Whenever the specific district regulations pertaining to one district permit residential uses of a more restricted district, such residential uses shall be subject to the conditions as set forth in the regulations of the more restricted district unless otherwise specified.

(Code 1984, § 20-141; Ord. No. 3080, Art. III, § 1, 11-16-1993)

The regulations herein set forth qualify or supplement as the case may be, the specific district regulations appearing in division 2 of this article.

(1)

Public or semi-public buildings. In any district, public or semi-public buildings, such as hospitals, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding 75 feet, provided that such buildings shall have yards which shall be increased one foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

(2)

Parapet walls and false mansards. Parapet walls and false mansards shall not extend more than six feet above the height limit. Flag poles, chimneys, cooling towers, elevator bulkheads, penthouses, finials, tanks, grain elevators, stacks, storage towers, radio transmitter towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and the necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter enacted laws affecting the same.

(Code 1984, § 20-142; Ord. No. 3080, Art. III, § 2, 11-16-1993)

(a)

Open space to serve one building. No open space or lot area required for a building or structure shall, during its life, be occupied by, or counted as open space for, any other building or structure.

(b)

Street right-of-way width. Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured at a starting point 25 feet from the centerline of the street easement, except that the depth of the front yard shall be measured from a starting point on the future right-of-way line for all collector streets and thoroughfares designated in the city comprehensive plan.

(c)

Street access for dwellings. No dwelling shall be erected on a lot which does not abut on at least one public street except in planned unit developments. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.

(d)

Sight lines at intersections. On any corner lot on which a front and side yard is required, no wall, fence, sign, or structure, or any plant growth which obstructs sight lines at elevations between two and six feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of ten feet along said front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersection.

(e)

Yard exceptions:

(1)

Rear yards. No rear yard shall be required in district C-1 to I-2 inclusive on any lot used for business or industrial purpose, where the rear line of which adjoins a railway right-of-way or which has a rear railway track connection. In computing the depth of a rear yard for any residential building where such yard abuts an alley, one-half of such alley may be assumed to be a portion of the rear yard except as to accessory structures, which shall use the edge of the improved alley as the rear yard line starting point.

(2)

Projections into yard. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall extend into a court more than six inches nor into a required yard more than 30 inches; and provided further that canopies or open porches having a roof area not exceeding 60 square feet may project a maximum of six feet into the required front yard; and existing open porches extending into the required front yard shall not be enclosed.

An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four feet into a rear yard.

(Code 1984, § 20-143; Ord. No. 3080, Art. III, § 3, 11-16-1993; Ord. No. 3668, § 1, 4-1-2008)

(a)

General. Mobile homes are permitted only in mobile home parks. Manufactured housing is permitted only in mobile home parks, manufactured housing parks and in R1/MH-R2/MH zoning districts; provided, however, that the city council may allow mobile homes or manufactured housing as temporary housing in the event of a disaster such as tornado or flood. Such temporary housing shall be removed within six months of its original placement. Mobile homes or manufactured housing may be used as temporary offices at construction sites. Such offices shall be removed immediately upon completion of the project.

(b)

Mobile home and manufactured housing parks operating regulations. For the purposes of this subsection, the term "housing unit" means one mobile home or manufactured housing unit. The term "park" means a mobile home park or manufactured housing park.

(1)

License. Park owners shall be required to obtain an annual license in accordance with chapter 48, article II. Parks shall be inspected prior to issuance of annual licenses and owners of manufactured housing parks shall provide documentation of the year of manufacture of each unit in the parks.

(2)

Insurance. Park owners shall be required to maintain general liability insurance covering bodily injury and property damage that may result from park operations, with limits of at least $250,000.00.

(3)

Permits/inspections.

a.

In manufactured housing parks, a set-up permit shall be obtained before a housing unit is installed. The cost of the permit shall be as provided in the city fee schedule. No housing unit shall be occupied until its setup and utility connections have been inspected by the city building inspector and fire department inspector. Skirting shall not be installed until tie downs and utility connections have been inspected.

b.

Building permits shall be obtained for construction of alterations, additions, decks, buildings and other improvements in parks if such construction is normally required by city building codes. The owner of the proposed improvements shall be responsible for obtaining the building permits.

c.

City inspectors and code enforcement officers shall have the power to enter parks, at reasonable times, for the purpose of inspection to determine compliance with these regulations and other ordinances of the city.

(4)

Addresses/registers. Park owners shall assign an address to each unit in the park, and the letters and/or numbers of said address shall be affixed to the housing units and shall be clearly visible from the street. The owner shall also maintain a current register of the owners and tenants of each housing unit in the park.

(5)

Set-up requirements. Park owners shall be responsible for the following set-up requirements:

a.

Each housing unit shall be leveled and tied down in accordance with manufacturer's recommendations to prevent uplift and overturn of the units.

b.

Each housing unit shall have separate electrical, water, sewer and, if available, natural gas hookups. Electrical pedestals shall be at least five feet from the housing units.

c.

Each housing unit shall have full uniform skirting installed within 30 days of set-up.

d.

Each housing unit in manufactured housing parks shall have a paved walkway or driveway from the main entrance to the street, and shall have two paved off-street parking spaces, nine feet by 20 feet minimum.

(6)

Any park which allows the parking of boats, trailers, campers and RVs within the park, shall have at least one parking space for each four housing units as a common parking area for such boats, trailers, campers and RVs, etc.

(7)

No more than one detached accessory storage building per housing unit shall be permitted and such buildings shall be located at least 20 feet from a street and at least ten feet from any other structure. Said accessory building shall be constructed of standard building materials compatible with the mobile home or manufactured housing unit.

(8)

Outside storage shall not be permitted in any park, except for licensed vehicles, trailers, boats and RVs.

(9)

Approved park layouts shall not be changed by adding housing spaces or by diminishing setbacks, fencing or landscaping without prior approval of the city council.

(10)

Park owners shall be responsible for the upkeep and maintenance of park property so as to comply with city ordinances regarding trash removal, weeds, junk, animal control and other nuisances.

(11)

Existing mobile home parks as of July 1, 2000:

MOBILE HOME PARKS

(c)

Manufactured housing parks application and development requirements. For the purposes of this section the term "parks" means manufactured housing parks.

(1)

Permitted districts. Parks are permitted as use permitted upon review in R-3 and R-4 zoning districts.

(2)

Application. The procedure for uses permitted upon review in section 36-283 shall be followed. The application shall also include the following information:

a.

Boundary survey and legal description of the park.

b.

A layout of the park showing the location and dimensions of individual housing and parking spaces, park streets, fencing and landscaping areas, park office, maintenance and recreation facilities and common parking areas.

c.

Owner's proposed park regulations.

d.

Proposed schedule of development. If park improvements are to be developed in phases, the phases shall be clearly delineated.

(3)

Development standards.

a.

Minimum area for a park shall be five acres.

b.

Density: five units per acre.

c.

Sanitary sewers, storm sewers, water supply, and street lighting shall be provided in accordance with standards and specifications of city subdivision regulations and building codes.

d.

All structures on park property shall be set back a minimum of 25 feet from public rights-of-way.

e.

Housing units and their accessory buildings shall be set back a minimum of 20 feet from the curb or pavement edge of private streets and drives.

f.

There shall be a minimum 20-foot separation between housing units.

g.

All structures on park property shall be set back a minimum of ten feet from side and rear property lines.

h.

A landscaped area not less than five feet wide, or a six-foot privacy fence shall be provided around park perimeters abutting residential zoning districts. Landscaping may include trees, hedge or shrubbery. Fence shall be of sturdy construction using standard fencing materials.

i.

Each housing unit shall be used only as a single-family dwelling.

j.

Housing units shall not be more than ten years old at time of set-up.

k.

The maximum height of all structures in a park shall be 25 feet.

l.

Two off-street parking spaces shall be provided for each housing unit. In addition, a common parking area for boats, trailers, campers and RVs shall be provided at the rate of one space per four housing units if parking of such vehicles is permitted in the park by the park owner. Spaces shall be a minimum of nine feet by 20 feet.

m.

All streets, driveways and parking areas shall be asphalt or concrete.

n.

Access to all parks shall be via a public street.

o.

Private streets in parks shall be at least 22 feet wide and shall have roll back curb and gutter.

p.

All housing units in parks shall be owner-occupied or owned by park owners.

(4)

Permits. Upon approval of the use permitted upon review by the city council, the park owner shall submit construction plans in conformance with the layout for park utilities, streets, storm sewers, parking areas, fencing, landscaping, offices and other facilities. Upon approval of the construction plans, the owner will be issued a permit to begin development of the park. The permit shall be valid only for the approved location and only for the approved layout.

No set-up permit will be issued until all utilities, streets, parking, landscaping and other required park improvements are completed.

(Code 1984, § 20-144; Ord. No. 3412, § 3, 7-18-2000)

Any recreational vehicles, trailers and commercial vehicles shall not be parked or stored on any lot occupied by a dwelling any unit in a residential district except in accordance with the following provisions:

(1)

In no case shall any vehicle used for hauling explosives, gasoline, liquefied petroleum products, chemicals or other hazardous materials or any major construction type of equipment be permitted.

(2)

In no case shall any vehicle from which offensive odors or noise originates be permitted. Such vehicles are deemed a public nuisance.

(3)

In no case shall any recreational vehicle, hauling or travel trailer or commercial vehicle be permitted to park on public right-of-way for purposes other than delivery.

(4)

The owner of any vehicle which causes damage to be done to public property shall be liable for the cost of repairing said damage or repairing said damage in accordance with city requirements. The liability set forth herein is applicable whether the damage arises from a permitted use or a prohibited use.

(5)

Not more than one recreational vehicle or travel trailer per family living on the premises shall be permitted, provided that no such vehicle shall be used for permanent residential purposes.

(6)

Not more than one hauling trailer, customarily towed behind passenger cars, and not exceeding a box length of 16 feet in length, per family living on the premises shall be permitted.

(7)

Recreational vehicles, travel trailers, and hauling trailers on the basis of one per family living on the premises may be in the side or rear yard of private homes, but not on the street side of a corner lot. Additional such vehicles or trailers may be stored if kept in an enclosed garage. No such vehicles as trailers may be stored on a public street.

(8)

Standing or parked advertising trailers or other such advertising devices are prohibited on any public right-of-way.

(Code 1984, § 20-145; Ord. No. 3080, Art. III, § 5, 11-16-1993)

Private swimming pools may be constructed as an accessory use, in conformity with this article; provided, however, that a swimming pool shall not be constructed or erected in front of the front building line and no portion of the pool, equipment, or other facilities related thereto, shall be located closer than eight feet to the side or rear lot line. Swimming pools shall be completely enclosed with a protective barrier, a minimum of 42 inches in height. If gates are installed they shall be equipped with locking devices.

(Code 1984, § 20-146; Ord. No. 3080, Art. III, § 7, 11-16-1993)

In any flood hazard area designated under the National Flood Insurance Act of 1968, no building or land use permit shall be issued contrary to federal requirements related to new construction, substantial improvements, and/or grading and filling in such areas.

(Code 1984, § 20-147; Ord. No. 3080, Art. III, § 8, 11-16-1993)

(a)

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

Garage sale means the offering for sale various items of personal property, on property zoned and/or occupied as a residence, the seller being the owner or occupant of said residence.

(b)

No person shall conduct a garage sale within the city limits without first obtaining a permit from the city clerk. Permits issued shall be valid for two consecutive days between the hours of 7:00 a.m. to 7:00 p.m.

(c)

Garage sale permits shall be displayed in a prominent place on the premises for which the permit was issued.

(d)

No more than four garage sales per year, nor more often than one every 60 days, may be held by the same person or at the same location.

(e)

Signs advertising garage sales shall not be affixed to or placed on public sidewalks, traffic signs, power poles or other public facilities. Signs shall not be placed off-premises without permission of the property owner upon whose property the sign is placed. Such signs shall not be erected sooner than two days prior to the day of the sale, and all signs shall be removed within 24 hours after the garage sale ends.

(f)

The code enforcement officer for the city is hereby authorized to enforce the provisions of this section and is authorized to issue summonses, directing the individual to appear in municipal court, for violations actually observed and occurring in the presence of the code enforcement officer. The code enforcement officer is not authorized to make arrests or given authority not specifically authorized herein.

(Code 1984, § 20-148; Ord. No. 3376, § 1, 8-17-1999; Ord. No. 3380, § 1, 9-21-1999)

(a)

Definitions. In addition to the definitions found in section 36-87, the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana, and any and all associated business and/or operational activities, including the production of clones, immature plants, seeds and other agricultural products.

Dispensing means providing, selling, making available or otherwise distributing marijuana or marijuana products from any facility or location, whether fixed or mobile.

Distribution means the procurement, sale, and transport of marijuana and marijuana products.

Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

Medical marijuana means all the parts of the plant of the genus Cannabis whether growing or not, and the seed of such plants that can be administered to treat or alleviate a condition of a medical marijuana qualifying patient.

Medical marijuana cultivation facility means an entity which has been licensed by the state department of health and senior services and operated in compliance with all applicable state rules that cultivates, prepares, manufactures, processes, packages, sells and delivers usable marijuana to a dispensary or a medical marijuana-infused products manufacturing facility.

Medical marijuana dispensary means an entity that has been licensed by the state department of health and senior services to acquire, sell, store, transport, or deliver marijuana or marijuana-infused products, and operated in compliance with all applicable state rules. The term "medical marijuana dispensary" also includes cultivating dispensaries.

Medical marijuana-infused manufacturing or processing facility means an entity which has been licensed by the state department of health and senior services to operate a facility that incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporation into consumable/edible products.

Medical marijuana qualifying patient means a person who is authorized by the state to obtain and use medical marijuana products, or a primary caregiver of such person, as that term is defined in article XVI of the state constitution.

Medical marijuana transportation facility means a facility certified by the state to transport marijuana or marijuana products to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility.

Processing means any method used to prepare marijuana and/or marijuana products for commercial retail and/or wholesale sales, including but not limited to: cleaning, curing, preparation, laboratory testing, manufacturing, packaging and extraction of active ingredients to create marijuana related products and concentrates.

Sell, sale, or to sell includes any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.

(b)

Purpose and intent. The purpose of these regulations is to provide a uniform and comprehensive set of standards for the location and development of facilities intended for the production and distribution of marijuana/cannabis as provided in the state constitution and regulated by the state department of health and senior services. The intent of these regulations is to protect the public health, safety and community welfare while allowing the development of centers for the regulated and controlled production and distribution of cannabis for medical purposes, while ensuring that the provisions of state and city law are met.

(c)

Permitted uses.

(1)

Medical marijuana/cannabis cultivation centers and medical marijuana infused manufacturing facilities shall be permitted uses in I-1 Restricted Light Industrial, I-2 Light Industrial, and I-3 Heavy Industrial Districts, but only when such operations take place entirely within an enclosed structure.

(2)

Medical marijuana/cannabis dispensaries shall be permitted uses in C-3 General Commercial Districts and C-4 Open Display Commercial Districts.

(3)

Medical marijuana transportation facilities shall be permitted uses in I-1 Restricted Light Industrial, I-2 Light Industrial, and I-3 Heavy Industrial Districts and as conditional uses in C-2/H Central Business/Historic, C-3 General Commercial Districts, and C-4 Open Display Commercial Districts.

(d)

Conformance with regulations. All marijuana related uses shall conform to and meet all regulations established by the state and the city.

(e)

Signage. Signage must meet the requirements for the zoning district in which the medical marijuana/cannabis cultivation center, medical marijuana-infused manufacturing facility, or medical marijuana dispensary is located.

(f)

Location.

(1)

No cultivation center or medical marijuana-infused manufacturing facilities shall be located within 1,000 feet of any school, church, or other building regularly used as a place of worship.

(2)

No medical marijuana dispensary shall be located within 1,000 feet of any school, church, or other building regularly used as a place of worship.

(3)

The establishment of a school, church or place of worship shall not affect the renewal of any existing license or the application for a new license upon change of ownership or otherwise for the previously licensed premises.

(g)

Setback from other cultivation centers and dispensaries. No cultivation center may be located within 1,000 feet of another cultivation center or a dispensary.

(h)

Perimeter setbacks of structures on a site. Unless otherwise limited under this chapter, the perimeter setback for a cultivation center shall be the same as that of the zoning district in which it is located.

(i)

Minimum yard requirements. Unless otherwise limited under this chapter, cultivation centers must meet the requirements for the zoning district in which they are located.

(j)

Parking. Parking shall be provided in accordance with chapter 36, article IV, division 5.

(k)

Drive-through, take-out or drive-in service. There shall be no drive-through service, take-out window, or drive-in service at any marijuana related business.

(l)

Enclosed building. All marijuana cultivation, manufacture, processing or dispensing operations shall be conducted within a completely enclosed building.

(m)

Age and access limitations. It shall be unlawful for any cultivation center to allow any person who is not at least 18 years of age on the premises. Cultivation centers shall not employ anyone under the age of 21 years. Access shall be limited exclusively to cultivation center staff and local and state officials and those specifically authorized under state law.

(n)

Distance measurement rules. The distances to be measured in this section shall be determined as follows:

(1)

For all marijuana uses except medical marijuana transportation facilities, distance shall be measured as follows:

a.

In the case of a freestanding facility, the distance between the facility and the buffered location shall be measured from the external wall of the facility structure closest in proximity to the buffered location to the closest point of the property line of the buffered location. If the buffered location is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the buffered location that is closest in proximity to the facility.

b.

In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the buffered location shall be measured from the property line of the buffered location to the facility's entrance or exit closest in proximity to the buffered location. If the buffered location is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the buffered location that is closest in proximity to the facility.

c.

Measurements shall be made along the shortest path between the measurement points that can be lawfully travelled by foot along public routes.

(2)

For medical marijuana transportation facilities, distance shall be measured as follows:

a.

In the case of a freestanding facility, the distance between the facility and the buffered location shall be measured from the property line of the facility to the closest point of the property line of the buffered location.

b.

In the case of a facility that is a part of a larger structure, such as an office building or strip mall, the distance between the facility and the buffered location shall be measured from the property line of the buffered location and the facility's entrance or exit that is in closest proximity to the buffered location.

c.

Measurements shall be made along the shortest path between the measurement points that can be lawfully travelled by foot along public routes.

( Ord. No. 4011 , 8-6-2019)