of time it is to be used.

c.

The city council shall have the right to issue the permit, deny the permit, or approve the permit with conditions and restrictions attached thereto including, but not limited to, location, length of time, material to be stored, etc.

d.

The filing fee for such a permit shall be per item to be used as storage, and in an amount to be set from time to time by the city council.

e.

At no time shall a manufactured home or a mobile home be used as a storage structure within the city.

f.

Storage structure requirements.

1.

Any storage structure to be built and located in the city shall meet all the specifications required by this section and a building permit obtained.

2.

The exterior of any storage structure located or to be located in the city in districts zoned R-l, R-2, B-l or B-2 shall not have metal or vinyl siding or roofing using panels or sheets being wider than 12 inches without obtaining a use permit. The procedure for obtaining a use permit and the city council authority to issue such a permit shall be as provided for the issuance of conditional use permits by this section.

3.

The permit fee shall be in an amount set by the city council.

(c)

Prohibitions.

(1)

Any storage structure being erected, constructed, reconstructed, altered, repaired, converted or maintained, or land use made or permitted in violation of this article is hereby declared unlawful. In the event of a violation or threatened violation, the city, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct and abate such violation or threatened violations.

(2)

Violation of any condition of a permit or use permit may result in the immediate termination of such permit by the city council, following a public hearing.

(3)

Notice of public hearing of violations and termination proceedings on all nonconforming or any incompatible accessory or conditional uses shall be given by the city council to the interested party by certified mail, or in lieu thereof, by one legal-published notice at least ten days before the hearing date. The notice shall be given by the city council within a reasonable time.

(4)

Each day on which a violation of this article continues is a separate violation.

(Code 1999, § 16.7.3; Ord. No. 321, 11-14-1994)

Home occupations shall be allowed as permitted accessory uses and conditional uses in all residential districts, subject to the following standards:

(1)

Not more than 25 percent of the total floor area of the dwelling shall be used for this purpose.

(2)

Only articles made or originating on the premises shall be sold on the premises, unless such articles are incidental to permitted commercial service.

(3)

No articles for sale shall be displayed so as to be visible from any street.

(4)

The occupation is to be conducted solely by members of the household residing on the premises, except that one person necessary to the occupation may be employed.

(5)

No mechanical or electrical equipment shall be used if the operation of such equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered.

(6)

No outside storage or materials or equipment or display of merchandise shall be allowed.

(7)

Conducting of the home occupation shall not require substantial interior or exterior alterations of the dwelling.

(8)

No sign shall be allowed other than one nonilluminated name plate measuring not more than one by 1½ feet in area and placed near the building's entrance.

(9)

The home occupation shall conform to standards in the state building code, state fire code, and any other applicable codes.

(Code 1999, § 16.7.7; Ord. No. 366, § 6, 8-11-2003)

No basement, garage, tent, trailer, recreational vehicle or accessory building shall be used as a permanent dwelling. The basement portion of a finished home or apartment may be used for normal eating and sleeping purposes provided it is properly damp-proofed, has suitable fire protection and exits, and is otherwise approved by the zoning administrator or building official.

(Code 1999, § 16.7.8)

(a)

Permit required. Every licensed housemover shall, in each and every instance, before raising, holding up or moving any building within or into the city, obtain a permit from the city zoning administrator.

(1)

An application for such permit shall indicate the:

a.

Origin and destination of such building.

b.

Route over which it is to be moved.

c.

Time in which the moving of such building shall be performed.

d.

If the destination of the move is within the city, the:

1.

Location of the lot on which the house is to be located;

2.

Dimensions of the lot; and

3.

Proposed location of the structure on the lot along with setback distances.

(2)

No permit to move a building shall be issued unless and until the applicant demonstrates that the following conditions will be fully complied with:

a.

The building to be moved will comply in all respects with the state building code and other pertinent state rules and this chapter.

b.

The lot on which the building is to be located must meet all the minimum dimensional requirements of the zoning district in which it is located.

c.

The building will be placed on the lot so as to meet all the front, side and rear yard requirements as set forth in this article.

(b)

Electrical corrections requirements. In every case in which a permit shall be issued as herein provided and such relocation requires the removal or the displacement of any overhead electrical or other wires, it shall be the duty of the person owning, operating, or controlling said wires to remove or displace the same. So far as the same may be necessary to effect the removal thereof, it shall be authorized by such permit.

(1)

The person to whom said permit shall have been issued shall notify the person owning, operating or controlling said wires to remove or displace the same or to facilitate the removal of said wires sufficiently to allow the passage of said building along the street over which said wires are suspended.

(2)

Any expense incurred or to be incurred in the moving, removing or displacing of such wires shall be paid for by the permit applicant.

(c)

Application procedure. The zoning administrator shall submit the application to the planning commission for approval and recommendation to the city council at the next stated meeting of said commission. The planning commission shall determine whether such application shall conform to the requirements of this article. The planning commission will determine the application on its merits and make its recommendation to the city council. The city council shall take action to approve or disapprove the permit within 30 days after receiving the recommendations of the planning commission.

(Code 1999, § 16.7.9)

(a)

Solar energy systems. A solar energy system is permitted in all districts provided, that the system is in compliance with the minimum lot requirements and setbacks, and the system is maintained in good repair.

(1)

General standards for all types of solar collectors.

a.

Any exterior electrical line shall be buried below the surface of the ground when possible.

b.

A solar energy system shall comply with applicable building and electrical codes.

c.

The property owner is required to notify the electrical utility serving the property of the location where the solar energy system is interconnected to the public utility's electrical system.

d.

If a solar collector system ceases to perform its originally intended function for a period of more than 12 consecutive months, the property owner shall remove the solar collector, its mount, associated equipment and connected facilities, no later than 90 days from the end of the consecutive 12-month period of nonfunctioning.

(2)

An accessory ground mounted solar collector shall:

a.

Be located only in a side or rear yard; and

b.

Be set back a minimum of six feet from a side or rear property line; and

c.

Not lot be located within the confines of an existing easement; and

d.

Be situated so as to minimize glare that is visible from an abutting property; and

e.

Not exceed 15 feet in height from the ground surface with the panels orientated in a vertical position; and

f.

Have its surface area included in any calculation of the maximum area of coverage permitted by structures on a lot in that zoning district.

(3)

An accessory building mounted solar collector shall:

a.

Not extend more than 18 inches above the maximum height of any structure that is permitted in the zoning district in which it is located; and

b.

When mounted on that portion of a roof of a structure which terminates at, or extends over the front facade of the structure; shall be mounted on the roof so that the edge of the collector is set back at least one foot from the edge of the roof closest to the front property line; and

c.

When mounted on the wall of a structure, not extend into or over more than 33 percent of the minimum depth of a yard or setback required along a side lot line, but in no event closer than four feet from such line; and

(4)

A principal ground mounted solar collector shall:

a.

Be set back a minimum of 25 feet from any property line which abuts a residential zoning district; and, a minimum of 15 feet from any property line which abuts a mixed use or non-residential zoning district; and

b.

Not exceed 25 feet in height when orientated at maximum tilt; and

c.

Be located so as to minimize glare visible from an abutting property; and

d.

Have its surface area included in any calculation of the maximum area of coverage permitted by any structure in the zoning district in which it is located.

(b)

An earth sheltered structure shall be a permitted use in all districts, provided that it is constructed so that it is in compliance with any minimum lot standards such as setbacks; and, that any mechanical system that forms an integral part of the earth sheltered structure is kept in good repair.

(Code 1999, § 16.7.10; Ord. No. 463, § 1, 2-13-2023)

Satellite dish antennas shall be permitted accessory uses in each district, subject to the following standards and requirements:

(1)

Dish antennas shall be situated in the rear yard with a minimum setback from any lot line of five feet, except as noted in subsection (2) of this section.

(2)

The maximum height of the dish antenna, measured from the ground to the top of the dish antenna and including all structural supports, shall be 15 feet in residential districts and 20 feet in commercial and industrial districts. Heights exceeding this limit shall be considered only when the setback equals the height of the dish from the ground.

(3)

The maximum diameter of the dish antenna shall be 12 feet in residential districts and 15 feet in commercial and industrial districts.

(4)

The number of antenna dishes permitted per premises shall be unlimited for communications-reliant businesses or industries and shall be one for other uses. Communications-reliant industries include publishing and printing, electronics, mass communications, radio, TV, newspaper and schools.

(5)

All satellite dish antennas shall require a building permit and shall be installed in accordance with applicable requirements of the uniform building code and electrical codes. All dish antennas shall be anchored in a stationary position within seven days of commencement of their operation.

(6)

Advertising messages shall not be allowed on any dish antenna located in a residential district.

(7)

Satellite dish antennas shall be located and designed to reduce the visual impact from adjacent properties at street level and from public streets.

(Code 1999, § 16.7.12)

(a)

Location. Recreation vehicles, boats, campers and equipment shall not be parked, located, or occupied on the premises of any occupied dwelling or any residential lot; the parking of one such vehicle in any district is allowed, provided that said vehicle, boat, or camper per lot is parked in the rear yard, and no permanent living quarters, the occupancy of which exceeds ten days, shall be maintained or business practiced in the vehicle.

(b)

Parking on public street. Recreation trailers, boats, campers or associated equipment shall not be parked on any public street for over 48 hours, except in those public areas specifically designed for overnight stops or en route stops.

(Code 1999, § 16.7.13)

(a)

In all districts, all materials and equipment shall be stored within a building or permitted storage structure (see section 113-255 for restrictions on storage structure use) or be fully screened so as not to be visible from adjoining properties, except for the following when kept in good order:

(1)

Laundry drying;

(2)

Recreational equipment (see section 113-261 for specific requirements);

(3)

Construction and landscaping materials and equipment currently being used on the premises;

(4)

Agricultural equipment and materials, if these are used or intended for use on the premises;

(5)

Off-street parking of passenger automobiles and pickup trucks; and

(6)

Firewood; provided all firewood storage shall be designed so the lowest level of stored wood is 12 inches above ground level.

(b)

All junkyards and auto storage areas shall be completely screened from all rights-of-way or developed areas, with a solid fence eight feet or more in height and landscaped with suitable plantings.

(c)

In all districts, the city may require a conditional use permit for any exterior storage if it is demonstrated that such a storage is a hazard to the public health and safety or has a depreciating effect upon nearby property values, impairs scenic views, or constitutes a threat to living amenities.

(Code 1999, § 16.7.14)

(a)

Toxic or noxious matter. Any use shall be so operated so as not to discharge or permit escape across the boundaries of any lot or through percolation into the atmosphere or the subsoil beyond the boundaries of the lot wherein such use is located toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business. All MPCA regulations relating to toxic or noxious matter shall be followed. Any use which violates this requirement is a public nuisance, and may be prosecuted and abated as such pursuant to chapter 16.

(b)

Air pollution. Any use shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public. For the purpose of regulating pollution restrictions under this article, the regulations and standards adopted by the MPCA shall be employed. Any use which violates this requirement is a public nuisance, and may be prosecuted and abated as such pursuant to chapter 16.

(c)

Miscellaneous nuisances.

(1)

No person may create or maintain a junkyard or vehicle dismantling yard, except as provided in this article.

(2)

The following are declared to be nuisances affecting public health or safety:

a.

The effluence from any cesspool, septic tank, drainfield or human sewage disposal system discharging upon the surface of the ground, or dumping the contents thereof at any place except as authorized.

b.

The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances.

c.

The ownership, possession or control of any unused refrigerator or other container with doors which fasten automatically when closed or of sufficient size to retain any person and allowing such to be exposed and accessible to the public without removing the doors, lids, hinges or latches or providing locks to prevent access by the public.

(Code 1999, § 16.7.15)

In all districts, any lighting used to illuminate an off-street parking area or other structure, shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding, shall be hooded or controlled in some manner so as not to light adjacent property. Any light or combination of lights which cast light on a public street shall not exceed one footcandle, meter reading, as measured from the centerline of said street. Any light or combination of lights which cast light on a residential property shall not exceed 0.4 candles, meter reading, as measured from said property.

(Code 1999, § 16.7.16)

(a)

In all districts where setbacks exist or are required, all developed uses shall provide a landscaped yard, which may include grass or decorative stones or shrubs and trees, along all streets. This yard shall be kept clear of all structures, storage and off-street parking. Except for driveways, the yard shall extend along the entire frontage of the lot, and along both streets in the case of a corner lot; such yard shall have a depth of at least ten feet.

(b)

In all districts, all structures and areas requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

(c)

All vacant lots, tracts or parcels shall be properly maintained in accordance with their natural or existing character.

(d)

The screening referenced in the subsection shall be subject to the requirements set forth in section 113-294 as to its placement, and may consist of a fence, tree, shrub, or earthen berm. In the event that such screening is placed parallel with a street, it must be placed on the property at least 15 feet from the curb, or if there is no curb, 15 feet from the edge of the improved street surface. Vegetative cover must be provided between the screening and improved street surface.

(e)

In all commercial and manufacturing districts adjacent to residential districts not divided therefrom by streets, there shall be provided along the abutting property lines an eight-foot wide planting strip composed of grass, trees, and shrubs. Trees at least 1½ inches in diameter shall be planted not more than 40 feet apart. Shrubs shall be planted not more than five feet apart and shall be at least five feet in height after five full growing seasons, and shall attain a height of eight feet at maturity.

(f)

Where a commercial district is adjacent to a residential district and divided by an alley, a privacy fence not less than five feet in height may be substituted for the aforementioned greenbelt upon approval of the planning commission.

(g)

A decorative masonry wall not less than five feet in height and not less than eight inches in thickness may be substituted for the aforesaid greenbelt upon approval of the planning commission.

(h)

The greenbelt or wall area shall be maintained in an attractive condition at all times.

(Code 1999, § 16.7.17; Ord. No. 367, § 2, 8-11-2003)

The following shall be considered as permitted encroachments on setback and height requirements, except as provided in this article:

(1)

In any yard, posts, off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flag poles, ornamental features, open fire escapes, sidewalks and fences, and all other similar devices incidental and appurtenant to the principal structure, except as hereinafter amended.

(2)

Decks are also exempted from the rear yard setback requirements, except that a deck may not be located closer than 20 feet from the rear property line.

(Code 1999, § 16.7.18)

(a)

Standards.

(1)

All development shall conform to the natural limitations presented by the topography and soil in order to create the best potential for preventing soil erosion.

(2)

Development on slopes with a grade shall be carefully reviewed to ensure that adequate measures have been taken to prevent erosion, sedimentation and structural damage.

(3)

Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development when necessary to control erosion.

(4)

Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time, and no exposure shall exceed 60 days, unless extended by the city council.

(5)

Where topsoil is removed, sufficient airable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development.

(6)

The natural drainage system shall be used as far as is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout developed areas shall be encouraged to reduce peak flow, erosion damage and construction cost.

(7)

Public and private properties adjacent to the development site shall be protected from the effects of erosion and sedimentation. Any violations of this provision must be corrected by the owner to the city's satisfaction within five days of receiving notification of such. If the violation is not remedied within the time period specified, the city may correct the problem and assess the costs incurred to the property owner.

(b)

Exposed slopes. The following control measures shall be taken to control erosion during construction:

(1)

At the foot of each exposed slope, a channel and berm should be constructed to control runoff. The channelized water should be diverted to a sedimentation basin, debris basin, silt basin or silt trap before being allowed to enter the natural drainage system.

(2)

Along the top of each exposed slope, a berm should be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collection behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures should consist of either an asphalt paved flow apron and dropchute laid down the slope or a flexible slope drain. At the base of the slope drain or flow apron, a gravel energy dissipater should be installed to prevent erosion at the discharge end.

(3)

Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of the slope, soils material and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jute netting, sod blankets, fast-growing grasses, or temporary seedings of annual grasses. Mulch consists of hay, straw, woodchips, corn stalks, bark or other protective material. Mulch should be anchored to slopes with liquid asphalt, stakes and netting, or should be worked into the soil to provide additional slope stability.

(4)

Control measures other than those specifically stated in subsections (1) through (3) of this section may be used if it can be demonstrated that they will as effectively protect exposed slopes.

(Code 1999, § 16.7.19)

(a)

Waterways.

(1)

All reasonable efforts shall be made to retain the natural drainage systems in the city, including existing wetlands and ponds. The natural drainage systems shall be maintained by the city. Aboveground runoff disposal waterways may be constructed to augment the natural drainage system.

(2)

The width of a constructed waterway shall be sufficiently large to adequately channel runoff from a ten-year storm. Adequacy shall be determined by the expected runoff when full development of the drainage area is reached.

(3)

No fences or structures shall be constructed across the waterway that will reduce or restrict the flow of water.

(4)

The banks of the waterway shall be protected with permanent vegetation.

(5)

The banks of the waterway shall not exceed four feet horizontal to one foot vertical in gradient.

(6)

The gradient of the waterway bed should not exceed a grade that will result in a velocity that will cause erosion of the banks of the waterway.

(7)

The bend of the waterway should be protected with turf, sod or concrete. If turf or sod will not function properly, riprap may be used. Riprap shall consist of quarried limestone, fieldstone, if random riprap is used, or construction materials of concrete. The riprap shall be no smaller than two inches square, and no larger than two feet square. Concrete construction materials shall be used only in those areas where the waterway is not used as part of a recreation trail system.

(8)

If the flow velocity in the waterway is such that erosion of the turf sidewall will occur and said velocity cannot be decreased via velocity control structures, then other materials may replace turf on the side walls at these points.

(b)

Sediment control of waterways.

(1)

To prevent sedimentation of waterways, pervious and impervious sediment traps and other sediment control structures shall be incorporated throughout the contributing watershed.

(2)

Temporary pervious sediment traps may consist of a construction of bales of straw or hay with a low spillway embankment section of sand and gravel that permits a slow movement of water while filtering sediment. Such structures would serve as a temporary sediment control feature during the construction stage of development. The development of housing and other structures shall be restricted from the area on either side of the waterway required to channel a 25-year storm.

(3)

Permanent impervious sediment control structures consist of sediment basins, debris basins, desilting basins or silt traps, and shall be utilized to remove sediment from runoff prior to its disposal in any permanent body of water.

(Code 1999, § 16.7.20)

(a)

Structures and other amenities shall be located in such a manner that the optimum number of trees shall be preserved.

(b)

Prior to granting a building permit, it shall be the applicant's duty to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site and that if trees are cut, the density of trees will be restored to that which existed before development.

(c)

Forestation, reforestation or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape.

(d)

Development, including grading and contouring shall take place in such a manner that the root-zone aeration stability of existing trees shall not be affected and shall provide existing trees with a water filtration area equal to one-half the crown area.

(e)

Notwithstanding the above, the removal of trees seriously damaged by storm or other acts of God or diseased trees is permitted.

(Code 1999, § 16.7.21)

The following standards shall apply to drive-in businesses in all districts:

(1)

Design.

a.

The entire area, of any drive-in business shall have a drainage system approved by the city engineer.

b.

The entire area other than that occupied by structures or planting, shall be surfaced with a hard surface material which will control dust and drainage.

c.

A fence or screen of acceptable design not over six feet in height or less than four feet in height shall be constructed along the property line abutting a residential district, and such fence or screen shall be adequately maintained.

(2)

Miscellaneous provisions.

a.

Any drive-in business serving food or beverages may also provide, in addition to vehicular service areas, indoor food and beverage service seating area.

b.

The hours of operation shall be set forth as a condition of any building permit for a drive-in business.

c.

Each drive-in business serving food may have outside seating.

d.

Each food or beverage drive-in business shall place receptacles at all exits as well as one refuse receptacle per ten vehicle parking spaces within the parking area.

e.

Electronic devices such as loudspeakers, automobile service order devices, drive-in theater car speakers and similar instruments shall not be located within 300 feet of any residential dwelling unit.

f.

No service shall be rendered, deliveries made, or sales conducted within the required front yard; customers served in vehicles shall be parked to the sides and/or rear of the principal structure.

(3)

Locations.

a.

No drive-in business shall be located within 200 feet of a public or parochial school or church.

b.

No drive-in business shall be located such that it may increase traffic volumes on nearby residential streets.

c.

No drive-in business shall be located on any street other than a thoroughfare or business service road as designated on the city map.

(4)

Site plan.

a.

The site plan shall clearly indicate suitable storage containers for all waste material. All commercial refuse containers shall be screened.

b.

A landscaping plan shall be included and shall set forth complete specifications for plan and other features.

c.

An adequate area shall be designated for snow storage such that clear visibility shall be maintained from the property to any public street.

d.

The design of any structure shall be compatible with other structures in the surrounding area.

(Code 1999, § 16.7.27)

(a)

All farms in existence on the effective date of the ordinance from which this chapter is derived within the city limits shall be a permitted use where the operator can conduct a farming operation. However, all regulations contained in these performance standards shall apply to all changes of the farming operation which will cause all or part of the area to become more intensively used or more urban in character.

(b)

Any structure exceeding $500.00 in value to be erected on a farm shall require a building permit and shall conform to all requirements of the building code. The city council may require any farm operator to secure a conditional use permit to expand or intensify said operations in the event of the following:

(1)

The farm is adjacent to or within 400 feet of any dwelling unit and may be detrimental to living conditions by creating safety hazards or by emitting noise, odor, vibrations or similar nuisances.

(2)

The farming operations are so intensive as to constitute an industrial type use consisting of the compounding, processing and packaging of products for wholesale or retail trade.

(Code 1999, § 16.7.29)

All accessory buildings and structures of less than 200 square feet in floor area, fences, walls and similar structures must obtain a zoning certificate.

(Ord. No. 424, § 1, 2-13-2017)

(a)

Information required. A person applying for a zoning certificate for an accessory building or structure shall provide the zoning administrator the following information in written form:

(1)

Application.

(2)

Site plan locating the proposed building, structure, fence, wall, or other similar structure on the property with a sketch showing property lines, existing buildings, and easements on the property.

(b)

Issuance. The zoning administrator shall issue the zoning certificate only after a determination that the plans and an on-site review of the building, fence, wall or other similar structure's location complies with the provisions of this chapter.

(c)

Fee. The fee for the issuance of a zoning certificate under the provisions of this section shall be as established from time to time by resolution of the city council.

(Ord. No. 424, § 2, 2-13-2017)

(a)

An accessory building, including a carport, deck and breezeway attached to the principal building on a lot, shall be made structurally a part thereof and shall comply in all respects with the requirements of this article applicable to then principal building. Decks shall not be included in the coverage requirements of this article.

(b)

No accessory building or garage self-storage, shall exceed 16 feet in height. No single accessory building or garage self-storage shall occupy more than ten percent of the lot area, the cumulative total or the lot area occupied by all accessory buildings shall not exceed 15 percent.

(c)

All detached accessory buildings shall be located in the side or rear yards. When located within ten feet of the side or rear wall of the principal building, they shall comply with all yard requirements applicable to the principal building in the district. Where such accessory buildings are to be located in the rear yard more than ten feet from the rear wall of the principal building, they shall not be located closer than five feet from the side or rear lot line; provided however, than when such accessory building is a garage with vehicle entrance door located parallel to an alley, the minimum setback shall be not less than ten feet from the rear lot line. Garages must meet the same setback requirements as a principal building, where allowed.

(d)

No accessory structure shall exceed a footprint of 1,008 square feet in area, nor shall any access door or other opening exceed a height of ten feet. No garage self-storage shall exceed 1,300 square feet, nor shall any access door exceed a height of ten feet.

(e)

Accessory buildings shall not be constructed prior to or in lieu of the principal building.

(f)

Any accessory or incidental structure or building of whatever type or construction, including garages, carports and storage buildings, in which motor vehicles will be parked or stored for any length of time and which require a building permit (i.e. over 200 square feet) shall have a floor of nonflammable and nonabsorbent material as required by the state building code.

(g)

Cloth, canvas, plastic sheeting, tarps, or similar material are not allowed as primary building material on an accessory structure. This limitation shall not apply to a greenhouse or accessory structure located in the RR (rural residential) zoning district or building used for agricultural purposes.

(h)

All ground mounted residential towers shall be located within ten feet of the side or rear of the principal building. A tower site cannot be closed than six feet from the side yard. A residential tower may not be constructed from a wood pole.

(i)

In addition to any other requirements that may be set forth in this chapter or the state building code; an accessory building situated in a residence district shall also be constructed so that:

(1)

Doors will be of a standard walk-in style, roll-up style, or overhead style;

(2)

Treated skirting will be the only exposed portion of the building that is left unfinished and it shall not have more than eight inches of exposure from finish grade to the bottom of the siding, and finish grade will lap up on the skirting no less than three inches.

(Code 1999, § 16.7.5(A); Ord. No. 324, 5-22-1995; Ord. No. 368, §§ 1, 2, 8-11-2003; Ord. No. 385, § 12, 2008; Ord. No. 392, §§ 4, 5, 4-12-2010; Ord. No. 434, § 3, 9-24-2018; Ord. No. 440, §§ 5—7, 2-25-2019; Ord. No. 466, § 1, 1-22-2024)

(a)

In business and manufacturing district[s], accessory buildings and uses may occupy any of the ground area which the principal building is permitted to occupy. Accessory buildings such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in I-2 districts. Parking of automobiles and other motor vehicles is permitted in the front and side yards in I-2 districts if screened by a greenbelt eight feet in width.

(b)

Accessory buildings may be located any place to the rear of the principal buildings, subject to the building code and the fire zone regulations, except where prohibited by other sections of this article.

(c)

Accessory buildings shall not be constructed prior to or in lieu of the principal building.

(d)

A business tower or telecommunications tower may not be constructed from a wooden pole.

(e)

The use of sheet steel siding [with] in board and batten style rather than continuous corrugated type. No bold colors are allowed. Any style or color siding not falling under these guidelines will be reviewed on an individual basis by the planning and zoning commission and recommended to the city council for approval.

(f)

Doors will consist only of standard walk-in style, roll-up style, or overhead style.

(g)

The treated skirting will be the only exposed portion of the building that may be left unfinished. It shall not have more than eight inches of exposure from finish grade to the bottom of the siding. The finish grade will lap up on the siding no less than three inches.

(h)

Any accessory or incidental structure or building of whatever type or construction, including garages, carport and storage buildings, in which motor vehicles will be parked or stored for any length of time and which require a building permit (i.e. over 200 square feet) shall have a foot of nonflammable and nonabsorbent materials per state building code standards.

(Code 1999, § 16.7.5(B); Ord. No. 385, § 13, 2008; Ord. No. 408B, § 5, 7-8-2013; Ord. No. 447, § 9, 9-8-2020)

A fence, wall or similar type structure, all of which are hereinafter referred to as "fence" or "fences," may be permitted in the yards of the various districts, subject to the following requirements:

(1)

Requirements.

a.

Locations. All fences shall be located entirely upon the private property of the person constructing or causing the construction of such fence, unless the owner of the property adjoining agrees in writing, that such fence may be erected on the dividing line of the respective properties.

b.

Construction and maintenance. Every fence shall be constructed in a substantial, workman-like manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be constructed such that the posts are located on the side of the fence facing the property of the person causing the construction of the fence. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance. Any such fence which is or has become dangerous to public safety, health, or welfare, is a public nuisance and the zoning administrator shall commence proceedings for the abatement thereof. Chain link fences, wherever permitted, shall be constructed in such a manner that no barbed ends are at the top.

c.

In the case of a particular fence, the term workman-like manner means that:

1.

The posts or other vertical support members have a minimum hole/footing depth of 36 inches below ground level;

2.

Any wood posts are ground-rated (chemically treated, or composed of cedar or other naturally durable wood) and be resistant to decay;

3.

Any wooden board used in the construction of a horizontal or vertical member of the fence must be weather-resistant (chemically treated, or composed of cedar or other naturally durable wood) and be resistant to decay or painted.

(2)

R-1 and R-2 districts.

a.

Front yard fences in R-1 and R-2 zoned areas shall not be erected or maintained more than three feet in height, except that a front yard chainlink fence without screens may be erected to a height of five feet.

b.

Side and rear yard fences in R-1 and R-2 zoned areas shall not be erected or maintained more than six feet in height.

c.

Front yard setback for fences shall be a minimum of 15 feet. A fence of a purely decorative nature, not designed or intended to enclose or conceal, shall be exempt from this setback requirement as long as it is located entirely upon the private property of the person erecting the fence.

(3)

Chainlink fences for recreational area enclosures. Chainlink fences used for the enclosure of tennis courts, playgrounds, swimming pools or other such recreational purposes shall not exceed 19 feet in height and shall be located only in rear yards on R-1 and R-2 residential lots, and around school playgrounds and other public recreational facilities.

(4)

Barbed wire fences. No person shall erect or maintain a fence made up in whole or in part of barbed wire, except in a rural residential (RR) zoned district.

(5)

Electric fences. No person shall erect or maintain an electric fence within five feet of a lot or property line, except:

a.

In a rural residential (RR) zoned area; or

b.

Where the electric fence is itself shielded from the direction of the property or lot line by a nonelectric fence or other barrier. No such fence shall be electrified in such a manner as to cause any person physical injury.

(6)

Special purpose fences.

a.

Fences for special purposes and fences differing in construction height or length may be permitted in any district by issuance of a variance. Findings shall be made that the fence is necessary to protect, buffer or improve the premises for which the fence is intended.

b.

Fences required for screening purposes shall comply with the requirements of section 113-265.

(Code 1999, § 16.7.5(C); Ord. No. 450, § 1, 1-25-2021)

(a)

Required location. A clear vision area shall be maintained in the following areas:

(1)

Intersection of two streets. The clear vision area shall be a triangular shape with two sides that are created by following lot lines along the right-of-way to points that are 25 feet from the corner, and a third side being a line connecting those two points.

(2)

Intersection of an alley and a street. The clear vision area shall be a triangular shape with two sides that are created by following lot lines along the right-of-way to points that are 15 feet from the corner, and a third side being a line connecting those two points.

(3)

Intersection of a driveway with a street. The clear vision area shall be a triangular shape with one side following the edge of the driveway and the other side following the lot line along the right-of-way to a point 15 feet from the corner, and a third side being a line connecting those two points.

(b)

Height restrictions. No planting, fence, wall, structure or obstruction to vision of the intersection that is greater than 36 inches in height, whether such is permanent or temporary, shall be maintained in any clear vision area. This limitation shall not apply to a tree with branches and foliage that has been removed to a height of at least eight feet above the ground.

(Code 1999, § 16.7.5(D); Ord. No. 367, § 1, 8-11-2003)

(a)

Conditional use permit. Each wind energy conversion system (WECS) shall require a conditional use permit.

(b)

Plans. Each application for a conditional use permit shall be accompanied by a dimensional representation of the tower, including the conversion system, base and footings and an accurate plan containing the following information:

(1)

Property lines.

(2)

Proposed location of tower on site.

(3)

Location of all existing structures on site.

(4)

All above-ground utility lines.

(5)

All underground utility lines within a radius equal to the proposed WECS height.

(6)

Boundaries of all adjacent utility easements or reversed areas.

(Code 1999, § 16.7.11(A), (B))

The total height of the tower, including any portion of the rotor or axis extending above the tower, shall not exceed the horizontal distance between the base of the tower and the nearest lot line or building line, except that the horizontal distance may extend beyond the nearest lot line or building line provided there are no overhead utility lines or easements therefor or if the abutting area is a public alleyway. Furthermore, the city council may allow the height requirements to be exceeded, provided it is satisfied that the proposed structure will withstand the windloads in the area. As evidence of this, the city council shall require the following information:

(1)

Dimensional representation of the various structural components of the tower construction, including the base and footings.

(2)

Design data which shall indicate basis of design, including manufacturer's dimensional drawings and installation and operation instructions.

(3)

Certification by an independent registered professional engineer or other qualified professional that the structure is sufficient to withstand windload requirements for structures as established by the applicable building construction codes.

(Code 1999, § 16.7.11(C))

Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal, or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

(Code 1999, § 16.7.11(D))

Contiguous property owners and planned developments may construct a WECS for their use in common. If the property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted for approval.

(Code 1999, § 16.7.11(E))

A WECS operation shall not produce noise in excess of the limits established by state standards.

(Code 1999, § 16.7.11(F))

Wind energy conversion systems installed in accordance with the requirements of this division shall not generate power as a commercial enterprise as defined by the state public utilities commission.

(Code 1999, § 16.7.11(G))

A WECS shall not be installed in any location along the major axis of an existing microwave communications link where the operation of the WECS is likely, in the judgment of the zoning administrator, to produce an unacceptable level of electromagnetic interference.

(Code 1999, § 16.7.11(H))

A WECS shall be located or installed in compliance with the regulations of the airport approach zones and federal aviation regulations for clearance around VOR and DVOR stations.

(Code 1999, § 16.7.11(I))

A WECS, if interconnected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company. In any case, the interconnect shall include a manual disconnect which complies with applicable electric codes.

(Code 1999, § 16.7.11(J))

Construction, design and installation of a WECS shall comply with all state electrical codes in effect at the time of installation.

(Code 1999, § 16.7.11(K))

No building permit shall be issued for the construction of a WECS until and, unless the applicant for the building permit deposits with the zoning administrator a policy of liability insurance indemnifying the applicant from liability for personal injury or property damage arising from the operation, malfunction, or collapse of the WECS in the sum of at least $1,000,000.00. The insurance policy so deposited shall contain a clause obligating the company issuing the same to give at least 30 days' written notice to the city before cancellation thereof, the conditional use permit to be automatically revoked upon the lapse or termination of said insurance policy.

(Code 1999, § 16.7.11(L))

It is the purpose of this division to permit the development of manufactured home parks and recreational camping areas in a manner that will promote and improve the general health, safety, convenience and welfare of the citizens by minimizing any adverse effects of such development.

(Code 1999, § 16.7.4(A))

A manufactured home park or subdivision may be established in the R-2 residential district.

(Code 1999, § 16.7.4(B))

(a)

Permit required. A conditional use permit is required to establish and operate a manufactured home park or subdivision within the city.

(b)

Application process. All applications for a conditional use permit shall be submitted to the zoning administrator and approved by the city council following the procedures established in article II, division 3 of this chapter. The application for a conditional use permit shall be accompanied by plans, including the following information:

(1)

Location and size of the park.

(2)

Location, size, and character of all manufactured home lots, mobile home stands, storage areas, recreation areas, laundry drying areas, central refuse disposal, roadways, parking spaces and sites, and all setback dimensions.

(3)

Detailed landscaping plans and specifications.

(4)

Location and width of sidewalks.

(5)

Plans for sanitary sewage disposal, surface drainage, water systems, electrical service, telephone service and gas service.

(6)

Plans for an overhead street lighting system, for approval by the city engineer.

(7)

The method of disposing of garbage and refuse.

(8)

Location and size of all streets abutting the mobile home park and all driveways from such streets to the park.

(9)

Plans and specifications of all road construction within the park or directly related to park operation.

(10)

Floorplans of all service buildings to be constructed within the mobile home park.

(11)

Such other information as may be required or requested by the city council.

(Code 1999, § 16.7.4(C), (D))

All manufactured homes within a park shall be subject to and meet all state and federal construction, plumbing, electrical and mechanical standards and the requirements of the American National Standards Institute, identified as ANSI A119.1 and any revisions thereto, or the provisions of the National Fire Protection Association, identified as NFPA 5018, and any revisions thereto, and shall be certified to these standards by a seal affixed to the manufactured home.

(Code 1999, § 16.7.4(E))

(a)

All manufactured homes shall be properly connected to the city water system and sanitary sewerage system in conformance to standards adopted by the state pollution control agency. All water and sewerage systems shall be constructed in accordance with the plans and specifications approved by the city engineer.

(b)

Each manufactured home park shall maintain a hard-surfaced off-street overload parking lot for guests of occupants in the amount of one space for each five sites and located within 300 feet of the unit to be served.

(c)

All utilities, such as sewer, water, fuel, electric, telephone and television antenna lead-ins, shall be buried to a depth specified by the city engineer, and there shall be no overhead wires or support poles, except those essential for street or other lighting purposes. Plans for the disposal of surface stormwater shall be approved by the city engineer.

(d)

A properly landscaped area shall be adequately maintained around each park. All manufactured home parks adjacent to industrial, commercial or residential land uses shall be provided with screening, such as fences or natural growth, along the property boundary lines separating the park from such adjacent uses.

(e)

Every structure in the park shall be developed and maintained in a safe, approved and substantial manner. The exterior of every structure shall be kept in good repair. All of said structures must be constructed to meet existing city codes. Portable fire extinguishers rated for electrical and liquid fires shall be kept in all service buildings and other locations conveniently and readily accessible for use by all occupants.

(f)

The area beneath all manufactured homes shall be enclosed with a material that shall be generally uniform through the entire park, except that such an enclosure must be so constructed that it is subject to reasonable inspection. No obstruction shall be permitted that unreasonably impedes the inspection of plumbing, electrical facilities and related manufactured home equipment.

(g)

Each manufactured home park shall have an area set aside for storage. Boats, boat trailers, hauling trailers, and all other equipment not generally stored within the manufactured home or within the utility enclosure that may be provided shall be stored in a separate place provided by the park owner. This storage place shall be screened. Such equipment shall not be stored upon a manufactured home lot which is occupied by a home, nor upon the streets within the manufactured home park.

(h)

Signs shall be limited to one nameplate or identification sign not to exceed 25 square feet in area, with lighting, height and location as approved by the zoning administrator, and, shall have a 15 foot setback from the front line.

(i)

Each manufactured home park shall have at least ten percent of the land area developed for open air recreational use. Development of such recreational land shall be approved by the city council and the cost and maintenance shall be at the owner/operator's expense.

(j)

Each manufactured home park shall have one or more central community buildings to serve primarily as an emergency weather shelter which shall be provided with central heating and maintained in a safe, clean and sanitary condition. Said buildings shall be adequately lighted during all hours of darkness and shall contain laundry washers, dryers, and drying areas, public telephones and public mail boxes, in addition to public toilets and lavatory. For each 100 lots or fractional part thereof, there shall be one flush toilet and one lavatory for each sex.

(k)

All structures being placed in the park shall require a permit.

(Code 1999, § 16.7.4(F))

(a)

Each manufactured home lot shall contain at least 4,000 square feet of land area for the exclusive use of the occupant and shall be at least 50 feet wide.

(b)

Homes shall be placed upon lots so that there shall be at least ten feet from the side lot line, 20 feet between the front of the home and front lot line, and 25 feet between the rear of the home and the rear lot lines.

(c)

The area occupied by a manufactured home and accessory structures shall not exceed 50 percent of the total area of the manufactured home lot. The yards shall be landscaped, except for necessary driveway and sidewalk needs, which shall not exceed one-half the width of the site.

(d)

Each lot shall have hard-surfaced off-street parking space for at least two automobiles. Each space shall be ten feet by 20 feet minimum.

(e)

No more than two motor vehicles shall be stored or kept on any lot. No vehicle shall be dismantled, nor shall mechanical work, except very minor repairs, be done on any vehicle on a manufactured home lot; nor shall any automotive vehicle that is not in an operable condition be parked, stored or kept on a lot or in a manufactured home park, except a vehicle that became inoperable when it was in the park, and then it shall not be parked in that condition for a period of more than seven days.

(f)

The corners of each manufactured home lot shall be clearly marked and each site shall be numbered.

(g)

Each lot shall be properly landscaped with at least one tree, hedges, grass, fences, windbreaks and the like.

(Code 1999, § 16.7.4(G))

(a)

The area of the manufactured home stand shall be improved to provide adequate support for the placement and tiedown of the home, thereby securing the structure against uplift, sliding, rotation, and overturning.

(b)

The stand shall not heave, shift or settle unevenly under the weight of the home, due to the frost action, inadequate drainage, vibration or other forces acting upon the structure.

(c)

The stand shall be provided with anchors and tiedowns, such as cast-in-place concrete foundations or runways, screw augers, arrowhead anchors or other devices providing for stability of the home.

(d)

Anchors and tiedowns shall be placed at least at each corner of the stand, and each anchor shall be able to sustain a minimum tensile strength of 2,800 pounds or as approved by the current state uniform manufactured home standards code, whichever is the more rigorous requirement.

(Code 1999, § 16.7.4(H))

(a)

The person to whom a permit for a manufactured home park is issued shall operate the park in compliance with this article and shall provide adequate supervision to maintain the park and its facilities and equipment in good repair in a clean and sanitary condition.

(b)

The park management shall notify park occupants of all applicable provisions of this division and inform them of their duties and responsibilities under this division.

(c)

An adult caretaker must be present at all times and is responsible for the maintenance of the park at all times.

(d)

Each park shall have an office for the use of the operator distinctly marked "OFFICE," and such marking shall be illuminated during all hours of darkness.

(e)

The operator of every manufactured home park shall maintain a registry in the park office indicating the name and address of each permanent resident. Each lot shall also be identified by number and letter.

(f)

The limits of each manufactured home lot shall be clearly marked on the ground by permanent flush stakes, markers or other suitable means, and said lot limits shall be approximately the same as shown on the park map.

(g)

A park map shall be displayed at the manufactured home park office and be illuminated during all hours of darkness.

(h)

No public address or loudspeaker system shall be permitted.

(i)

Dogs and animals shall not be permitted to run at large within the park.

(j)

No persons shall erect, place, construct, reconstruct, relocate, alter, maintain, use or occupy a cabana or structure in a manufactured home park without the written consent of the park owner or operator.

(k)

The park management shall provide for the weekly collection and disposal of garbage, waste and trash as approved by the city.

(Code 1999, § 16.7.4(I))

(a)

Wetlands help maintain water quality, serve to minimize problems with flooding and erosion, serve as sources of good and habitat for a variety of fish and wildlife and are an integral part of the community's natural landscape providing the aesthetic benefits of open space and a natural separation of land uses.

(b)

To the extent reasonably possible, all wetlands, including marshlands and swamps, shall be retained in their natural state.

(Code 1999, § 16.7.22(A))

Lands lying within a wetland area shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable laws, codes, and ordinances.

(Code 1999, § 16.7.22(B))

A variance from the requirements of this division may be granted upon mitigative measures proposed by the applicant to recreate, to an equal or greater degree, the environmental and hydrological function of the wetland area that is proposed to be altered.

(Code 1999, § 16.7.22(F))

(a)

An applicant for development which may be in a wetland area shall bring this to the city's attention. If required by the city, the applicant shall provide appropriate technical information, including, but not limited to, topographic survey and soil data deemed necessary for the city to determine the wetland boundary.

(b)

The city shall make the necessary interpretations concerning the wetland area based on the information from the classification of wetlands as defined in the U.S. Department of Interior, Fish and Wildlife Service, Circular 39, "Wetlands of the United States;" the state Environmental Policy Act and the state department of natural resources list of protected wetlands and waters in the county; and any other applicable sources.

(c)

The city may exempt land from the wetland regulations if it finds that the land is not in fact a wetland. The city may require the applicant for development to prepare an environmental assessment worksheet (EAW) or an environmental impact statement (EIS) for any project with the potential for significant environmental effects.

(Code 1999, § 16.7.22(C))

Allowable wetland alterations do not abrogate the need to obtain permits required by other local, state or federal agencies. The following wetland alterations may be permitted:

(1)

Filling. A minimum amount of filling may be allowed when necessary for the use of property, but only when it will not have a net adverse effect upon the ecological and hydrological characteristics of the wetland. Only fill free of chemical pollutants and organic waste may be used.

(2)

Dredging. Dredging will be allowed only when it will not have a net adverse effect on the ecological and hydrological characteristics of the wetlands.

a.

Dredging shall not adversely change water flow.

b.

The size of the dredged area shall be limited to the minimum required for the proposed action.

c.

Disposal of the dredged material is prohibited within the wetland district, unless specifically authorized by the city.

(3)

Discharges.

a.

No part of any sewage disposal system requiring on-land or in-ground disposal of waste shall be located closer than 150 feet from the normal high water mark, unless it is proven by the applicant that no effluent will immediately or gradually reach the wetland because of existing physical characteristics of the site or the system.

b.

Organic and other waste which would normally be disposed of at a solid waste disposal site or which would normally be discharged into a sewage disposal system or sewer shall not be directly or indirectly discharged into the wetland.

c.

Stormwater runoff from construction sites may be directed to the wetland only when substantially free of silt, debris, and chemical pollutants and only at rates which will not disturb vegetation or increase turbidity.

d.

Soil loss from a construction site any part of which is in a wetland or within 200 feet of the wetland that is within the wetland watershed shall not exceed a rate of more than two tons per acre per year.

e.

Projected soil loss from a completed construction project shall not exceed 0.5 tons per year if any part of it is in a wetland or within 200 feet of a wetland that is within the wetland watershed.

(Code 1999, § 16.7.22(D))

(a)

The lowest floor elevation of buildings used for living quarters or work area shall be at least three feet above the seasonal highwater level of the wetland.

(b)

Development which will result in unusual road maintenance costs or utility line breakages due to solid limitations, including high frost action, shall not be permitted.

(c)

The minimum setback for all buildings shall be 75 feet from the seasonal highwater level of the wetland.

(Code 1999, § 16.7.22(E))

(a)

Off-street parking required. In all zoning districts with the exception of allowed uses in B-1 districts, off-street parking facilities for the storage of self-propelled motor vehicles for the use of occupants, employees and patrons of the buildings or structures hereafter erected, altered or extended shall be provided and maintained as herein prescribed, and in the following minimum quantities:

(b)

Surfacing and drainage. All parking areas shall be so graded and drained as to dispose of all surface water accumulation within the area. Open sales lots for cars, trucks, and other equipment shall also be graded, drained, and dustfree, but the interior landscaping is not required. All accessory off-street parking facilities required herein shall be located as follows:

(1)

Spaces accessory to one-family and two-family dwellings: on the same lot as principal use served, and may include driveways.

(2)

Spaces accessory to multiple-family dwellings: on the same lot as the principal use served or within 300 feet of the main entrance to the principal building served.

(3)

Spaces accessory to all other nonresidential uses: on the same lot as the use it serves or within 400 feet of the principal building.

(4)

There shall be no off-street parking space within five feet of any street right-of-way.

(5)

No off-street parking area containing more than four parking spaces shall be located closer than five feet from an adjacent lot zoned or used for residential purposes.

(c)

General parking provisions.

(1)

In any parking facility providing over five spaces, 30 percent of the total spaces may be designed and marked for compact cars.

(2)

Each compact parking space shall not be less than eight feet wide and 16 feet in length.

(3)

Each standard parking space shall not be less than nine feet wide and 18 feet in length.

(4)

When required accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control, either by deed or longterm lease, as the property occupied by such principal use, and the owner of the principal use shall file a recordable document with the city council requiring the owner and his heirs and assigns to maintain the required number of off-street spaces during the existence of said principal use.

(5)

Required off-street parking space in any district shall not be utilized for the open storage of goods or for the storage of vehicles which are inoperable or for sale or rent.

(6)

Parking shall not be allowed in areas not designed for off-street parking. Loading spaces shall not be constructed as supplying off-street parking space.

(7)

When units or measurements used in determining the number of required parking spaces result in requirements of a fractional space any fraction, up to and including one-half shall require one parking space.

(8)

Whenever a use requiring off-street parking is increased in floor area, and such use is located in a building existing on or before the effective date of the ordinance from which this division is derived, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use.

(9)

For the purpose of this section, the term "floor area," in the case of offices, merchandising or service types of uses, means the gross floor area used or intended to be used for services to the public as customers, patrons, clients or patients as tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise.

(10)

Where a use is not specifically mentioned, off-street parking requirements shall be the same as for a similar use.

(11)

Nothing in this section shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses; provided collectively such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table in subsection (a) of this section.

(12)

Nothing in this section shall prevent the extension of or an addition to a building or structure into an existing parking area which is required for the original building or structure when the same amount of space taken by the extension or addition is provided by an enlargement of the existing parking area, or an additional area within 300 feet of such building.

(d)

Design and maintenance of off-street parking area.

(1)

The following standards are applicable to parking areas:

Required Aisle Width

(2)

Driveways serving off-street parking areas which do not have adjoining parking stalls shall provide the following minimum widths:

(3)

Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access shall not exceed 30 feet in width and shall so be located as to cause the least interference with traffic movement.

(4)

All open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb not less than five feet from the side property line or a guard of normal bumper heights not less than three feet from the side property line.

(5)

When a required off-street parking space for six cars or more is located adjacent to a residential district, a fence approved by the zoning administrator shall be erected along the residential district property line.

(6)

It shall be the joint and sole responsibility of the operator and owner of the principal use, and/or building to maintain, in a neat and adequate manner, the parking space accessways, landscaping and required fences.

(e)

Disabled parking requirements.

(1)

Individual parking spaces shall be 14 feet by 18 feet.

(2)

Two adjacent disabled parking stalls may be 23 feet wide, lined to provide two nine-foot parking spaces and one shared five-foot loading area.

(3)

Disabled parking shall be clearly identified with an approved handicap parking sign and surface identification.

(4)

Parking areas with five or fewer parking spaces shall include one disabled size parking space, although this parking space is not required to be exclusively reserved or identified.

(5)

Parking areas with more than five parking spaces will provide one disabled parking space per 25 nondisabled parking spaces and are to identify the space with required signage.

(f)

Illustrative diagrams. The diagrams labeled as follows are set forth herein for illustrative purposes only, and do not constitute a part of this chapter:

(1)

Off-street parking design standards for standard car spaces;

(2)

Off-street parking design standards for compact car spaces; and

(3)

Off-street parking design standards for handicap car spaces.

(Code 1999, § 16.7.23; Ord. No. 383, § 1, 1-28-2008; Ord. No. 416, § 5, 6, 2-23-2015)

(a)

Access drives may be located adjacent to property lines, except that drives consisting of crushed rock or other nonfinished surfacing shall not be placed closer than five feet to any side or rear lot line. The number and types of access drives onto major streets may be controlled and limited by the city council in the interests of public safety and efficient traffic flow.

(b)

Access drives onto county roads shall require a review and approval by the county engineer. The county engineer shall determine the appropriate location, size and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.

(c)

Access drives to principal structures which traverse wooded, steep or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The zoning administrator shall review all access drives (driveways) for compliance with accepted community access drive standards. All driveways shall have a minimum width of ten feet with a road strength capable of supporting emergency and fire vehicles.

(d)

All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway or an existing private roadway approved by the city council.

(Code 1999, § 16.7.24)

The provisions of this division apply to automobile service stations.

A service station site shall be a minimum of 20,000 square feet in size.

(Code 1999, § 16.7.26(A))

The building shall be setback at least 35 feet from the street right-of-way. Adjacent to residential districts, the service station buildings and pumps shall be a minimum of 25 feet from adjoining property. In commercial areas, the structures shall be set back at least ten feet from adjoining property.

(Code 1999, § 16.7.26(B))

Concrete curbs and gutters shall be installed on all streets providing access to the station. There shall be a six-inch curb along all interior driveways.

(Code 1999, § 16.7.26(C))

When adjacent to residential property, there shall be a screening fence at least six feet high between the service station property and residential lots. When adjacent to commercial property, there shall be a bumper-type fence at least 18 inches high between the station and the adjacent commercial property.

(Code 1999, § 16.7.26(D))

No vehicles shall be parked on the premises other than those utilized by employees or awaiting service. No vehicle shall be parked or awaiting service for longer than 15 days.

(Code 1999, § 16.7.26(E))

Exterior storage besides vehicles shall be limited to service equipment and the items offered for sale and shall be governed by the provisions of division 4 of this article. Exterior storage of the items offered for sale shall be within yard setback requirements and shall be located in containers such as the racks, metal trays and similar structures designed to display merchandise.

(Code 1999, § 16.7.26(F))

All areas utilized for the storage or disposal of trash, debris, discarded parts and similar items shall be fully screened. All structures and grounds shall be maintained in an orderly, clean and safe manner.

(Code 1999, § 16.7.26(G))

The station and other buildings shall be of a design that is compatible with the surroundings.

(Code 1999, § 16.7.26(H))

Exterior display of used tires, batteries and other such items for sale outside the buildings shall be permitted only in specifically designated containers and limited to two areas well back from the street right-of-way line. Junk cars, empty cans and other unsightly materials will not be permitted in an area subject to public view.

(Code 1999, § 16.7.26(I))

Lights shall be designed and placed in such a manner as to direct the light away from residential areas.

(Code 1999, § 16.7.26(J))

(a)

Business activities not listed in the definition of service stations and not incidental to the station are not permitted on the premises of a service station unless a conditional use permit is obtained specifically for such business. Such activities include, but are not limited to, the following:

(1)

Automatic car and truck wash;

(2)

Rental of vehicles, equipment or trailers; and

(3)

General retail sales.

(b)

Gas pumps located at and a part of other types of business establishments shall require a conditional use permit.

(Code 1999, § 16.7.26(K))

The city council makes the following findings regarding the effect adult entertainment uses have on the character of the city's neighborhoods. In making the findings, the city council accepts the recommendations of staff who are familiar with the experiences of other municipalities where adult entertainment uses have located.

(1)

Adult entertainment uses can exert a dehumanizing influence on persons attending places of worship, children attending state-licensed family day care homes, state-licensed group family day care homes, and state-licensed child care centers, students attending schools, and people using public parks and libraries.

(2)

Adult entertainment uses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law enforcement services.

(3)

Adult entertainment uses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the shortage of affordable and habitable housing for city residents.

(Code 1999, § 16.7.30(A))

In order to minimize the detrimental effect adult entertainment uses have on adjacent land uses, the city council adopts the land-use regulations of this division, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods.

(Code 1999, § 16.7.30(B))

(a)

Adult entertainment uses shall be prohibited in all of the city's use districts, except in the general industrial (I-2) use district, where such businesses shall be a conditional use.

(b)

In addition to such conditions as may be set pursuant to article II, division 3 of this chapter for the operation of such businesses, the following conditions shall be met prior to an adult entertainment use being allowed:

(1)

No adult entertainment use shall be located closer than 500 feet from any single-family dwelling, place of worship, school, public park, licensed family day care home, licensed group family day care home, public library, or state-licensed child care center. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the actual business premises of the adult entertainment use to the nearest point of the actual premises used as a single-family dwelling, place of worship, school, park, or licensed family day care home, licensed group family day care home, or licensed child care center.

(2)

No adult entertainment use shall be located closer than 500 feet from any rural residential (RR), single-family and two-family residential (R-1), or multifamily residential (R-2) districts. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the actual business premises of the adult entertainment business to the nearest boundary of the residential use district.

(3)

An adult entertainment uses must comply with all requirements of chapter 14, article IV.

(Code 1999, § 16.7.30(C))