OTHER DISTRICTS
The following regulations shall apply to all agricultural districts (A districts):
(1)
Uses permitted.
a.
Agriculture, including:
1.
Farming, crop cultivating.
2.
Farming, raising of livestock and poultry.
b.
Aviaries.
c.
Bed and breakfast establishments, subject to the following requirements:
1.
Off-street parking equal to two spaces for the operator and one space per guestroom shall be provided.
2.
Guest parking shall not be in a setback and shall not be on the driveway that also serves the garage for the operator.
3.
Guest parking areas shall not be closer than five feet to the side or rear property line.
4.
Not more than one nonilluminated sign measuring four square feet per face may be displayed.
5.
Guests shall stay no more than 14 consecutive nights.
d.
Boarding or keeping of horses or ponies with or without offering riding or riding instruction.
e.
Dwellings, single-family.
f.
Fairgrounds.
g.
Kennels, animal hospitals or clinics. No treatment room or pens for large animals and no kennel shall be located closer than 200 feet to any property unless maintained within a completely enclosed soundproof building. All facilities shall be operated in such a way as to produce no objectionable odors at or beyond the lot line.
h.
Mobile home as an accessory use to agriculture, one mobile home occupied as a permanent residence.
i.
Nurseries and orchards.
j.
Riding academies and public stables.
k.
Roadside stands for sale of only those farm products produced upon the premises on which the stand is located.
l.
Uses permitted in section 106-161.
m.
Utilities, to include substations, booster stations, telephone exchange stations, gas pressure control stations and water storage facilities.
(2)
Special uses. The following uses are permitted as special uses when authorized by the city council after a public hearing and recommendation by the plan commission:
a.
Agriculturally related business such as, but not limited to, anhydrous ammonia facilities, grain elevators, grain storage, and grain drying.
b.
Airports, landing fields and heliports.
c.
Auction houses, subject to review in terms of the following criteria:
1.
Noise.
2.
Setback.
3.
Parking.
4.
Signs.
5.
Buffering and landscaping.
d.
Camping, including travel trailers, motor homes, and tents.
e.
Camps.
f.
Carnivals and circuses.
1.
Such use shall provide one-half of the lot or two acres, whichever is greater, for customer parking, and gravel crushed stone or other improved access roads.
2.
A carnival or circus shall not operate more than 15 consecutive days.
3.
A carnival or circus shall not be located closer than 1,000 feet to any dwelling, except that of the owner or lessor of the site.
g.
Child care centers.
h.
Crematoriums.
i.
Educational facilities: public, parochial, and private colleges, universities, and K-12 boarding schools, and uses accessory and incidental thereto.
j.
Event venue and gathering place.
k.
Gun clubs, which shall be located at least 1,000 feet from any dwelling other than that of the owner or lessor of the site.
l.
Hospitals and nursing homes.
m.
Hotels as a principal building or structure within a recreational park.
n.
Landscape contractors with no retail sales.
o.
Mineral extraction facilities, including coal, sand, gravel, stone or other materials, by open pit or shaft methods.
1.
Such facility may include mining equipment such as conveyors, crushers, washers, shovels, drag lines, wheels, dredges, drill rigs and similar equipment. It does not include asphalt plants, ready-mix concrete plants and similar facilities.
2.
No extraction operation shall be carried out within 800 linear feet of any existing residential subdivision containing five or more dwellings of a non-farm nature or containing ten or more residential lots, or within 300 feet of any existing structure or building other than those which may be owned by the applicant for the permit unless written permission is obtained from the owner of such structures or buildings. The stockpiling of overburden is permitted within this buffer strip.
3.
All excavations and stockpiles shall be treated as structures in regard to setback from property lines as defined in subsection (4) of this section.
4.
Trucks entering and leaving the site must meet the weight requirements of affected roads.
5.
If haulage roads related to the mining development intersect with a township, county or state roadway or any other public roadway, the operator shall be responsible for obtaining a permit from the regulating agency of that particular road and for safe traffic control as the board may require.
6.
Where deemed reasonably necessary by the city, protective fencing may be required where a mineral extraction facility is in close proximity to a residential area from which children might be attracted, particularly if the mineral extraction facility contains areas of deep water.
p.
Municipal storage facilities.
q.
Radio, television and communication facilities, which may include studios, transmitting equipment and signal booster facilities.
r.
Recreational vehicle parks, subject to the following:
1.
Overall density shall not exceed 15 spaces per acre.
2.
No recreational vehicle shall be closer than ten feet to any interior drive or adjacent recreational vehicle or building except where mutually consented to by all parties.
3.
Where a recreational vehicle park abuts or adjoins any other district except an industrial district, a landscape buffer strip not less than 20 feet in depth with at least six-foot-tall screen planting shall be provided.
4.
Noise generated by activity within the park shall not exceed the ambient noise level at the property lines.
5.
The park shall be used by patrons having other residences.
s.
Retail sales: nurseries, including lawn and garden equipment.
t.
Sanitary landfills, subject to approval by the state environmental protection agency.
u.
Sawmills.
v.
Ground-mounted solar energy systems, solely as provided in section 106-293.
(3)
Required lot area. The required minimum lot area for agricultural districts shall be five acres, except as follows:
a.
Raising of livestock, poultry, etc., shall require a minimum of ten acres.
b.
Boarding of horses for a fee, offering riding instruction or providing horses for hire shall require a minimum lot of ten acres.
(4)
Yards.
a.
Front yard. There shall be provided on every lot a front yard not less than 50 feet in depth.
b.
Side yard. There shall be provided on every lot side yards not less than the following:
1.
Adjacent to the main building: 30 feet.
2.
Adjacent to the accessory building: 15 feet.
c.
Rear yard. There shall be provided on every lot rear yards not less than the following:
1.
Adjacent to the main building: 25 feet.
2.
Adjacent to the accessory building: 15 feet.
(5)
Off-street parking. Adequate off-street parking in accordance with the provisions of article VIII, division 2 of this chapter shall be provided.
(Code 1996, §§ 11-7-1—11-7-6; Ord. No. 20-12-34, § 1, 12-14-2020; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023; Ord. No. 24-09-22, § 11, 9-9-2024)
Cross reference— Animals, ch. 14.
The following provisions apply to the community facility district:
(1)
Uses permitted. The following uses are permitted in all community facility districts, subject to the following conditions:
a.
Business and professional offices and health clinics.
b.
Public meeting halls, public libraries, public reading rooms, public museums and public art galleries, where the principal building is located at least 50 feet from any other lot in any residential district.
c.
Public parks, public playgrounds and public community centers, provided that any buildings shall be located at least 50 feet from any other lot in any residential district.
d.
Public, parochial and private schools, day care centers and preschool centers; music, dance or business schools, where the principal building is located at least 50 feet from any other lot in any residential district.
e.
Recreation and amusement facilities, including but not limited to bowling alleys, billiard halls, music halls and dancehalls, gymnasiums, racquetball, handball, volleyball, tennis, baseball and basketball courts, soccer, football and golf driving ranges, miniature golf courses, swimming pools, saunas and jacuzzis, skating rinks (roller or ice), health classes, weightlifting, martial art instruction, large-screen video viewing, indoor theaters, instructional classes, and archery ranges.
f.
Retail catering, provided it is accessory to those uses of the principal building.
g.
Retail store or trade uses, provided they are accessory to those uses of the principal building.
h.
Service clubs and group meetings, receptions, anniversary parties and social meetings.
(2)
Floor area ratio. The floor area ratio in a community facility shall not exceed 0.8.
(3)
Lot area and width. The required area shall be as follows: the net land area for each community facility establishment shall not be less than one acre with at least a 100-foot width.
(4)
Yards.
a.
Front yard. There shall be provided on every lot a front yard not less than 40 feet in depth.
b.
Side yards.
1.
There shall be provided a side yard along any side lot line which adjoins a community facility. Its width shall not be less than ten feet and it shall not contain off-street parking and loading facilities.
2.
In side yards less than 40 feet wide which are contiguous to and adjoining a residential district, a solid wall or solid fence shall be provided along the property line. Such fences or walls shall be uniformly painted, and in no case shall be less than six feet high or more than seven feet high.
c.
Rear yard. There shall be a rear yard not less than 20 feet in depth.
(5)
Signs. Business and advertising signs pertaining to the business thereon are permitted, subject to the following:
a.
Illumination of all signs shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light into adjacent residential districts or into the public way.
b.
Any sign located in the direct line of vision of any traffic control signal shall not have flashing, intermittent, red, green or amber illumination.
c.
All signs on the premises shall be no higher in elevation than ten feet above the curb level and no more than 32 square feet in area. Furthermore, there shall be no more than four signs on the property and only one sign shall be permitted on each side of the property.
(6)
Off-street parking. Adequate off-street parking in accordance with the provisions of article VIII, division 2 of this chapter shall be provided.
(7)
Special uses. Ground-mounted solar energy systems, solely as provided in section 106-293.
(Code 1996, §§ 11-7A-1—11-7A-6; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023)
The following regulations shall apply in all L-H districts:
(1)
Uses permitted. The following uses are permitted at the Living History Farm and Museum:
a.
Business offices;
b.
Camping, including travel trailers, motor homes and tents;
c.
Farming;
d.
Public museums;
e.
Public parks;
f.
Public playgrounds;
g.
Raising of livestock;
h.
Recreation and amusement uses, including but not limited to music halls, dancehalls, soccer fields, outdoor concerts, exhibitions and similar gatherings (subject to the provisions of subsection (6) herein), softball fields, horseshoe areas, archery, kite flying, balloon ascensions, skydiving or fireworks;
i.
Retail catering and food concessions;
j.
Retail stores; and
k.
Service clubs and group meeting rooms, receptions, anniversary parties and social meetings.
(2)
Signs. The following restrictions apply to signs of the Living History Farm and Museum:
a.
Height, area and number. Sign height shall be not more than 32 feet, with a surface area of 64 square feet, with not more than four signs on the perimeter of the site.
b.
Setback. Setback requirements off of state highways shall be subject to state department of transportation regulations.
c.
Lighting. No direct lighting affecting oncoming traffic is permitted.
(3)
Fees for services (in lieu of real estate taxes). The following fees for services shall be applicable:
a.
Reserved.
b.
Water and sewer service. A fee, as required by the superintendent of public works, for water and sewer service, shall be subject to city council approval.
c.
Road maintenance. A road maintenance fee, if required by the superintendent of public works, shall be subject to city council approval.
d.
Fire protection. A payment for fire protection, as agreed to by the fire chief, on an annual basis, shall be subject to city council approval.
(4)
Construction and maintenance of roads.
a.
Roads are to be built to the specifications of subsection 82-182(b)(2)e.
b.
Roads are to be owned by the owner.
c.
Roads are to be maintained by the owner.
(5)
Off-street parking. Adequate off-street parking in accordance with provisions of article VIII, division 2 of this chapter shall be provided.
(6)
Security. The owner of property in the L-H district shall be responsible for security for any outdoor concerts, exhibitions and similar gatherings held on its property. A property owner shall enter into an agreement for security with the city, or make other arrangements for security acceptable to the city, for any outdoor concert, exhibition or similar gathering at which (i) at least 1,000 people are expected to attend or (ii) at least 500 people are expected to attend and liquor is intended to be served or otherwise consumed.
(7)
Slaughtering of livestock.
a.
Butchering and slaughtering of limited volume and generally accepted technique in the historic farm setting shall be allowed.
b.
In the event of the use of firearms for slaughtering and discharge of weapons on the site, special permission with prior notice to the police chief is required.
(8)
Surface burning. From time to time, subject to chapter 46, article III, surface burning for vegetation management will be allowed with prior permission of the police chief having been obtained in writing.
(9)
Building permits; handicapped accessibility requirements. The construction of any permanent building must have an applied-for building permit and payment of the necessary permit fees prior to construction, with special attention to handicapped accessibility.
(10)
Wells for agricultural purposes.
a.
Owners may drill new wells, as needed, for agricultural purposes only, and only with the approval of the city council as set forth in section 38-91 of the City Code.
b.
Owners must comply with all applicable health and welfare safety law ordinances and regulations applicable to the use and operation of all wells.
(11)
Special conditions.
a.
At such time as the parties determine it to be necessary, a portion of the annexed premises will be made available, for $1.00 and other considerations, to erect an elevated water storage facility and pump station to be utilized by the city.
b.
Such property will be made available to the city only after the mutually agreed design and location are chosen by the city and the owners.
c.
The owners will be permitted to install fences of various types, to guide visitors, to restrain animals on display and for security.
d.
The owners will be permitted to build structures typical of farms in the historic period.
e.
The owners will be permitted to deviate from BOCA codes as mutually agreed upon.
f.
The owners will be allowed to build a facsimile of an outhouse of the historic period.
g.
The owners will be allowed any other special use conditions as mutually agreed upon and put in writing by both the city and the owner.
(12)
Floor area ratio. The floor area ratio on a lot shall not exceed 1.5.
(13)
Applicability of Code. Except as specifically set forth in (i) this section or (ii) an annexation agreement between a property owner and the city, all provisions of this Code shall apply in the L-H district.
(14)
Special uses. Ground-mounted solar energy systems, solely as provided in section 106-293.
(Code 1996, §§ 11-3-1, 11-7B-1—11-7B-12; Ord. No. 04-01-01, §§ 1—4, 1-26-2004; Ord. No. 11-11-26, § 1, 11-14-2011; Ord. No. 15-03-06, § 1, 3-23-2015; Ord. No. 21-02-03, § 2, 2-8-2021; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023)
The following regulations shall apply in all recreational districts:
(1)
Uses permitted. All uses not otherwise prohibited by law are permitted; provided, however, that no building permit shall be issued for any of the following uses until such uses shall have been approved by the city council:
a.
Archery ranges.
b.
Boating.
c.
Camping, including travel trailers, motor homes, and tents.
d.
Farming, limited to the growing and harvesting of crops. No poultry or livestock shall be housed or confined in the district.
e.
Fishing.
f.
Food concessions.
g.
Golfing.
h.
Gravel mining and sales.
i.
Ice skating.
j.
Operation of all-terrain vehicles, including snowmobiles.
k.
Recreation areas.
l.
Sailing.
m.
Sale of alcoholic beverages (subject to the licensing provisions of this Code).
n.
Scuba diving.
o.
Softball.
p.
Swimming.
q.
Tennis.
(2)
Off-street parking. Adequate off-street parking in accordance with the provisions of article VIII, division 2 of this chapter shall be provided.
(3)
Special uses. Ground-mounted solar energy systems, solely as provided in section 106-293.
(Code 1996, §§ 11-7C-1—11-7C-3; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023)
Cross reference— Parks and recreation, ch. 66.
OTHER DISTRICTS
The following regulations shall apply to all agricultural districts (A districts):
(1)
Uses permitted.
a.
Agriculture, including:
1.
Farming, crop cultivating.
2.
Farming, raising of livestock and poultry.
b.
Aviaries.
c.
Bed and breakfast establishments, subject to the following requirements:
1.
Off-street parking equal to two spaces for the operator and one space per guestroom shall be provided.
2.
Guest parking shall not be in a setback and shall not be on the driveway that also serves the garage for the operator.
3.
Guest parking areas shall not be closer than five feet to the side or rear property line.
4.
Not more than one nonilluminated sign measuring four square feet per face may be displayed.
5.
Guests shall stay no more than 14 consecutive nights.
d.
Boarding or keeping of horses or ponies with or without offering riding or riding instruction.
e.
Dwellings, single-family.
f.
Fairgrounds.
g.
Kennels, animal hospitals or clinics. No treatment room or pens for large animals and no kennel shall be located closer than 200 feet to any property unless maintained within a completely enclosed soundproof building. All facilities shall be operated in such a way as to produce no objectionable odors at or beyond the lot line.
h.
Mobile home as an accessory use to agriculture, one mobile home occupied as a permanent residence.
i.
Nurseries and orchards.
j.
Riding academies and public stables.
k.
Roadside stands for sale of only those farm products produced upon the premises on which the stand is located.
l.
Uses permitted in section 106-161.
m.
Utilities, to include substations, booster stations, telephone exchange stations, gas pressure control stations and water storage facilities.
(2)
Special uses. The following uses are permitted as special uses when authorized by the city council after a public hearing and recommendation by the plan commission:
a.
Agriculturally related business such as, but not limited to, anhydrous ammonia facilities, grain elevators, grain storage, and grain drying.
b.
Airports, landing fields and heliports.
c.
Auction houses, subject to review in terms of the following criteria:
1.
Noise.
2.
Setback.
3.
Parking.
4.
Signs.
5.
Buffering and landscaping.
d.
Camping, including travel trailers, motor homes, and tents.
e.
Camps.
f.
Carnivals and circuses.
1.
Such use shall provide one-half of the lot or two acres, whichever is greater, for customer parking, and gravel crushed stone or other improved access roads.
2.
A carnival or circus shall not operate more than 15 consecutive days.
3.
A carnival or circus shall not be located closer than 1,000 feet to any dwelling, except that of the owner or lessor of the site.
g.
Child care centers.
h.
Crematoriums.
i.
Educational facilities: public, parochial, and private colleges, universities, and K-12 boarding schools, and uses accessory and incidental thereto.
j.
Event venue and gathering place.
k.
Gun clubs, which shall be located at least 1,000 feet from any dwelling other than that of the owner or lessor of the site.
l.
Hospitals and nursing homes.
m.
Hotels as a principal building or structure within a recreational park.
n.
Landscape contractors with no retail sales.
o.
Mineral extraction facilities, including coal, sand, gravel, stone or other materials, by open pit or shaft methods.
1.
Such facility may include mining equipment such as conveyors, crushers, washers, shovels, drag lines, wheels, dredges, drill rigs and similar equipment. It does not include asphalt plants, ready-mix concrete plants and similar facilities.
2.
No extraction operation shall be carried out within 800 linear feet of any existing residential subdivision containing five or more dwellings of a non-farm nature or containing ten or more residential lots, or within 300 feet of any existing structure or building other than those which may be owned by the applicant for the permit unless written permission is obtained from the owner of such structures or buildings. The stockpiling of overburden is permitted within this buffer strip.
3.
All excavations and stockpiles shall be treated as structures in regard to setback from property lines as defined in subsection (4) of this section.
4.
Trucks entering and leaving the site must meet the weight requirements of affected roads.
5.
If haulage roads related to the mining development intersect with a township, county or state roadway or any other public roadway, the operator shall be responsible for obtaining a permit from the regulating agency of that particular road and for safe traffic control as the board may require.
6.
Where deemed reasonably necessary by the city, protective fencing may be required where a mineral extraction facility is in close proximity to a residential area from which children might be attracted, particularly if the mineral extraction facility contains areas of deep water.
p.
Municipal storage facilities.
q.
Radio, television and communication facilities, which may include studios, transmitting equipment and signal booster facilities.
r.
Recreational vehicle parks, subject to the following:
1.
Overall density shall not exceed 15 spaces per acre.
2.
No recreational vehicle shall be closer than ten feet to any interior drive or adjacent recreational vehicle or building except where mutually consented to by all parties.
3.
Where a recreational vehicle park abuts or adjoins any other district except an industrial district, a landscape buffer strip not less than 20 feet in depth with at least six-foot-tall screen planting shall be provided.
4.
Noise generated by activity within the park shall not exceed the ambient noise level at the property lines.
5.
The park shall be used by patrons having other residences.
s.
Retail sales: nurseries, including lawn and garden equipment.
t.
Sanitary landfills, subject to approval by the state environmental protection agency.
u.
Sawmills.
v.
Ground-mounted solar energy systems, solely as provided in section 106-293.
(3)
Required lot area. The required minimum lot area for agricultural districts shall be five acres, except as follows:
a.
Raising of livestock, poultry, etc., shall require a minimum of ten acres.
b.
Boarding of horses for a fee, offering riding instruction or providing horses for hire shall require a minimum lot of ten acres.
(4)
Yards.
a.
Front yard. There shall be provided on every lot a front yard not less than 50 feet in depth.
b.
Side yard. There shall be provided on every lot side yards not less than the following:
1.
Adjacent to the main building: 30 feet.
2.
Adjacent to the accessory building: 15 feet.
c.
Rear yard. There shall be provided on every lot rear yards not less than the following:
1.
Adjacent to the main building: 25 feet.
2.
Adjacent to the accessory building: 15 feet.
(5)
Off-street parking. Adequate off-street parking in accordance with the provisions of article VIII, division 2 of this chapter shall be provided.
(Code 1996, §§ 11-7-1—11-7-6; Ord. No. 20-12-34, § 1, 12-14-2020; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023; Ord. No. 24-09-22, § 11, 9-9-2024)
Cross reference— Animals, ch. 14.
The following provisions apply to the community facility district:
(1)
Uses permitted. The following uses are permitted in all community facility districts, subject to the following conditions:
a.
Business and professional offices and health clinics.
b.
Public meeting halls, public libraries, public reading rooms, public museums and public art galleries, where the principal building is located at least 50 feet from any other lot in any residential district.
c.
Public parks, public playgrounds and public community centers, provided that any buildings shall be located at least 50 feet from any other lot in any residential district.
d.
Public, parochial and private schools, day care centers and preschool centers; music, dance or business schools, where the principal building is located at least 50 feet from any other lot in any residential district.
e.
Recreation and amusement facilities, including but not limited to bowling alleys, billiard halls, music halls and dancehalls, gymnasiums, racquetball, handball, volleyball, tennis, baseball and basketball courts, soccer, football and golf driving ranges, miniature golf courses, swimming pools, saunas and jacuzzis, skating rinks (roller or ice), health classes, weightlifting, martial art instruction, large-screen video viewing, indoor theaters, instructional classes, and archery ranges.
f.
Retail catering, provided it is accessory to those uses of the principal building.
g.
Retail store or trade uses, provided they are accessory to those uses of the principal building.
h.
Service clubs and group meetings, receptions, anniversary parties and social meetings.
(2)
Floor area ratio. The floor area ratio in a community facility shall not exceed 0.8.
(3)
Lot area and width. The required area shall be as follows: the net land area for each community facility establishment shall not be less than one acre with at least a 100-foot width.
(4)
Yards.
a.
Front yard. There shall be provided on every lot a front yard not less than 40 feet in depth.
b.
Side yards.
1.
There shall be provided a side yard along any side lot line which adjoins a community facility. Its width shall not be less than ten feet and it shall not contain off-street parking and loading facilities.
2.
In side yards less than 40 feet wide which are contiguous to and adjoining a residential district, a solid wall or solid fence shall be provided along the property line. Such fences or walls shall be uniformly painted, and in no case shall be less than six feet high or more than seven feet high.
c.
Rear yard. There shall be a rear yard not less than 20 feet in depth.
(5)
Signs. Business and advertising signs pertaining to the business thereon are permitted, subject to the following:
a.
Illumination of all signs shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light into adjacent residential districts or into the public way.
b.
Any sign located in the direct line of vision of any traffic control signal shall not have flashing, intermittent, red, green or amber illumination.
c.
All signs on the premises shall be no higher in elevation than ten feet above the curb level and no more than 32 square feet in area. Furthermore, there shall be no more than four signs on the property and only one sign shall be permitted on each side of the property.
(6)
Off-street parking. Adequate off-street parking in accordance with the provisions of article VIII, division 2 of this chapter shall be provided.
(7)
Special uses. Ground-mounted solar energy systems, solely as provided in section 106-293.
(Code 1996, §§ 11-7A-1—11-7A-6; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023)
The following regulations shall apply in all L-H districts:
(1)
Uses permitted. The following uses are permitted at the Living History Farm and Museum:
a.
Business offices;
b.
Camping, including travel trailers, motor homes and tents;
c.
Farming;
d.
Public museums;
e.
Public parks;
f.
Public playgrounds;
g.
Raising of livestock;
h.
Recreation and amusement uses, including but not limited to music halls, dancehalls, soccer fields, outdoor concerts, exhibitions and similar gatherings (subject to the provisions of subsection (6) herein), softball fields, horseshoe areas, archery, kite flying, balloon ascensions, skydiving or fireworks;
i.
Retail catering and food concessions;
j.
Retail stores; and
k.
Service clubs and group meeting rooms, receptions, anniversary parties and social meetings.
(2)
Signs. The following restrictions apply to signs of the Living History Farm and Museum:
a.
Height, area and number. Sign height shall be not more than 32 feet, with a surface area of 64 square feet, with not more than four signs on the perimeter of the site.
b.
Setback. Setback requirements off of state highways shall be subject to state department of transportation regulations.
c.
Lighting. No direct lighting affecting oncoming traffic is permitted.
(3)
Fees for services (in lieu of real estate taxes). The following fees for services shall be applicable:
a.
Reserved.
b.
Water and sewer service. A fee, as required by the superintendent of public works, for water and sewer service, shall be subject to city council approval.
c.
Road maintenance. A road maintenance fee, if required by the superintendent of public works, shall be subject to city council approval.
d.
Fire protection. A payment for fire protection, as agreed to by the fire chief, on an annual basis, shall be subject to city council approval.
(4)
Construction and maintenance of roads.
a.
Roads are to be built to the specifications of subsection 82-182(b)(2)e.
b.
Roads are to be owned by the owner.
c.
Roads are to be maintained by the owner.
(5)
Off-street parking. Adequate off-street parking in accordance with provisions of article VIII, division 2 of this chapter shall be provided.
(6)
Security. The owner of property in the L-H district shall be responsible for security for any outdoor concerts, exhibitions and similar gatherings held on its property. A property owner shall enter into an agreement for security with the city, or make other arrangements for security acceptable to the city, for any outdoor concert, exhibition or similar gathering at which (i) at least 1,000 people are expected to attend or (ii) at least 500 people are expected to attend and liquor is intended to be served or otherwise consumed.
(7)
Slaughtering of livestock.
a.
Butchering and slaughtering of limited volume and generally accepted technique in the historic farm setting shall be allowed.
b.
In the event of the use of firearms for slaughtering and discharge of weapons on the site, special permission with prior notice to the police chief is required.
(8)
Surface burning. From time to time, subject to chapter 46, article III, surface burning for vegetation management will be allowed with prior permission of the police chief having been obtained in writing.
(9)
Building permits; handicapped accessibility requirements. The construction of any permanent building must have an applied-for building permit and payment of the necessary permit fees prior to construction, with special attention to handicapped accessibility.
(10)
Wells for agricultural purposes.
a.
Owners may drill new wells, as needed, for agricultural purposes only, and only with the approval of the city council as set forth in section 38-91 of the City Code.
b.
Owners must comply with all applicable health and welfare safety law ordinances and regulations applicable to the use and operation of all wells.
(11)
Special conditions.
a.
At such time as the parties determine it to be necessary, a portion of the annexed premises will be made available, for $1.00 and other considerations, to erect an elevated water storage facility and pump station to be utilized by the city.
b.
Such property will be made available to the city only after the mutually agreed design and location are chosen by the city and the owners.
c.
The owners will be permitted to install fences of various types, to guide visitors, to restrain animals on display and for security.
d.
The owners will be permitted to build structures typical of farms in the historic period.
e.
The owners will be permitted to deviate from BOCA codes as mutually agreed upon.
f.
The owners will be allowed to build a facsimile of an outhouse of the historic period.
g.
The owners will be allowed any other special use conditions as mutually agreed upon and put in writing by both the city and the owner.
(12)
Floor area ratio. The floor area ratio on a lot shall not exceed 1.5.
(13)
Applicability of Code. Except as specifically set forth in (i) this section or (ii) an annexation agreement between a property owner and the city, all provisions of this Code shall apply in the L-H district.
(14)
Special uses. Ground-mounted solar energy systems, solely as provided in section 106-293.
(Code 1996, §§ 11-3-1, 11-7B-1—11-7B-12; Ord. No. 04-01-01, §§ 1—4, 1-26-2004; Ord. No. 11-11-26, § 1, 11-14-2011; Ord. No. 15-03-06, § 1, 3-23-2015; Ord. No. 21-02-03, § 2, 2-8-2021; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023)
The following regulations shall apply in all recreational districts:
(1)
Uses permitted. All uses not otherwise prohibited by law are permitted; provided, however, that no building permit shall be issued for any of the following uses until such uses shall have been approved by the city council:
a.
Archery ranges.
b.
Boating.
c.
Camping, including travel trailers, motor homes, and tents.
d.
Farming, limited to the growing and harvesting of crops. No poultry or livestock shall be housed or confined in the district.
e.
Fishing.
f.
Food concessions.
g.
Golfing.
h.
Gravel mining and sales.
i.
Ice skating.
j.
Operation of all-terrain vehicles, including snowmobiles.
k.
Recreation areas.
l.
Sailing.
m.
Sale of alcoholic beverages (subject to the licensing provisions of this Code).
n.
Scuba diving.
o.
Softball.
p.
Swimming.
q.
Tennis.
(2)
Off-street parking. Adequate off-street parking in accordance with the provisions of article VIII, division 2 of this chapter shall be provided.
(3)
Special uses. Ground-mounted solar energy systems, solely as provided in section 106-293.
(Code 1996, §§ 11-7C-1—11-7C-3; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023)
Cross reference— Parks and recreation, ch. 66.