(a)

High water elevation. No structure, except piers, docks, and retaining walls shall be placed at an elevation such that the lowest floor, including basement floor, is less than three feet above the highest known water level, or less than one foot above the 100-year regulatory flood protection elevation, if determined, of any adjacent lake, pond, river, watercourse, or wetland. If sufficient data on known high-water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high-ater elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize, and construction shall not begin until the property has been inspected by the building official.

(b)

Groundwater elevation. The lowest floor, including basement floor, of all structures shall be at a level at least three feet above the highest known groundwater table elevation. If requested by the building official, the groundwater table elevation shall be determined by a licensed soils engineer using soil borings, piezometers, or the observation of mottled soils.

(Zoning Ord., § 17.02)

(a)

Appurtenances to buildings. The building height limits established in each zoning district shall not apply to the following list of items, except that no such structural element may exceed 50 feet in total height or exceed the maximum height of the building by more than ten feet, whichever is greater, except by conditional use permit.

(1)

Belfries.

(2)

Chimneys or flues.

(3)

Church spires.

(4)

Cooling towers.

(5)

Cupolas and domes which do not contain usable space.

(6)

Flag poles.

(7)

Monuments.

(8)

Parapet walls.

(9)

Necessary mechanical and electrical appurtenances.

(10)

Personal wireless service towers.

(b)

Antenna supports. Height limitations for antenna support structures as set forth in article XVI of this chapter may be increased by conditional use permit.

(c)

Topography not to by modified. Modifications to the topography of a lot may not be undertaken as a means of achieving increased building height, unless approved by the zoning administrator.

(d)

Structures near runways. In the case of any proposal to construct or alter a structure which will exceed a height of 200 feet above ground level of the site, or any proposal to construct or alter a structure to a height of greater than an imaginary surface extending upward and outward at a slope of 100:1 from the nearest point of the nearest runway of a public airport, the applicant shall notify the commissioner of the state department of transportation in writing of the plans at least 30 days in advance of making applicable permit requests to the city. The applicant shall provide the zoning administrator with any comments received from the commissioner of the state department of transportation as part of the required applicable permit request. This local reporting is in addition to any federal permitting and review processing which may be simultaneously required.

(Zoning Ord., § 17.03)

(a)

General provisions.

(1)

Restrictions on certain unfinished metals. Except in association with farming activities, no galvanized or unfinished steel or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as Cor-Ten steel shall be permitted in any zoning district.

(2)

Architectural and aesthetic standards. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the adjacent properties or adversely impact the community's public health, safety and general welfare.

(3)

Exterior building finishes.

a.

Residential. The primary exterior building facade finishes for residential uses shall consist of materials comparable in grade to the following:

1.

Brick.

2.

Natural stone.

3.

Cast-in-place concrete or precast concrete panels.

4.

Integral colored split face (rock face) concrete block.

5.

Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, or cypress.

6.

Glass curtain wall panels.

7.

Stucco (natural or artificial).

8.

Vinyl.

9.

Metal—steel and aluminum.

b.

Commercial. The primary exterior building facade finishes for commercial uses shall consist of materials comparable in grade to the following:

1.

Brick.

2.

Natural stone.

3.

Cast-in-place concrete or precast concrete panels.

4.

Integral colored split face (rock face) concrete block.

5.

Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, or cypress.

6.

Glass curtain wall panels.

7.

Stucco (natural or artificial).

8.

Metal—steel and aluminum.

c.

Industrial/institutional. The primary exterior building facade finishes for industrial and institutional uses shall consist of materials comparable in grade and quality to the following:

1.

Brick.

2.

Natural stone.

3.

Integral colored split face (rock face) concrete block.

4.

Cast-in-place concrete or precast concrete panels.

5.

Wood, natural or composite, provided the surfaces are finished or exterior use or wood of proven exterior durability is used, such as cedar, redwood, or cypress.

6.

Except in the CC district, corporate campus, curtain wall panels of steel, fiberglass and aluminum (nonstructural, nonloadbearing), provided such panels are factory-fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion resistant design.

7.

Glass curtain wall panels.

8.

Metal—steel and aluminum.

d.

Building foundations and other such portions of a building's facade need not comply with the requirements for the primary facade treatment or materials.

(b)

Residential districts.

(1)

Except in the U-R zoning district, all accessory buildings in excess of 120 square feet that are accessory to residential dwelling units shall be constructed with a design consistent with the general character of the principal structure on the lot.

(2)

Nonresidential uses allowed in the residential districts may be allowed to have an all-metal or fiberglass accessory building in excess of the 120 square feet by conditional use permit, provided the building is located in the rear yard and is screened and landscaped from adjacent residentially zoned or used property and public rights-of-way in accordance with article VIII of this chapter.

(c)

Commercial and public/institutional districts. In commercial and public/institutional districts, any exposed metal or fiberglass finish on all buildings shall be limited to no more than 50 percent of all walls. Any metal finish utilized in the building shall be a minimum of 26 gauge steel. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. The roof slope shall be limited to a maximum of 1:12 slope, unless approved by the zoning administrator.

(d)

Industrial districts.

(1)

In industrial districts, all buildings constructed of curtain wall panels of finished steel, aluminum or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete cast-in-place or precast concrete panels on all wall surfaces. The required wall surface treatment may allow a maximum of 50 percent of the metal or fiberglass wall to remain exposed if it is coordinated into the architectural design. For buildings which abut residential uses, the building material requirements of subsection (c) of this section shall apply. In cases where industrial buildings are not visible from adjacent residential uses, the zoning administrator may grant an exception to the building material requirements of subsection (c) of this section.

(2)

The zoning administrator may grant a deferment to a developer of industrial metal buildings or building additions from the exterior wall design requirements of this division when the building or building addition will be constructed in more than one phase subject to the following:

a.

The deferment shall be until the second construction phase is complete or up to five years, whichever is less; and

b.

The building owner shall provide the city with an irrevocable letter of credit for an amount 1½ times the estimated cost of the required exterior wall treatment. The bank and letter of credit shall be subject to the approval of the city attorney. The letter of credit shall secure compliance with this chapter.

(e)

Exceptions. Exceptions to the provisions of this division may be granted as a conditional use permit by the city council, provided that:

(1)

The proposed building maintains the quality intended by this chapter.

(2)

The proposed building is compatible and in harmony with other structures within the district.

(3)

The provisions of division 4 of article II of this chapter are considered and the request is found to comply with these criteria.

(Zoning Ord., § 17.04)

Except as provided below, no lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this chapter. No required open space specified by this chapter to be provided for any building or structure shall be included as part of any open space required by this chapter for another structure.

(1)

Exceptions to setback requirements. The following shall not be considered as encroachments on yard setback requirements.

a.

Cantilevers up to ten feet in width, and chimneys, window wells and covers, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than 2½ feet into a required yard.

b.

Terraces, steps, decks, uncovered porches, stoops or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than six feet from a side or rear lot line. No encroachment shall be permitted in existing or required drainage and utility easements.

c.

In rear yards, recreational equipment (nonvehicular), laundry drying equipment, arbors and trellises, detached outdoor living rooms and gazebos not exceeding 500 square feet, and air conditioning or heating equipment not exceeding established state noise levels, provided they are at a distance of ten feet from any lot line. No encroachment shall be permitted in existing or required drainage and utility easements.

(2)

Required front yard setback exceptions. In the case of lots platted prior to the ordinance from which this chapter was initially derived, the required front yard setback as established by the respective zoning districts may be reduced, upon the approval of the zoning administrator, to a distance equaling the average setback of principal buildings within the block frontage in which the lot is located. In no case shall this distance be less than 15 feet, nor shall a principal structure be placed more than five feet beyond the setback of any principal structure on a directly abutting lot. The zoning administrator's approval shall be given as a matter of right if there is compliance with this chapter and any other applicable ordinance.

(3)

Corner lots. Front yard requirements shall be observed on each street frontage of a corner lot. Where the rear boundary line of a corner lot is part of the side boundary of a residential lot, no part of any structure or building on the corner lot shall be nearer its street side lot line than the minimum depth of any front yard required along such side street. In the case of a narrow corner lot where compliance with this requirement produces an impractical depth to a structure or building, the city council may allow the construction of such structure as near to the street side lot line as will give a practicable depth by approval of a conditional use permit.

(4)

Triangular lots. In the case of triangular lots, where the rear lot line is a single vertex, the rear yard setback points of reference shall be determined by measuring the length of the setback distance from the vertex along the side lot lines; the rear setback line shall be determined by traversing the lot and connecting these points of reference.

(Zoning Ord., § 17.05)

Except for elderly (senior citizen) housing, the number of efficiency apartments in a multiple-family dwelling shall not exceed ten percent of the total number of apartments. In the case of elderly (senior citizen) housing, efficiency apartments shall not exceed 30 percent of the total number of apartments.

(Zoning Ord., § 17.06)

The lot area per unit requirements for two-family, townhouses, manor and multiple-family developments shall be in accordance with applicable zoning district standards in which such uses are located. Lot area per unit requirements for planned unit developments shall be same as those imposed in the corresponding zoning district in which the use is customarily permitted.

(Zoning Ord., § 17.07)

(a)

Maximum units for townhouse. No single townhouse structure shall contain more than eight dwelling units.

(b)

Subdivision of two-family or townhouse lots. The subdivision of base lots containing two-family dwellings, or townhouses, to permit individual private ownership of a single dwelling unit within such a structure may be allowed upon the approval by the city. Approval of a subdivision request is contingent on the following requirements:

(1)

Prior to a two-family dwelling or townhouse subdivision, the base lot must meet all the requirements of the zoning district.

(2)

Except as allowed by conditional use permit, there shall be no more than one principal structure on a base lot in all residential districts. The principal structure on a unit lot created in a two-family or townhouse subdivision will be the portion of the attached dwelling existing or constructed on the platted base lot.

(3)

Permitted accessory uses as defined by the zoning districts are acceptable, provided they meet all the zoning requirements.

(4)

A property maintenance agreement must be arranged by the applicant and submitted to the city attorney for review and comment. The agreement shall ensure the maintenance and upkeep of the structure and lots to meet minimum city standards. The agreement is to be filed with the county recorder's office as a deed restriction against the title of each unit lot.

(5)

Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the zoning administrator.

(6)

The subdivision is to be platted and recorded in conformance to the requirements of the subdivision chapter.

(7)

Minimum unit lot width for townhouses shall be not less than 25 feet.

(8)

Requirements of the state building code at the time of subdivision shall be complied with.

(Zoning Ord., § 17.08)

The following standards apply to unsewered lots within the city.

(1)

Minimum lot area. Minimum lot size where public sewer is not available is ten acres for single-family uses, unless otherwise specified by the respective zoning district. This minimum lot size shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to July 1, 2000, provided that it can be demonstrated by means satisfactory to the city that the small parcels will not result in groundwater, soil or other contamination which may endanger the public health.

(2)

Two-family dwellings, multiple-family dwellings, and commercial developments. Two-family dwellings, multiple-family dwellings and commercial developments are not allowable uses on unsewered lots.

(3)

Other uses. Subject to the other provisions of this chapter, uses other than single-family detached dwellings, multiple-family dwellings and commercial developments may be allowed by conditional use permit. The minimum lot size for each principal use is five acres or the applicable zoning district requirement, whichever is greater. A conditional use permit shall not be granted unless it can be demonstrated by means satisfactory to the city that the use:

a.

Will not result in groundwater, soil or other contamination which may endanger the public health.

b.

Will not prematurely require or increase future city utility service demands and expense.

c.

Will not jeopardize public safety and general welfare.

(Zoning Ord., § 17.09)

All single-family detached homes shall:

(1)

Be constructed upon a continuous perimeter foundation that meets the requirements of this chapter and the state building code.

(2)

Shall not be less than 30 feet in length and not less than 22 feet in width over that entire minimum length. Width measurements shall not take account of overhang and other projections beyond the principal walls. Dwelling shall also meet the minimum floor area requirements as set out in this chapter.

(3)

Have an earth-covered, composition, shingled or tiled roof.

(4)

Receive a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. The exterior architectural design of a proposed dwelling may not be so at variance with, nor so similar to, the exterior architectural design of any structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the surrounding neighborhood as to cause a significant depreciation in the property values of the neighborhood or adversely affect the public health, safety or general welfare.

(5)

Meet the requirements of the state building code or the applicable manufactured housing code.

(Zoning Ord., § 17.10)

(a)

Issuance of permits.

(1)

No building shall be erected or structurally altered, nor shall any building or addition thereto be moved within or into the city until and unless a building permit therefor shall have been issued as hereinafter set forth. The moving of a building or structure shall also comply with the standards and process established in article X.

(2)

Application for a building permit shall be made by the owner of the property on which said building is to be erected, altered or moved, and shall state the legal description of the property to be improved.

(b)

Application information. All building permit applications shall be accompanied by construction plans drawn to scale and fully dimensional plus elevations as may be applicable. Furthermore, site plan information as specified by and in compliance with section 117-170 shall be submitted at the time of application.

(c)

Expiration of building permits. Every permit issued by the city building official shall expire by limitation and become null and void if the installation or work authorized by the permit is not commenced within 120 days from the date of issuance or if the work or installation is suspended or abandoned at any time for a period of 180 days. The city building official may issue one documented extension for up to 90 days for the time period for action by the applicant upon written request of the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. This written request must be made at least ten days prior to the expiration of such permit. Any subsequent extensions may only be made and issued by the city council for good cause shown. Any second request for an additional extension of the building permit must be made in writing to the city council in care of the city clerk-treasurer at least 30 days prior to the expiration of the permit. These extensions may be granted provided no changes have been made or will be made in the original plans and specifications for such work.

(d)

Completion of work. Any person altering, repairing or remodeling the exterior portion of a single-family dwelling or two-family dwelling, including an attached or detached garage or accessory building, shall complete such work within one year from the date of issuance of the building permit.

(1)

First extension. The city building official may issue an extension for completion of work based upon the written report of the applicant establishing that circumstances beyond the control of the applicant prevented completion of the work for which the building permit was authorized. This written request must be made at least ten days prior to the expiration of such permit. The city building official may issue one extension for no more than 90 days.

(2)

Subsequent extensions. Any subsequent extension may only be made and issued by the city council for good cause shown. Any second request for an additional extension of the work completion must be made in writing to the city council in care of the city clerk-treasurer at least 30 days prior to the expiration of the permit.

These extensions may be granted provided no changes have been made or will be made in the original plans and specifications for such work These requirements shall apply to any person altering, repairing or remodeling exterior portions of a single-family dwelling or a two-family dwelling or construction, new additions, garages, and/or accessory buildings for which a building permit has been outstanding for more than one year.

(e)

Fees. Fees for building permits and extensions as established by the city shall be submitted with the application and/or extension request, and are required prior to the application being considered complete and being processed.

(Zoning Ord., § 17.11)