This chapter provides for the administration and enforcement of general zoning regulations. This chapter shall be known, cited, and referred to as the “General Zoning Regulations of the City of Clive, Iowa.”

   The provisions of this chapter shall be interpreted and applied as minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules, regulations, or ordinances, the provisions of this chapter shall control. For a specific land use, where the requirements of any other City ordinance are more stringent or restrictive than the requirements in this chapter, nothing in this chapter shall not be construed to waive compliance with the provisions of such other ordinances.

   The lawful use of facilities existing at the time of the enactment of this chapter may continue, although such use may not conform to the regulations in this chapter. For those facilities permitted before the adoption of this chapter, such facilities shall be classified as “permitted nonconforming” facilities. It is the intent of this chapter to permit these “nonconforming” facilities to continue until they are removed, but not to encourage their survival. Such facilities are declared by this chapter to be incompatible with the permitted facilities in the districts involved. No permit shall be issued for any lot, tenant, or development after the effective date of this chapter which is not in substantial conformity with the provisions of this chapter. Furthermore, no facility shall be substantially improved, converted, enlarged, or otherwise altered without conforming except where specified to the provisions of this chapter. On any building, devoted in whole or in part, to any nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing; provided that the cubic content of the building as it existed at the time of enactment or amendment of the zoning ordinance is not increased. This chapter shall not be construed to prohibit the improvement of any building or structure from a state of disrepair, neglect, or potentially harmful condition to a minimum level of safety as determined by the Building Official.

   1.   Conformance Required. Except as specified in this chapter, no land use, building, or structure shall be erected, extended, converted, enlarged, moved, or structurally altered which does not comply with all the regulations established by this chapter for the district in which the building or land is located.

   2.   Continuing Existing Nonconforming Uses. The lawful use of land, building, or structure existing at the time of the enactment of the zoning ordinance may be continued even though such use may not conform with the regulations of this chapter. Any use in existence at the adoption of the zoning ordinance which was not an authorized “nonconforming use” under previous zoning ordinances, shall not be authorized to continue as a nonconforming use in accordance with this chapter, or amendments in this section. If no structural alterations are made, any nonconforming use of a building or structure may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restrictive use or to another conforming use, such use shall not be changed to a less restrictive use. When a nonconforming use of land, building, or structure is discontinued or abandoned for six months, the building, structure, and premises in combination shall not be used except in conformance with the regulations in the district in which it is located. Where nonconforming use status applies to a building, structure, and premises in combination, removal of the structure shall eliminate the nonconforming status of the land. Any nonconforming building or structure damaged more than 50 percent of its replacement cost, exclusive of the foundations, at the time of damage by any means shall not be restored or reconstructed, except in conformity with the provisions of this chapter. If the structure is less than 50 percent damaged above the foundation, it may be restored, reconstructed, or used as before, provided that reconstruction is completed within six months of such happening, and is built of like or similar materials as appropriate to the zoning district.

   3.   Existing Building Permits.

      A.   Nothing contained in this section shall require any change in the overall layout, plans, construction, size, or designated use of any building or part of, for which approval and required building permits have been granted before the effective date of this section. The construction, in conformance with such plans, shall have started prior to the effective date and completion carried on in a normal manner and not discontinued for any reason, other than those beyond the builder’s control.

      B.   “Actual construction” is defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except where demolition or removal of an existing building has been substantially begun prior to rebuilding. Demolition or removal shall be deemed to be actual construction, provided that such work is diligently carried on until completion of the building.

   4.   Yard, Open Space, and Parking. No part of a yard or other open space, off-street parking or loading space required about or in connection with any building, for the purpose of complying with this chapter, shall be included as such required for any other building unless otherwise permitted through the development review and approval process.

   5.   Reduction in Yard or Lot Requirements. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.

   The purpose of this provision is to prevent obstructions on private property, which substantially impair or interfere with the visibility of pedestrian or vehicular movement on and along public streets and sidewalks, create an unreasonable risk of death, personal injury, or property damage, and otherwise interfere with the unobstructed and safe use of the public right-of-way.

   1.   On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of two and one-half and 10 feet above the centerline grades of the intersecting streets in the area bounded by the ROW lines of such corner lots and a line adjoining points along said ROW lines 25 feet from the point of intersection of right-of-way lines. See figure 11-4-5.1 of this section.

   2.   In the case of private streets or drives, the vision clearance triangle shall be measured from the back of curb or edge of the private road surface and the point of intersection with the right-of-way line.

   3.   Staff may require an engineering analysis to be performed and submitted for review before permits are issued. Based on the analysis, differing greater or lesser dimensions may be required based upon the current standards of the Institute of Transportation Engineers or the Association of American State Highway Officials.

   Except as provided in this section, no lot shall contain any building used, in whole or in part, for any residence purposes unless such lot abuts for at least 40 feet on at least one public street. An exclusive unobstructed ingress/egress easement of access or right-of-way of at least 24 feet wide to a public street may be used to satisfy this requirement in unique circumstances.

   Accessory buildings require a permit and a fee in an amount determined, from time to time, by resolution of the Council.

   1.   Accessory Building, Large. A building greater than 75 square feet subordinate to the principal use of a building on the lot and serving a purpose customarily incidental to the use of the principal building.

      A.   Location. Large accessory buildings may be erected in rear yards only. For commercial and multi-family developments, large accessory buildings may be permitted in any yard subject to site plan approval.

      B.   Setbacks. Setbacks for large accessory buildings shall be no less than five feet from a principal building or any other large accessory building. Large accessory buildings shall be at least five feet from side and rear lot lines. See figure 11-4-7.1. Large accessory buildings 600 square feet or larger shall meet the setback requirements of the principal building.

      C.   Design Characteristics. Large accessory buildings shall be constructed of materials similar to the principal structure, and in character with the surrounding built environment, as determined by the Community Development Director. For commercial and multi-family developments, design characteristics shall be subject to site plan approval.

   2.   Accessory Building, Small. A building 75 square feet or less subordinate to the principal use of a building on the lot and serving a purpose customarily incidental to the use of the principal building.

      A.   Location. Small accessory buildings may be erected in rear yards only.

      B.   Setbacks: Small accessory buildings may be placed next to primary or large accessory buildings. Small accessory buildings shall be at least five feet from rear lot lines.

      C.   Design Characteristics. Small accessory buildings are not required to conform with design standards that apply to primary and large accessory buildings. Small accessory structures must be constructed with durable outdoor materials.

   3.   General Standards. The following shall apply to all accessory buildings:

      A.   Corner Lots or Double Frontage. In the case of a corner lot or a double frontage lot, accessory buildings with floor area greater than 75 square feet shall not be located in the primary or secondary front yards. Accessory buildings with floor area less than or equal to 75 square feet are permitted to encroach into the secondary front yard. In this case, the “secondary front yard” is defined as that yard that fronts on a public street or ROW, but does not contain the main entrance to the principal structure. See figure 11-4-8.3 in Section 11-4-8 of this chapter.

      B.   Principal Building Relationship. Accessory buildings, except buildings housing animals or fowl, may be erected as part of the principal building or may be connected thereto by a breezeway or similar structure, and such accessory building shall be considered as part of the principal building for all yard requirements and building codes.

      C.   Height. No accessory building shall exceed one story or 15 feet in maximum height.

      D.   Accessory buildings shall not be constructed in such a way as to impede drainageways or interfere with overland flowage easements.

      E.   Principal Building Constructed. No accessory building shall be constructed on a lot until the construction of the main building has begun, and no accessory building shall be used unless the Building Official has issued a Certificate of Occupancy for the principal building. An accessory building may be constructed on a lot without a principal building, provided the following conditions are met:

         (1)   A principal building is located on an adjacent lot.

         (2)   The lot containing the principal building and the lot with the accessory building shall have the same owner.

         (3)   The lot containing the principal building and the lot with the accessory building shall be bound by a recorded lot tie agreement.

   Accessory structures require a permit and a fee in an amount determined, from time to time, by resolution of the Council. Accessory structures may be erected with the following provisions:

   1.   Location.

      A.   Accessory structures shall be permitted in any yard, unless specified in this section.

      B.   Accessory structures shall not be constructed in such a way to impede drainageways or interfere with overland flowage easements.

      C.   A minimum rear yard setback of five feet and a minimum side yard setback of two feet shall be maintained for accessory structures unless specified elsewhere in this title.

   2.   Decks.

      A.   Decks not exceeding 50 square feet in area shall be permitted in any yard, provided a minimum side yard setback of five feet is maintained.

      B.   Decks larger than 50 square feet shall be permitted in side and rear yards only, provided a minimum side and rear yard setback of five feet is maintained.

   3.   Fences And Walls.

      A.   Ornamental Fences. Ornamental fences not exceeding 36 inches in height are permitted within the limits of any yard in all districts. However, in no event shall a fence be permitted that interferes with vision clearance triangle.

      B.   Barbed Wire or Electric Fences. The use of barbed wire or electric fences to enclose land is prohibited within the corporate limits without prior approval of the Council.

      C.   Residential Districts.

         (1)   Requirements for Fences and Walls. Fences and walls not exceeding six feet in height are permitted within the limits of side and rear yards with a zero foot setback in all residential districts except corner and double frontage lots as permitted in Subsections (C)(3)(c) and (C)(3)(4) of this section. The face of the fence shall be equally attractive on both sides. Structural members shall be directed toward the developing property or away from the public thoroughfare. In all cases, access shall be provided to the unenclosed property or ROW for maintenance purposes.

         (2)   Safety or Physical Handicap Issues. In a circumstance in which a fence, ramp, or similar structure is required for safety or access due to a bona fide personal physical handicap or developmental disability, an accessory structure may be permitted to encroach up to 10 feet within the required front yard, provided such accessory structure is approved by the Council. The Council may condition its approval upon an agreement that the accessory structure be removed if the person with disability no longer resides at the dwelling.

         (3)   Double Frontage Lots. In the case of double frontage lots with an arterial street forming the rear property line, fences may be permitted up to the property line in the secondary front yard, provided no landscaping buffer exists. See Figure 11-4-8.3 of this section. Such fences may be up to six feet in height. The finished surface of the fence shall face outside the property.

a.   Arterial streets within the City are defined for the purposes of this chapter as N.W. 86th Street, N.W. 100th Street, N.W. 114th Street, N.W. 128th Street, N.W. 142nd Street, N.W. 156th Street, R-30, University Avenue, University Boulevard, Hickman Road, Douglas Parkway, Meredith Drive, Warrior Lane, and other streets as determined, from time to time, by the Council.

b.   For double frontage lots backing to a street other than an arterial, fences up to six feet in height may be permitted, provided a 20-foot setback is preserved in the secondary front yard, and no landscape buffer exists. See figure 11-4-8.3 of this section.

         (4)   Corner Lots. In the case of fences in corner lots, fences not exceeding six feet in height are permitted in the secondary front yard provided a minimum setback of 20 feet from the property line is maintained. See Figure 11-4-8.4 of this section. In the case of corner lots with an arterial street forming the secondary front property line, fences may be permitted up to the property line in the secondary front yard, provided no landscaping buffer exists. Such fences may be up to six feet in height.

         (5)   Ornamental Fence Restrictions. In the following streets, as determined by the Council, from time to time, and in accordance with the Comprehensive Plan, no fences other than three feet high ornamental may be constructed in a front or secondary front yard, regardless of regulations above:

            a.   Boston Parkway, west of N.W. 156th Street to the west corporate limits,

            b.   Berkshire Parkway,

            c.   Devonshire Parkway,

            d.   Westgate Parkway.

         (6)   R-3 and R-4 Districts. Following site plan approval, fences may be constructed within the setback lines determined above, for developments in R-3 and R-4 Zoning Districts.

      D.   Commercial and Industrial Districts. Fences and walls not exceeding eight feet in height are permitted within the limits of any side or rear yard. Fences and walls exceeding eight feet in height require site approval by the Council. Fences may be constructed within the building setback lines for commercial and industrial districts, following site plan approval by the Council.

   4.   Miscellaneous Structures. Permanent uses, including, but not limited to, sport courts, tennis courts, and metal batting cages shall maintain a setback consistent with Subsection 1C of this section (minimum setbacks for accessory structures).

   5.   Domesticated Animal Runs. In residential districts, domesticated animal runs are permitted within the limits of rear yards. A five-foot setback is required from all lot lines and adequate screening (landscaping or opaque fencing) shall be provided to reduce visibility and noise to the adjoining property owners. Pet runs/kennels shall not exceed six feet in height.

   6.   Domesticated Animal Exercise Yard. In commercial or industrial districts, a domesticated animal exercise yard may be constructed adjacent to or as part of the principal structure, may be indoors or outdoors, and need not be climate controlled. Such structures shall not be utilized as the primary enclosure for any animal. If outdoors, such structure shall be screened with solid fencing, eight feet in height, and shall be set back at least 10 feet from any adjacent property.

   7.   Dumpster Enclosures. Dumpster enclosures shall be constructed of permanent materials that are durable and complementary to the principal structure or similarly approved material with a metal framed gate with opaque screening. Adequate landscape screening shall be provided to reduce visibility to the adjoining property owners. Dumpster enclosures shall be required for trash dumpsters, grease bins, and cardboard bins for all uses, except single and duplex and townhome residences.

   8.   Swimming Pools. Swimming pools, hot tubs, and saunas are permitted in any rear or side yard, provided a five-foot setback shall be maintained from all side and rear yard property lines. In addition, regulations in Title 10, Chapter 10 of this Code shall apply.

   9.   Cart Corrals. Cart corrals shall be constructed of permanent materials of a like or similar nature to the principal structure, such as brick, block, poured concrete, ornamental steel, or similarly approved material. Concrete curbing shall define the area of landscaping and cart storage. “Pole” or “tube” type cart corrals are expressly prohibited.

   1.   Storage Areas. Outdoor storage areas, where permitted, shall provide an effective screen, completely obscuring the enclosed material. Adequate landscaping, or walls, shall be provided to reduce visibility to the adjoining property owners and public view. Storage screening shall require site plan approval. Slats in chain-link fencing shall not be deemed an acceptable alternative to privacy fencing.

   2.   Product Display and Vending. Products or items for sale may be placed in outdoor areas with the following criteria:

      A.   Items cannot be placed in any parking stalls or drive lanes,

      B.   Items cannot interfere with site safety, circulation, and visibility,

      C.   Items must be at least 10 feet from all property lines,

      D.   Items must be on a paved surface adjacent to the building,

      E.   Minimum sidewalk width;

         (1)   A minimum aisle width of 48 inches must be maintained if the product display or vending is adjacent to a sidewalk.

         (2)   A minimum aisle width of 72 inches must be maintained if the product display or vending is adjacent to a sidewalk that abuts head-in parking stalls.

   3.   Service Areas. A restaurant or drinking place may utilize an outdoor service area, provided the following conditions are met and a site plan/site plan amendment has been approved:

      A.   Outdoor service area associated with the serving or dispensing of alcohol must maintain a minimum 42-inch tall continuous enclosure with Code compliant pedestrian ingress and egress. Such enclosure shall be constructed of materials chosen for their strength and permanency, as well as compatibility with the principal structure. Proper panic hardware will be required for all exits.

      B.   Minimum sidewalk width.

         (1)   A minimum aisle width of 48 inches must be maintained if the outdoor service area is adjacent to a sidewalk.

         (2)   A minimum aisle width of 72 inches must be maintained if the outdoor service area is adjacent to a sidewalk that abuts head-in parking stalls.

      C.   A restaurant or drinking place shall not be required to provide parking for the first 300 square feet of outdoor service area, provided the following conditions are met:

         (1)   If existing parking stalls are removed for the construction of the outdoor service area, a like number of parking stalls shall be added or compensated for elsewhere on the site.

         (2)   Stated occupancy for the establishment shall not increase as the result of additional outdoor service area, unless required parking as outlined in Section 11-13-8 of this title is provided.

         (3)   Any outdoor service area over the initial 300 square feet shall provide the required parking as outlined in Section 11-13-8 of this title.

   4.   Sound Systems. Commercial establishments using an outdoor sound system shall not place the outdoor sound system within 300 feet of a dwelling or a building that contains a dwelling. Location requirement shall not include equipment utilized for drive-thru transactions. The use of any sound system shall follow the provisions in Title 5 Chapter 8 Noise Control.

   1.   Corner Lots.

      A.   For corner lots, platted and of record at the time of September 30, 1999, the minimum required lot width shall be increased by at least 20 feet so as to allow for the additional required street secondary front yard; i.e., for a minimum required lot width of 60 feet, the minimum width of a corner lot shall be at least 80 feet.

      B.   On corner lots, platted and of record at the time of September 30, 1999, the buildable envelope shall not be required to be reduced to a width less than 28 feet in order to meet the additional lot width required bySection 11-4-10(1)(A).

      C.   On corner lots, platted and of record as of March 1, 1972, the secondary front yard regulations shall apply to the longer street side of the lot except in the case of reversed frontage lots. In the case of reversed frontage, there shall be a secondary front yard of not less than 50 percent of the setback required on lots to the rear, and no accessory building shall project beyond the setback line of the lots in the rear. This regulation shall not be interpreted as to reduce the buildable envelope to a width less than 28 feet.

   2.   Building Lines on Approved Plats. Whenever the plat of a land subdivision, approved by the Council and on record in the office of the County Recorder, shows a setback building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this title, unless specific yard requirements in this title require a greater setback.

   3.   Yard Coverage Area. A maximum of 30 percent of front and side yards shall be impervious. A maximum of 50 percent of rear yards shall be impervious. This shall not prohibit the construction of a permitted driveway to support access to a garage, plus one additional parking stall or required sidewalks and walkways.

   The City recognizes that, in certain instances, some flexibility to allow special events out of the confines of a building can be beneficial to business interests, as well as the consumers and the City alike, provided such events continue to promote the public health, safety, and general welfare. The following special event applications shall require a fee in an amount determined by resolution of the Council.

   1.   Seasonal Sales. “Seasonal sales events” shall be defined as those events that, due to the nature of the product being sold or the time of year that such product is for sale, are best accomplished out of doors, including, but not limited to, temporary or portable greenhouses or similar structure, pumpkin patches, holiday tree farms, etc. Seasonal sales events shall be permitted for two events per year for a maximum duration of 60 days per event, subject to approval by the Community Development Director. Seasonal sales events shall maintain fire and emergency access at all times. Seasonal sales events shall not include the sale of equipment or motor vehicles or the sale or dispensing of alcoholic beverages. The sales of farm produce, or similar, is not permitted within City limits at any time.

   2.   Special Events. Special events held on private property, other than those mentioned above, require a temporary site plan approved by Community Development Director. Such events shall require the appropriate permits, including, but not limited to: noise, outdoor liquor license, and temporary signs. Temporary site plans shall show that the event will not impact the neighboring properties due to noise, congestion, lighting, or additional factors. Temporary site plans shall be submitted on forms supplied by the Community Development Department.

   The City recognizes that certain types of home-based businesses may be conducted without an adverse impact on the residential property or surrounding neighborhood. It is the intent of this section to provide flexibility in conducting a home-based business, provided that the operations of the home-based business do not impact the quality of life or character of the surrounding residential neighborhood.

   1.   Accessory Use. Home occupations shall be permitted as an accessory use in all residential zoning districts subject to compliance with the regulations within this section and any other applicable law. Any permit issued for a home occupation may be summarily revoked for failure to conduct the home occupation in accordance with the standards set forth in this section.

   2.   Classification. Home occupations shall be classified by the Community Development Director as either a Level 1: no impact home occupation, Level 2: minor impact home occupation, or Level 3: major impact home occupation. The distinction between the three levels of home occupations shall be based primarily upon the degree of impact that the home occupation operations may result in on the surrounding residential neighborhood.

   3.   Performance Standards. The classification level shall be determined based on the performance standards below:

      A.   Level 1 No Impact Home Occupation. No permit shall be required for Level 1 home occupation use.

         (1)   The activities associated with the home occupation shall not be visible from an adjacent property, street, or other public area. Outdoor play areas typical to a residential setting associated with childcare shall not be required to construct additional screening or fencing beyond the requirements of Code of Iowa.

         (2)   The home occupation may be conducted within the dwelling, approved accessory building or structure, or within the yards of the property; however, no storage of goods, materials, equipment, trailers, or products connected with the home occupation shall be allowed outdoors.

         (3)   The total number of on-site employees and clients shall not exceed the dwelling occupant load in Section 11-6-10(6) of this title.

         (4)   Deliveries to or from the property shall be limited to the services provided by routine residential carriers.

         (5)   There shall be no signage or window displays.

         (6)   Customer or client interaction occurring at the property shall be limited to between the hours of 8:00 a.m. and 8:00 p.m., Monday through Sunday.

         (7)   Customer or client interaction occurring outside of the dwelling shall be limited to not more than four customers/clients per hour, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

         (8)   Employee parking is provided on-site.

         (9)   Special conditions. The following service-based uses may be considered Level 1 home occupations provided the following standards are met:

            a.   Pet sitting, grooming, or training provided no overnight boarding, no outdoor kenneling, and no more animals on site than permitted bySection 5-7-12 of this Code.

            b.   Daycare services provided through a non-registered child care home as authorized in Section 237A of the Code of Iowa, with hours of operation limited to between 6:00 a.m. and 7:00 p.m., Monday through Friday.

      B.   Level 2 Minor Impact Home Occupation. A permit must be obtained for any Level 2 home occupation prior to commencement of the business activity. An application for permit shall be made on forms provided by the Community Development Department. A fee in an amount determined by resolution of the Council shall accompany such application.

         (1)   The activities associated with the home occupation shall be screened from ground level view from an adjacent property, street, or other public area. Outdoor play areas typical to a residential setting associated with childcare shall not be required to construct additional screening or fencing beyond the requirements of Code of Iowa.

         (2)   The home occupation may be conducted within the dwelling, approved accessory building or structure, or within the yards of the property; however, no storage of goods, materials, equipment, trailers, or products connected with the home occupation shall be allowed outdoors.

         (3)   The total number of on-site employees and clients shall not exceed the dwelling occupant load in Section 11-6-10(6) of this title.

         (4)   Customer or client interaction occurring within the dwelling shall be limited to between the hours of 8:00 a.m. and 8:00 p.m., Monday through Sunday.

         (5)   Customer or client interaction occurring outside of the dwelling shall be limited to not more than four customers/clients per hour, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

         (6)   Deliveries to or from the property shall be limited to the services provided by routine residential carriers.

         (7)   Employee parking is provided on site.

      C.   Level 3 Major Impact Home Occupation. A special use permit shall be obtained by the Board of Adjustment for any Level 3 home occupation prior to commencement of the business activity. An application for special use permit shall be made on forms provided by the Community Development Department. A fee in an amount determined by resolution of the Council shall accompany such application.

         (1)   Any use that exceeds the standards set forth for a Level 2 home occupation shall be considered a Level 3 home occupation.

         (2)   The following uses shall be considered Level 3 home occupations:

            a.   Garage sale reseller.

            b.   Repair and maintenance of automobiles, yard equipment, appliances, and other similar products.

            c.   Pet kenneling or other similar overnight boarding of animals.

            d.   Other similar uses as determined by the Community Development Director.

   4.   General Standards. The following general standards shall apply to all home occupations:

      A.   Home occupation permits are valid only for the applicant and use approved, and are not transferable.

      B.   No dwelling shall be built, altered, furnished, or decorated for the purpose of conducting the home occupation in such a manner that would change the residential character and appearance of the building, or in such a manner as to cause the structure to be recognized as a place where a business is conducted.

      C.   There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, noise, or other nuisances that disturb the health, safety, and general welfare of the citizens of the City.

      D.   No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio, television receiver or device outside the dwelling unit structure, or causes fluctuations in the line voltage outside the dwelling unit structure.

      E.   The home occupation shall not generate vehicular traffic or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood and thus becomes objectionable to the neighboring residents.

      F.   A home occupation permit shall not be required for garage sale events, provided that the number of garage sale events do not exceed two events per year for a maximum duration of three consecutive days per event.

      G.   Home occupation signage shall be restricted to a maximum of two square feet of sign area.

      H.   Noise generated by the home occupation should not exceed 65 dB between the hours of 7:00 a.m. and 10:00 p.m., and 55 dB between the hours of 10:00 p.m. and 7:00 a.m., when measured from the adjoining property line.

      I.   All home occupation uses shall be registered, licensed, and operated in compliance with all federal, State, or County regulations.

      J.   Failure to comply with any of the requirements in, or conditions of approval of, a special use permit may result in revocation of the home occupation permit.

   1.   Purpose. The purpose of this section is to establish general guidelines for the siting of communication equipment and communication towers. The goal of this section is to encourage the location of communication towers and equipment in areas of the City which would be least adversely impacted by the visual, aesthetic, and safety implications of their siting; minimize the total number of communication towers throughout the City; strongly encourage the joint use of new and existing tower sites; and enhance the ability of the providers of telecommunication services to provide such services to the community quickly, efficiently, and effectively.

   2.   City Policies and Criteria. The Telecommunications Act of 1996 prohibits the City from establishing policies that discriminate against one or a group of telecommunication providers in favor of another group of providers or potential group of providers. The following criteria will be applied consistently to all telecommunication providers that request a permit:

      A.   Communication Equipment. Communication equipment shall be permitted in any residential, commercial, or manufacturing district. Communication equipment shall:

         (1)   Be screened from adjoining properties by the use of landscape plantings, screen fences, walls, or parapet extensions when located on a building. The City is aware of the operating needs of these types of structures and acknowledges that it may be impossible to totally screen communication equipment or a tower; however, every effort must be made by the communication equipment owner to minimize visual impact of the communication equipment on surrounding properties.

         (2)   Communication equipment larger than 36 inches in diameter shall be permitted in rear yards only and is permitted a maximum height of 12 feet. Such communication equipment must be set back at least five feet from all rear and side property lines.

         (3)   Communication towers, including television antennas and amateur radio antennas, not used for commercial purposes, may be utilized in residential districts, provided they do not exceed 10 feet above the height limit determined for principal structures in the applicable district and are at least one-half the total height of the tower from any lot lines. Total height shall be measured as the distance from the average grade at the base of the supporting structure to the top of the highest point of the tower, including beacons and antennas.

      B.   Towers Permitted in Certain Districts; Site Plan. Communication towers shall be permitted in any C-5, M-1, M-2 Zoning Districts and City-owned property. A site plan, consistent with the requirements as outlined in the Clive Development Standards Manual, shall be required for all new communication tower and equipment facilities, expansion of existing facilities, or major modifications of existing facilities.

      C.   Required Information. In addition to site plan requirements as set forth herein, the following information must be provided for review of a communication equipment development request:

         (1)   Map showing the location of the applicant’s proposed facility and any existing facilities within three miles of the proposed site location.

         (2)   Report from a structural engineer showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANS/EIA/TIA 222, latest revision standards.

         (3)   Evidence that a valid FCC license for the proposed activity has been issued.

         (4)   A written agreement signed by the communication facility owner and property owner to remove the tower, foundation, and any other accessory equipment within 60 days after abandonment. As used herein, the term “abandonment” means a communication tower that is not used for its intended and approved purpose for more than 180 days.

         (5)   Establish that the use of and frequencies emitted from the tower and equipment will not interfere with the transmissions of law enforcement, fire, emergency response, public works, or other service agencies.

         (6)   Additional information, as required, to determine that all applicable zoning and siting regulations are met.

      D.   Tower and Equipment Standards. Communication towers and equipment shall meet the following design standards:

         (1)   Communication towers shall be set back from all property lines and all other principal structures a distance of not less than one-half of the tower height, unless a tower is adjacent to a residential district or City park, in which case the tower shall be set back a distance of not less than the full tower height.

         (2)   Communication towers shall have a maximum height of 60 feet in any permitted zoning district.

         (3)   Communication towers shall be painted a non-contrasting gray or similar color, minimizing its visibility, unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration.

         (4)   Lights and signage shall not be permitted on any tower unless specifically required and permitted by the Federal Communications Commission, Federal Aviation Authority, and the City.

         (5)   Security fencing eight feet in height shall surround the communication tower, equipment structure, and any guywires.

         (6)   Communication tower equipment enclosures and accessory structures shall be designed with architectural compatibility with the surrounding built environment.

         (7)   Communication facilities mounted to a building wall shall be painted to blend with the color and materials of the surface to which it is attached. All wiring and accessory equipment shall be concealed from view. Communication facilities located above the roof of the structure shall be appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the City.

      E.   Number of Towers Limited. In order to minimize the overall number of towers within the City, providers can be required to collocate and enter into collocation agreements.

         (1)   All new communication towers, and any preexisting communication towers, owned by a licensed carrier, upon which this section permits collocation of additional communication facilities, shall be made available for use by the owner or initial user thereof, together with as many other licensed carriers as can be technically collocated thereon. However, nothing in this section shall prevent such licensed carriers from charging a reasonable fee for the collocation of additional communication facilities upon said tower which does not exceed the fair market value for the space occupied.

         (2)   All licensed carriers shall cooperate with each other in collocating additional communication facilities upon such towers. All licensed carriers shall exercise in good faith in collocating with other licensed carriers and in the sharing of towers, including technical information to evaluate the feasibility of collocation. This covenant of good faith and fair dealing shall be a condition of any permit issued pursuant to this section for a new communication tower.

      F.   Compliance with Federal Regulations. Communication towers and equipment shall meet or exceed the current standards and regulations of the Federal Aviation Administration, and any other agency of the federal government with the authority to regulate communication towers and equipment.

   3.   Review of Application by Technical Expert. The Community Development Director is authorized to submit a communication equipment development application to an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section. The applicant shall pay all reasonable costs of said review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City, or the technical expert hired, shall remain confidential and shall not be disclosed to any third party.

   1.   Formation. A subdivision association may be formed to perform services for the development as a whole, per the requirements Chapter 504 of the Code of Iowa.

   2.   Registration. All subdivision associations within the City shall register on forms provided by the Community Development Department.

   3.   Covenants; Requirements of Association.

      A.   In accordance with covenants formed by such associations, provisions shall provide for the maintenance of uses and structures including, but not limited to:

         (1)   Walls and fences;

         (2)   Structures, such as gatehouses and decorative fountains;

         (3)   Directional signs and signs identifying the development, provided such signs conform to provisions outlined in Chapter 12 “Signs” of this title;

         (4)   Monuments;

         (5)   Underground irrigation;

         (6)   Hedges, shrubs and trees;

         (7)   Berms and buffers;

         (8)   Private streets; and private utilities;

         (9)   Stormwater management facilities.

      B.   If any structure or use outlined above becomes in a state of disrepair as determined by the City, the City may require improvement of the condition of the structure or use. If the structure or use is not improved, then such use shall be construed as a site plan violation and enforced as such.

   4.   Responsibilities. Provisions set forth in the covenant shall become the responsibility of the subdivision association when 70 percent of the lots are developed, unless otherwise stated in the agreement.

   No sale of alcoholic beverages shall be made from a drive-through window in any zoning district classification in the City.

   In adopting the zoning ordinance, it is recognized that adult entertainment facilities have certain objectionable side effects which render these facilities incompatible with residential, public, and other family uses, when the adult facilities are located close to or adjacent to such uses. This section seeks to ensure that residential, public, family-orientated business, and adult entertainment facilities will be located in separate and compatible locations. It is a subject of legitimate concern for the City to use its zoning power to preserve the quality of life, preserve the City’s neighborhoods, and to meet effectively the increasing encroachments upon the quality of life within the City.

   1.   Location. No person, whether as principal or agent, clerk, or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place, maintain, own, or operate any adult bookstore, adult movie theater, adult nightclub, adult motel, or adult business in the following locations:

      A.   In any zoning district other than C-2 Commercial, M-1 Light Industrial, and M-2 Heavy Industrial.

      B.   Within 1,000 feet of any residentially zoned or used property, or any property designated on the City’s Comprehensive Plan as residentially orientated.

      C.   Within 1,000 feet of any parcel of real property upon which is located any of the following facilities:

         (1)   A children’s daycare, nursery school, preschool, elementary school, junior high school, senior high school.

         (2)   A church which conducts religious programs.

         (3)   Park or recreational facilities operated and improved by the City, Polk or Dallas County, the Polk or Dallas County Conservation Board or the State.

         (4)   Federal, State, County, City, or special district governmental offices.

         (5)   Supermarket or convenience store.

         (6)   Restaurant, fast food, or food establishment catering to family trade.

      D.   Within 1,000 feet of any other adult entertainment facility.

   2.   Measurement of Distance. The distance between any two adult entertainment facilities shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment facilities and any religious institution, school, or public park, governmental office, supermarket, restaurant, or any property designated for residential use or used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment facility to the closest property line of the religious institution, school, public park, government office, supermarket, restaurant, or the property designated for residential use or used for residential purposes.

   3.   Restrictions. All building openings, entries, windows, etc., shall be located, covered, or screened in such a manner to prevent a view into the interior from public or semipublic area; and for construction, and whenever else it seems feasible by the City, the building shall be orientated so as to minimize any possibility of viewing the interior from public or semipublic areas. Adult material advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks, or walkways, or from other areas, public or semipublic. In this case, “adult material” shall be defined as material describing or depicting any “specified sexual activity” or “specified anatomical areas”, as defined in this title.

   1.   Height. The building height limitations of this title shall be modified as follows:

      A.   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, communication towers or necessary mechanical appurtenances may be erected to a height in excess of the building height limit for any district upon the issuance of a special use permit by the Board of Adjustment as provided in Chapter 3 of this title.

      B.   Public, semipublic, or public service buildings, hospitals, or schools, when permitted in a district, may be erected to a height not exceeding 60 feet. Churches and temples, when permitted in a district, may be erected to a height not exceeding 75 feet. In addition to the minimum yard requirements, the building setback from each property line shall be at least one foot, for each two feet of additional building height above the height limit otherwise provided in the district in which the building is constructed. Any zoning districts without a maximum building height shall utilize 60 feet as the permitted height limit for calculating additional setback.

   2.   Other Exceptions to Yard Requirement. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except:

      A.   A permitted accessory building or structure.

      B.   Ordinary projections not to exceed 36 inches include;

         (1)   Roof overhangs;

         (2)   Fireplace chases;

         (3)   Bay windows;

         (4)   Awnings and canopies.

      C.   Unenclosed fuel island canopies may extend from the minimum building setback line into any required yard, but not to exceed 10 feet into that yard.

   3.   Front Yard; Exceptions. In areas where some lots have been developed with a front yard less than the minimum required for the district by this title, or where some lots have been developed with a front yard greater than required by this title, the following rule shall apply. Any new building, or addition in front of the existing building, shall not be closer to the street right-of-way than the average of the front yards for the first buildings on either side of the new building or addition, except as follows:

      A.   Buildings located entirely on the rear half of a lot shall not be counted.

      B.   No building shall be required to have a front yard greater than 50 feet, except between Harbach Boulevard and Franklin Avenue on the east side of N.W. 86th Street, where no building shall be required to have a front yard greater than 65 feet.

      C.   If no building exists on one side of a lot within 200 feet of the lot in question, the minimum front yard shall be the same as the front yard for the building on the other side.

   4.   Rear Yard; Exceptions. Detached single-family dwelling units shall be permitted up to twenty feet (20’) of the dwelling to be constructed at a twenty-five foot (25’) rear yard setback. The twenty feet (20’) shall be measured linearly along the plane of the dwelling’s rear façade.

   1.   Site Plan Approval. Prior to the issuance of a certificate of zoning compliance or building permit for an automobile sales and display and equipment sales and display uses, a site plan for the property and proposed use shall be approved.

   2.   Restrictions. In addition to all other requirements of this title, the following additional restrictions for automobile sales and display and equipment sales and display uses shall apply and be reviewed during the site plan review process:

      A.   The property must be a minimum of one acre in size.

      B.   The property must maintain a minimum of 25 percent open space.

      C.   The property must maintain a minimum 2,000 gross square foot building dedicated to the office and service needs of the operations.

      D.   The property must contain a parking lot capable of displaying a minimum of 15 vehicles, in addition to the required employee/customer parking for the building.

      E.   The vehicle display parking areas must maintain a 15-foot setback from the property line.

      F.   The display of vehicles shall only occur within the parking lot and other display areas specifically approved on the site plan.

      G.   The property will be compliant with all other provisions of the current zoning ordinance prior to occupancy, unless specific deferments are approved during the site plan approval process.

      H.   Additional provisions listed in Chapter 11-13-5(12) of this title.

   1.   Purpose. The purpose of this section is to establish general guidelines for the location and operation of wind and solar energy systems and associated equipment. The intent of this section is to balance the need for clean, renewable energy with the necessity to protect the health, safety, and general welfare of the community. The City finds these regulations are necessary to ensure that renewable energy systems are appropriately designed, sited, and installed.

   2.   General Regulations.

      A.   Restriction on Use of Electricity Generated. Energy generated by renewable energy systems shall be used exclusively to supply electrical power for on-site consumption, except that when a parcel on which a renewable energy system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance to State and local utility company requirements.

      B.   Interconnection. The renewable energy systems shall meet the requirements for interconnection and operations as set forth by MidAmerican Energy and the Iowa Utilities Board. No building permits shall be issued until the applicant has provided a copy of an executed interconnection agreement. Off-grid systems shall be exempt from this requirement.

      C.   Lighting. Lights shall not be permitted on any renewable energy system unless specifically required and permitted by the Federal Aviation Authority or other federal or State agencies, and the City.

      D.   Signage. No advertising or signage other than required safety signage and equipment labels shall be permitted on any renewable energy system. No temporary signage shall be permitted to be mounted or otherwise affixed to any renewable energy system. One sign, limited to four square feet, shall be posted at or near the base of any ground-mounted solar energy system or any wind energy system. The sign shall include a notice of no trespassing, a warning of high voltage (if applicable), and the phone number of the property owner/operator to call in case of emergency.

      E.   Maintenance. Facilities shall be well maintained in an operational condition that poses no potential safety hazard. Should the renewable energy system fall into disrepair and be in such dilapidated condition that it poses a safety hazard or would be considered generally offensive to the senses of the general public, the system may be deemed a public nuisance and may be abated in accordance with Title 5 Chapter 6 of this Code.

      F.   Noise. No renewable energy system shall emit sound exceeding the requirements established in Title 5 Chapter 8 of this Code.

      G.   Electromagnetic Interference. All renewable energy systems shall be designed and constructed so as not to cause radio and television interference. If it is determined that the system is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference, including relocation or removal of the facilities, subject to the approval of the appropriate City authority. A permit granting a renewable energy system may be revoked if electromagnetic interference from the system becomes evident.

      H.   Removal. If the renewable energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned. The owner/operator shall remove the abandoned system at their expense. Removal of the system includes the entire structure, collector panels, and related equipment from the property. Should the owner/operator fail to remove the renewable energy system, the system will be considered a public nuisance and will be abated in accordance with Title 5 Chapter 6 of this Code.

      I.   Nonconforming Systems. A renewable energy system that has been installed on or before the effective date of this section, is in active use, and does not comply with any or all of the provisions of this section shall be considered a legal nonconforming structure and will be regulated by the provisions noted in Section 11-4-3 of this title.

   3.   Wind Energy Systems. The following criteria will be applied consistently to all small Wind Energy Conversion System (SWECS) providers that request a permit:

      A.   Special Use Permit Requirements. An SWECS shall only be allowed as an accessory structure to a permitted principal use and shall require special use permit approval from the Board of Adjustment prior to construction, installation, and operation. As a condition of approval of the special use permit, the applicant shall execute an SWECS operations agreement which shall be recorded by the appropriate County Recorder’s office. The agreement will memorialize the responsibilities of the property owner and allow the City to access the property in order to remove the SWECS, if the property owner does not comply with this section. The Board of Adjustment may review the issuance of a special use permit, at any time, if a previously approved system does not comply with the rules set forth in this section or the conditions imposed by the Board of Adjustment. The owner/operator of the SWECS shall obtain all other permits required by federal, State, and local agencies prior to construction and operation of the system.

      B.   Construction Permits. Applications for the construction of an SWECS shall be accompanied by standard drawings of the wind turbine, including the tower, base, and footings. An engineering analysis, certified by a State licensed professional engineer, shall be provided demonstrating that the tower is compliant with the applicable Building Code. For roof-mounted structures, an engineering analysis, certified by an State licensed professional engineer, shall be provided demonstrating that the mounting method is compliant with the applicable Building Code. Applications shall also be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the Electrical Code. All electrical components must be listed as meeting Code recognized test standards.

      C.   Bulk Regulations.

         (1)   Minimum Lot Size. Minimum lot size for a tower-mounted SWECS or building-mounted SWECS shall be one acre.

         (2)   Setback Requirements.

            a.   Tower-mounted SWECS shall be set back from all property lines a distance of at least 150 percent of the wind energy system (WES) total height.

            b.   Building-mounted SWECS shall be set back in accordance with the applicable building setback requirement for the zoning district. In no case shall a building-mounted SWECS be located closer than 15 feet from a property line.

         (3)   Maximum Height.

            a.   Tower-mounted SWECS shall have a maximum WES total height of 60 feet for all lots.

            b.   Building-mounted SWECS may be a maximum of 10 feet higher than the primary point of attachment to the building on which they are attached.

         (4)   Number of Systems Allowed.

            a.   No more than one SWECS may be installed on any parcel zoned R-1, R-2, R-5, or TC-2.

            b.   No more than two SWECS may be installed on any parcel zoned C-1, C-2, C-3, C-4, C-5, M-1, M-2, TC-1, TC-3, or T3,-4.

            c.   Building-mounted SWECS shall be prohibited on any parcel zoned R-1, R-2, or R-5.

         (5)   Location.

            a.   Tower-mounted SWECS shall be located entirely in the rear yard on any parcel.

            b.   No part of an SWECS shall be located within or over a drainage, utility, or other established easement, parking, driveway, sidewalk, or on or over property lines.

      D.   Tower and Equipment Standards. SWECS and associated equipment shall meet the following design standards:

         (1)   Only monopole towers shall be permitted for tower-mounted SWECS.

         Lattice, guyed, or towers of any other type shall not be permitted. The monopole tower must be designed to prevent climbing within the first 10 feet.

         (2)   The SWECS shall be painted a non-contrasting gray/sky blue or similar color that would minimize its visibility, unless otherwise required by the Federal Aviation Administration. The surface shall be nonreflective.

         (3)   A privacy screen fence eight feet in height shall surround the SWECS and any equipment structure in commercially or industrially zoned properties. A six-foot privacy fence enclosing the rear yard of a residentially zoned property shall be deemed appropriate to address this provision.

         (4)   All SWECS shall be equipped with manual and automatic overspeed controls to limit the blade rotation speed to within the design limits of the wind energy conversion system. The control system shall be capable of stopping all turbine rotation in the event of a power outage in order to prevent back feeding of the electrical grid.

         (5)   No SWECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. If it is determined that the SWECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the City.

         (6)   The enactment of this section does not constitute the granting of an easement by the City. The owner/operator shall obtain covenants, easements, or similar documentation to assure sufficient wind to operate the SWECS. unless adequate accessibility to the wind is provided by the site.

         (7)   No SWECS shall be installed and operated in a manner that causes a shadow flicker to fall on any occupied adjacent structure.

      E.   Owner Responsibilities.

         (1)   The property owner of any SWECS shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system.

         (2)   At least every 24 months, every tower mounted SWECS shall be inspected by an expert who is regularly involved in the maintenance, inspection, or erection of towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection checklist provided in the Electronics Industries Association (EIA) Standard 222, “Structural Standards for Steel Antenna Towers and Antenna Support Structures ” Inspection record shall provide verifiable proof of ongoing energy production. A copy of the inspection record shall be provided to the City.

         Any SWECS that is not operated for a continuous period of 180 days shall be considered abandoned and shall be removed within 30 days. Removal of the system includes the entire structure including foundations, transmission equipment, and fencing from the property. If the abandoned SWECS is not removed in the specified amount of time, the City may remove it and recover its costs from the property owner.

         Operation of a wind energy system includes, but is not limited to, the actual production of measurable energy. Wind energy systems that function mechanically, but no longer produce energy, shall be considered abandoned.

         (3)   The owner/operator of a wind energy conversion system must demonstrate adequate liability insurance. Upon the granting of a permit, applicant shall assume full responsibility for any and all damages, claims, expenses, liabilities, judgments, and costs of any kind, including reasonable attorney fees related to or caused by the erection, location, use, or removal of a facility, whether on public or private property, and shall agree to hold the City harmless, indemnify and defend it from all such liabilities incurred or judgments entered against it as a result of the erection, location, use, or removal of the facility.

   4.   Solar Energy Systems. No Solar Energy Systems (SES) shall be installed within the City without first obtaining a building permit. The following criteria will be applied consistently to all solar energy system providers that request a permit:

      A.   Engineer Certification. Applications for any SES shall be accompanied by standard drawings of the receiving structure, if newly constructed, including the supporting frame and footings. For systems to be mounted on existing buildings, an engineering analysis showing sufficient structural capacity of the receiving structure to support the SES per the applicable code regulations, certified by an State licensed professional engineer shall be submitted.

      B.   Color. The SES shall be a neutral color. All surfaces shall be nonreflective to minimize glare that could affect adjacent or nearby properties. Measures to minimize nuisance glare may be required, including modifying the surface material, placement, or orientation of the system, and if necessary, adding screening to block glare.

      C.   Building integrated and building mounted systems shall be allowed in all zoning districts.

         (1)   Location. Placement of building integrated SES and building-mounted SES systems shall adhere to all local fire and building code regulations.

         (2)   Height.

            a.   The collector panel surface and mounting system shall not extend higher than 18 inches above the roof surface of a sloped roof.

            b.   For building-mounted SES, the collector panel must match roof slope whenever possible. For building integrated SES, the collector panel shall maintain a uniform profile or surface with the building’s vertical walls, window openings, and roofing.

         (3)   Design. The SES shall be designed to minimize their visual presence to surrounding properties and public rights-of-way. Panel arrangement shall take in account the proportion of the roof surface and place the panels in a consistent manner without gaps, unless necessary to accommodate vents, skylights, or equipment.

      D.   Ground-mounted systems shall not be allowed in Zoning Districts R-1, R-2, R-4, R-5. In no case shall a ground-mounted SES be installed on a lot developed with a single-family residence.

         (1)   Special Use Permit Requirements. An SES shall only be allowed as an accessory structure to a permitted principal use and shall require special use permit approval from the Board of Adjustment prior to construction, installation, and operation.

As a condition of approval of the special use permit, the applicant shall execute an SES operations agreement, which shall be recorded by the appropriate County Recorder’s office. The agreement will memorialize the responsibilities of the property owner and allow the City to access the property in order to remove the SES if the property owner does not comply with this section.

The Board of Adjustment may review the issuance of a special use permit, at any time, if a previously approved system does not comply with the rules set forth in this section or the conditions imposed by the Board of Adjustment. The owner/operator of the SES shall obtain all other permits required by federal, State, and local agencies prior to construction and operation of the system.

         (2)   Bulk Regulations.

            a.   Height. Maximum height of the ground mounted SES shall not exceed 10 feet in height as measured from existing grade.

            b.   Size. Ground- mounted SES are restricted in size to no more than 50 percent of the area of the primary structure(s) footprint. Size of the SES is calculated by measuring the total surface area of the collector panels for the system.

            c.   Location. Ground-mounted SES units shall be located in side and rear yards only. SES units shall be setback 10 feet from side and rear property lines.

   It is recognized that pawnbrokers and delayed deposit service facilities have certain objectionable side effects which render these facilities incompatible with residential, public, and family uses, when located close to or adjacent to such uses. This section seeks to ensure that pawnbrokers and delayed deposit services will be located in separate and compatible locations from residential, public, and family uses. It is a subject of legitimate concern for the City to use its zoning power to preserve the quality of life and protect the property values and economic vitality of its neighborhoods.

   1.   Location. No person, whether as principal or agent, clerk, or employee, either themself or any other person, or as an officer of any corporation, or otherwise, shall place, maintain, own, or operate any pawnbroker or delayed deposit service business in the following locations:

      A.   In any zoning district other than C-2 Commercial, M-1 Light Industrial, and M-2 Heavy Industrial.

      B.   Within 1,000 feet of any residentially zoned or used property, or any property designated on the City’s Comprehensive Plan as residential oriented.

      C.   Within 1,000 feet of any parcel of real property upon which is located, any of the following facilities:

         (1)   A children’s daycare, nursery school, preschool, elementary school, junior high school, senior high school.

         (2)   A church which conducts religious programs.

         (3)   Park or recreational facilities operated and improved by the City, Polk or Dallas County, the Polk or Dallas County Conservation Board, or the State.

         (4)   Within 1,000 feet of any adult-oriented business, pawnbroker, or delayed deposit service facility.

   2.   Measurement of Distance. The distance between any two adult-oriented businesses, pawnbroker, or delayed deposit service facilities shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any pawnbroker or delayed deposit service facilities and any daycare, school, church, public park, or any property designated for residential use, or used for residential purposes, shall be measured in a straight line, without regard to intervening structures, from the closest property line of the pawnbroker or delayed deposit service facility to the closest property line of any daycare, school, church, public park, or any property designated for residential use or used for residential purposes.

   3.   Restrictions. Visibility into the store shall be maintained by utilizing clear, transparent glass on all windows and doors, and by keeping all windows free of obstructions for at least three feet into the store. Product may be displayed for sale in the window provided that the display, including signage, does not occupy more than 30 percent of the window area. Interior and exterior bars, grills, mesh, or similar obstructions, whether permanently or temporarily affixed, shall not cover any exterior door or window.

   1.   Accessory dwelling units shall be permitted as an accessory use on lots with a principal single-family dwelling, duplex dwelling, or townhome dwelling in all residential zoning districts subject to compliance with regulations within this title and any other applicable law.

   2.   Construction of an accessory dwelling unit requires a permit and a fee in an amount determined, from time to time, by resolution of the Council.

   3.   Accessory dwelling units shall comply with the following:

      A.   Quantity. No lots shall contain more than 1 accessory dwelling unit.

      B.   Dimension Regulations. Accessory dwelling units shall comply with the same dimension requirements as applicable to the principal dwelling in Section 11-6-7 of this title. Notwithstanding the foregoing, detached accessory dwelling units may be constructed in conformance with all of the requirements in this title applicable to an accessory building.

      C.   Density. Accessory dwelling units shall not be counted in density calculations or limits on total dwelling units.

      D.   Accessory Dwelling Unit Floor Area. The floor area of an accessory dwelling unit shall not exceed 1,000 square feet or 50% of the above grade total living area of the principal dwelling unit, whichever is larger.

      E.   Dwelling Occupant Load. The maximum permitted occupant load within an accessory dwelling unit shall be calculated in conformance with Section 11-6-10(6)-(7) of this title.

      F.   Architectural Standards. Accessory dwelling units shall have the same architectural standards as required for the principal dwelling on the same lot.

      G.   Building Regulations. To ensure adequate consideration of life, safety, and general welfare, accessory dwelling units shall meet the following requirements:

         (1)   Detached accessory dwelling units shall be constructed in conformance with all provisions of Section 10-1 Building Code applicable to a one-family dwelling.

         (2)   Attached accessory dwelling units shall be constructed in conformance with all provisions of Section 10-1 Building Code to a two-family dwelling.

      H.   Flood Control. Accessory dwelling units shall be subject to the requirements of Section 11-11 Flood Control.