(a)

The purpose of these supplemental use standards is to provide more specific standards for certain uses for which site development and design standards are necessary to ensure that they will be compatible with surrounding uses, have minimal impact on the environment, and promote the health, safety, and welfare of the city.

(b)

These standards shall apply to specific uses in all zoning districts and shall be enforced by the community development department.

(c)

Any use that is regulated by this section and is authorized in a zoning district shall be developed in conformance with the applicable supplemental use standards.

Accessory uses and structures.

Adult entertainment uses.

Amateur radio antenna.

Amusement arcade; amusement theme park, commercial recreation.

Animal shelter and kennels.

Automobile, boat, RV sales (new and pre-owned).

Bed and breakfast lodging.

Car washes.

Cemeteries, human and pet.

Clubs, lodges and similar noncommercial associations.

Communication tower/facility.

Concentrated animal feedlot operations.

Continuing care retirement community or adult congregate care living facilities.

Day care/child care center.

Distance requirements for alcoholic beverage sales.

Drive-through facilities.

Dwelling, live-work.

Dwelling, loft.

Dwelling, two-family (duplex) in R-12 zoning district.

Fences, walls and hedges.

Flea market.

Gasoline service station with or without convenience store.

Golf courses and country clubs.

Halfway house/homeless shelter/drug treatment facility.

Home occupation.

Ice vending machines.

Indoor gun range.

Outdoor gun range (municipal).

Industrialized buildings (modular homes) (residential).

Industrialized buildings (nonresidential).

Internet cafes or similar use relating to online gambling.

Kennel, pet boarding.

Landfill, inert waste.

Landfills, solid waste.

Livestock in residential districts.

Manufactured homes/mobile home.

Manufactured home park.

Mobile vendors.

Outdoor storage in residential and commercial districts.

Parking garages.

Portable on demand storage units (PODs).

Recreational vehicle parks and campgrounds.

Religious facilities and related uses.

Riding stables.

Salvage yard, junk yard.

Satellite dish antennas.

Schools, K—12, private.

Scrap, waste and recycling operations.

Store front religious facilities.

Swimming pools, spas and hot tubs.

Temporary uses, including special events and structures.

Trash and refuse areas.

Utility substation.

Veterinary services/animal hospitals in residential districts/kennels, pet boarding.

(Code 1993, pt. III, ch. 7, intro.)

(a)

Accessory use units.

(1)

No accessory uses and structures shall be constructed or placed on any lot unless there exists a permitted principal use on the parcel, located in full compliance with all standards and requirements of this chapter.

(2)

The principal permitted use on the property shall be owner-occupied, unless written permission from the land owner is obtained. This unit shall be used for personal storage only.

(3)

Accessory uses and structures shall not be located in any required front yard and shall only be permitted in side and rear yards, subject to minimum five feet side and rear setbacks from the property line. On corner lots the side setback shall be ten feet.

(4)

There shall not be less than five feet separation between each accessory use unit/structure and the principal building, but has to be in compliance with minimum fire code.

(5)

In a residential district the height of an accessory use unit/structure shall not exceed the height of the principal structure and the footprint of an accessory use and structure shall not exceed 50 percent of the footprint of the principal structure and 35 percent of the maximum permitted building area of the entire lot.

(6)

No more than two detached accessory use structures on a lot.

(7)

Accessory uses units and structures shall be included in all calculations of impervious surface and stormwater runoff.

(8)

A permit shall be required prior to any accessory use units being built or placed on any lot within the city limits. It shall be unlawful to build or place an accessory unit on any lot within the city, without a permit. Failure to obtain a permit shall be punishable as set forth in section 1-11 and/or paying double the permit fee.

(b)

Accessory dwelling units.

(1)

No accessory dwelling unit(s) uses and structures shall be constructed or placed on any lot unless there exists a permitted principal use on the parcel, located in full compliance with all standards and requirements of this chapter.

(2)

In a residential district the height of an accessory dwelling unit(s) and structure shall not exceed the height of the principal structure and the footprint of an accessory use and structure shall not exceed 50 percent of the footprint of the principal structure and 35 percent of the maximum permitted building area of the entire lot.

(3)

The architectural design and materials shall be consistent with the principal structure, neighborhood and use conventional/historical residential windows and doors.

(4)

Accessory uses and structures and detached accessory dwelling units shall be included in all calculations of impervious surface and stormwater runoff.

(5)

There shall not be less than 15 feet separation between an accessory dwelling unit/structure, accessory use unit and the principal building. Each accessory dwelling unit must be in compliance with all applicable codes.

(6)

An accessory dwelling unit house cannot be a manufactured home or a product (storage building, shipping container, tiny house).

(7)

No more than one detached accessory dwelling unit on a lot.

(8)

An accessory dwelling unit may be in the same building or separate building from the primary dwelling unit.

(9)

A permit shall be required prior to any accessory dwelling units being built or placed on any lot within the city limits. It shall be unlawful to build or place an accessory dwelling unit on any lot within the city, without a permit. Failure to obtain a permit shall be punishable as set forth in section 1-11 and/or paying double the permit fee.

(Code 1993, pt. III, ch. 7, § 1; Ord. No. 12112023-2, 12-11-2023)

(a)

Adult business premises regulations.

(1)

All adult materials shall be located, and the activities of employees which include the exposure of specified anatomical areas shall take place, within the adult business premises.

(2)

No adult materials or activities of employees which include the exposure of specified anatomical areas shall be visible from the exterior of the adult business premises in any way, including, but not limited to, exterior apertures such as opened doors and unobscured windows.

(3)

No merchandise, advertising or depictions of the activities of an adult business shall be displayed on the exterior of the adult business premises or in any location where they are visible from public rights-of-way.

(4)

No adult business shall display a sign:

a.

Advertising the presentation of any activity prohibited by state statute law or any applicable city ordinance.

b.

Capable of leading a reasonable person to believe that the establishment engages in an activity prohibited by state statutes law or any applicable city ordinance.

(5)

Additional landscaping shall be provided adjacent to public right-of-way and adjacent to private property:

a.

A landscaped strip at least five feet wide shall be provided along the boundary of adjacent public rights-of-way between the right-of-way and all on-site parking areas and other vehicular use areas to consist of one tree every 50 feet or portion thereof and a fence, wall or hedge not less than four feet in height at planting; and

b.

An opaque fence, wall or hedge shall be provided along the boundary of adjacent private property of a height of not less than four feet and more than eight feet at planting.

(b)

Distance requirements.

(1)

No adult business shall commence operation within 1,000 feet of the R-15, R-12, R-M, R-I and R-P residential zoning districts.

(2)

No adult business shall commence operation within 1,000 feet of any other adult entertainment establishment.

(3)

No adult business shall commence operation within 1,000 feet of any church or school.

(4)

No adult business shall commence operation within 250 feet from the nearest right-of-way line of US 441, Peterson Avenue, Madison Avenue, Ward Street and Ashley Street.

(c)

Prohibited activities.

(1)

It shall be unlawful for an employee of an adult business to engage in specified sexual activities within the adult business premises in the presence of a patron or spectator of the business or for any form of compensation.

(2)

It shall be unlawful for an employee of an adult business to physically touch a patron or spectator of an adult business while simultaneously revealing specified anatomical areas.

(d)

Amortization of nonconforming adult businesses.

(1)

An adult business in violation of the location or distancing requirements of this section at the time of its enactment on February 28, 2011, shall be deemed a nonconforming use which may remain in operation until February 28, 2014. No such nonconforming uses shall continue to operate as an adult business after February 28, 2014, except in compliance with the requirements of this section.

(2)

If any nonconforming adult business ceases to do business for a continuous period of six months, it shall be deemed abandoned and shall not thereafter re-open except in conformance with these regulations.

(Code 1993, pt. III, ch. 7, § 2)

(a)

No such antenna structure, including any support upon which it may be constructed, shall exceed a combined height of 50 feet.

(b)

Amateur radio service antenna structures exceeding 50 feet in height shall be permitted only by the zoning board of appeals subject to all variance requirements of this chapter.

(c)

Amateur radio service antenna shall be located a distance of at least one-half the height of the tower (antenna) from all property lines.

(Code 1993, pt. III, ch. 7, § 3)

An outdoor recreation facility consisting of amusement rides, games, water slides, amusement vehicles, golf driving ranges, miniature golf, batting cages, water slides or any similar commercial outdoor recreation shall be limited as follows:

(1)

The minimum lot size shall be five acres.

(2)

The maximum lot size shall be 15 acres.

(3)

All such facilities must be enclosed within an eight-foot-high fence with unpierced gates that are to be locked, except when the facility is open to the public.

(4)

Outdoor activities are limited to the hours from 10:00 a.m. to 10:00 p.m.

(5)

A site plan shall be required in accordance with this chapter to indicate entrances and exits, type location and height of recreation facilities, buildings and other structures and lights, parking areas, landscaping, buffers and drainage. The site plan shall also illustrate surrounding property uses and the location of the nearest residence.

(6)

Lighting must be designed to direct light downward and away from adjacent properties.

(7)

An environmental acoustical study shall be submitted to the community development director as part of the site plan approval. It shall identify and analyze all sources of noise emanating from the site, including outdoor speakers, sound effects or sound systems as well as rides, vehicles, and mechanical equipment. Noise levels shall not exceed 65 decibels, dBA measured at the property lines.

(8)

A 100 foot buffer shall be maintained adjacent to all abutting residentially zoned property.

(Code 1993, pt. III, ch. 7, § 4)

Any outside kennels with access to the outside shall be at least 200 feet from any residential district.

(Code 1993, pt. III, ch. 7, § 5)

(a)

A ten-foot-wide landscape buffer shall be required abutting public rights-of-way. All landscaping shall be in conformance with the requirements of section 111-142.

(b)

A 15-foot-wide landscape buffer shall be required abutting all side and rear property lines. All landscaping shall be in conformance with the requirements of section 111-142.

(c)

All vehicles shall be parked on paved surfaces or approved pervious paving materials.

(d)

All outdoor display areas shall be at least 50 feet from the right-of-way line and no closer than 100 feet from the nearest residence.

(e)

Maintenance, repair, painting and body work must take place within an enclosed building.

(f)

The property shall contain a sales building with a minimum of 2,500 square feet of heated floor area.

(Code 1993, pt. III, ch. 7, § 6)

(a)

The bed and breakfast must be secondary to the use of the premises for a dwelling. All operators of a bed and breakfast residence must own and occupy the building where said use will occur as their principal residence.

(b)

Only one sign, for the purposes of identification, not advertisement, shall be permitted. The identification sign shall have a maximum of four square feet in sign area and shall not be illuminated.

(c)

The maximum number of guest rooms made available for rent shall be five.

(d)

One off-street parking space shall be provided per guest room and shall meet the requirements of this chapter.

(e)

No food preparation or cooking shall be conducted within any bedroom, nor other individual rented rooms. Meals shall only be provided to overnight guests and employees of the inn.

(f)

The exterior appearance of the structure shall not be altered from its single-family character.

(g)

A tourist accommodation permit is required from the county health department.

(Code 1993, pt. III, ch. 7, § 7)

(a)

A car wash operation is considered to be a drive-through facility and is subject to site plan submission requirements.

(b)

The property on which the car wash is to be located shall be a minimum of 10,000 square feet in size.

(c)

The car wash, and all related activity areas, shall be screened from all adjoining side and rear properties with a 15-foot landscape buffer with one tree for every 30 linear feet and a continuous hedge along the entire length of the property. All landscaping shall be in accordance with this chapter.

(d)

No more than seven car wash bays and seven vacuum stations shall be allowed in any self-serve car wash facility.

(e)

All car wash bays shall be enclosed on two sides and covered by a permanent roof. Exterior walls shall be brick construction.

(f)

All on-site lighting fixtures shall be directed so that adjacent properties are not illuminated.

(g)

Mobile car washes shall meet the following criteria:

(1)

No mobile car wash shall wash a car on a public street or within a public right-of-way.

(2)

A mobile car wash operating on private property shall have the written permission of the property owner.

(3)

The mobile car/vehicle wash business must catch all water coming off the vehicle if such vehicle is washed on an impervious surface and dispose of this water at an approved facility.

(4)

A maximum of five vehicles may be washed on a non-paved or pervious surface, provided there is a good stand of live ground cover such as grass and the grass is able to absorb the runoff into the ground without any water runoff from the site.

(5)

All mobile car washes shall be permitted as a home occupation and shall not operate without a permit issued by the community development director.

(Code 1993, pt. III, ch. 7, § 8)

(a)

Cemeteries are permitted in any zoning district provided they front on an arterial or connector street.

(b)

A cemetery may include one or more of the following: a burial park for earth interments, a mausoleum for vault or crypt interments and a columbarium.

(c)

A cemetery may include a chapel when operated in conjunction with and within the boundaries of the cemetery.

(d)

Registered cemeteries per state law must have a minimum size of ten acres; other cemeteries must have a minimum land area of two acres.

(e)

The minimum setbacks for any structures to the front property line must be 40 feet, to the side and rear property lines must be 20 feet and adjacent to any residentially zoned property must be 50 feet.

(f)

Must have a 25-foot planted buffer strip around their entire perimeter except for ingress and egress points.

(Code 1993, pt. III, ch. 7, § 9)

(a)

The serving of food is limited to club members on a nonprofit basis.

(b)

Ingress and egress are situated so that the added traffic, lights, noise, etc., are not objectionable to the surrounding residences.

(c)

No structures are within 50 feet of an adjacent residential structure.

(d)

A planted buffer strip is provided and maintained to screen off-street parking areas, trash, service entrances, and other potential offensive features from adjacent residential properties.

(Code 1993, pt. III, ch. 7, § 10)

(a)

The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development and installation of communication towers, antenna support structures, antennas and related facilities. These standards are designed to protect and promote public health, safety and community welfare and the aesthetic quality of the city, while at the same time not unduly restricting development of needed telecommunication facilities, nor denying wireless communications suppliers' access to the public switched telephone network. These standards encourage managed development of telecommunication infrastructure.

(b)

All applications shall include a statement of need or necessity, showing that the service cannot be provided through other means (i.e., co-location).

(c)

All applications shall include the intended service area and existing coverage by service providers.

(d)

Telecommunication towers shall comply with applicable Federal Aviation Administration and Federal Communications Commission regulations. Evidence of compliance must be submitted prior to issuance of building permits for construction. The city municipal airport manager shall be notified by the applicant of all applications no less than ten days prior to filing.

(e)

All certifications required for the construction of telecommunication facilities shall be sealed by a state registered engineer.

(f)

All telecommunication towers and accessory and support structures, including guy anchors, shall comply with the applicable zoning district setbacks. For guyed towers, applicants should submit certified break-apart calculations in order for the property boundary setbacks of the tower to be determined. If the applicant does not submit break-apart calculations, the minimum setback from all property lines or the nearest inhabited building shall be 150 percent of the height of the tower, but not less than 200 feet.

(g)

A wall or fence no less than ten feet in height from finished grade shall be constructed around each telecommunication tower and ground related support or guy anchors. Access to the tower shall be controlled.

(h)

The city may require, as a condition of approval, the dedication of space on a tower for communications equipment required for public safety. The need for such public use shall be indicated to the applicant prior to formal approval of an application. In the case of co-use with the city, the applicant shall certify that none of the proposed or future users of the tower shall interfere with its use by the city for public safety.

(i)

In addition to the landscaping requirements per article V of this chapter, landscape buffers shall be required around the perimeter fencing of the telecommunication tower and any accessory uses, including guy anchors. Landscape buffers shall be located outside and within ten feet of the required fence and shall include not less than one tree and suitable ground cover for every 20 linear feet of fence. In addition, a hedge shall be installed around the exterior perimeter of the fence.

(j)

A 12-foot-wide stabilized access driveway is acceptable to a telecommunication tower, unless the community development director determines, based on public safety concerns, that circumstances require paved access. The turnaround area shall be approved by the city engineer, police chief and fire chief.

(k)

A minimum of one on-site parking space shall be provided. The parking area shall be paved if the access road is paved.

(l)

Telecommunications towers and accessory structures shall be unoccupied.

(m)

A tower may constitute an accessory use on a lot containing a separate principal use. If the tower constitutes a principal use, then it must be located on a property which meets the minimum lot size requirements of the district in which the tower is located and is large enough to accommodate the tower, accessory structures, landscaping, parking and other required improvements.

(n)

The use of any portion of a tower for signs or advertising is prohibited.

(o)

The following distances shall be measured by a straight line measurement without regard to intervening buildings from the nearest point of the building or unit within a building in which the proposed telecommunications tower is to be located to the nearest point of the lot, use, right-of-way line or district from which the proposed telecommunications tower is to be separated.

(1)

No telecommunications tower shall be constructed within 500 feet of the R-15, R-12, R-M, or R-I zoning district within the city.

(2)

No telecommunications tower shall be constructed within 500 feet of a school.

(p)

An unused tower shall be removed within three months of cessation of all telecommunications uses.

(q)

Existing nonconforming towers may be replaced one time by a tower of equal or lesser height.

(r)

Temporary facilities known as "cells on wheels" shall be allowed for periods up to 30 days during documented states of emergency as declared by the city manager, and for special events subject to review and approval of the airport manager and the community development director.

(Code 1993, pt. III, ch. 7, § 11)

Concentrated animal feedlot operations (CAFO) are prohibited within the city.

(Code 1993, pt. III, ch. 7, § 12)

(a)

The provisions of this section only apply to facilities which provide housing for more than ten persons or which are more than one acre in size. Any adult congregate care facility which may house four or fewer unrelated persons in a single-family detached dwelling shall be a use by right in all residential zones. Licensed CCRCs or ACLFs shall be a use allowed within planned development districts.

(b)

Standards.

(1)

For facilities within a planned development district, the provisions of that district shall apply.

(2)

For facilities not within a planned development districts, a site plan drawn to scale, in accordance with article V of this chapter, shall be provided.

(3)

The permitted density shall be that of the underlying zoning district. For facilities within the planned development district, the maximum density shall be 20 units per acre.

(4)

Off-street parking shall be provided on a minimum basis of one space per every four occupants and one space for every two employees as determined by the maximum working shift. The city commission may require the provision of additional parking in the reasonable exercise of its discretion.

(5)

For all facilities, each unit in the facility to be occupied by one person shall be a minimum of 250 square feet; each unit in the facility to be occupied by two persons shall be a minimum of 450 square feet. Additionally, at least 100 square feet of interior common area shall be provided for each unit.

(6)

All facilities shall provide facilities sufficient, as determined by the city commission, in size to serve meals to the residents and shall provide at least two meals a day to its residents which shall be included in the monthly fee.

(7)

All facilities shall also provide the following amenities or services for its residents:

a.

An office or examination room for the purpose of housing a qualified and properly licensed nurse or nursing staff.

b.

TV and game room, library, arts and crafts center or other similar facility to provide leisure activities for facility residents.

c.

Laundry facilities for the residents.

(8)

All facilities shall be subject to a 45-foot height maximum.

(9)

All facilities shall be subject to the regulations in the residential zoning districts which pertain to lot coverage and setbacks.

(10)

At least 20 percent of each facility shall be maintained as open space to be either a lawn or landscaped area which can be used for recreation and other leisure activities. Facilities intended for planned development districts shall be subject to a 30 percent open space requirement.

(11)

All signs in conjunction with the facility shall meet the applicable requirements pertaining to the zoning district in which the facility is located.

(12)

Accessory uses shall be limited to those normal and incidental to residential dwelling units, including a small convenience store to provide personal items such as toiletries, magazines, a small selection of groceries, and prescriptions. Said facility shall be self-contained within the structure and open only to the residents of the facility.

(13)

Each facility and its units shall be served by one master meter for water, sewer, gas and electric utilities.

(14)

Any plan for a facility must not only establish compliance with the above requirements, but also that such use will be reasonably compatible with the surrounding neighborhood on the basis of the following considerations:

a.

Ingress and egress to the property and proposed structures on the property with particular reference to automotive and pedestrian safety, traffic flow and control, and access in case of fire or other emergency.

b.

Off-street parking and loading areas where required, with particular attention to the noise, glare, or odor effects, or property value effects of the proposed facility on adjoining properties and properties in the neighborhood.

c.

Refuse and service areas.

d.

Utilities with reference to location, availability and compatibility.

e.

Screening and buffering with reference to type, dimensions and character.

f.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, compatibility and harmony with the neighborhood and adjacent properties.

(Code 1993, pt. III, ch. 7, § 13)

(a)

In the M-1 and M-2 districts, a day care center shall be allowed as an accessory to the business for use by employees of that business only.

(b)

In the R-15, R-12, R-M, R-I and RP districts, the use shall maintain a residential appearance compatible with the neighborhood and not be detrimental to adjacent properties as a result of traffic, noise, light, refuse, parking or other activities.

(c)

The principal and accessory buildings shall meet all yard setback and height requirements of the district.

(d)

The use shall comply with all state day care requirements for standards, licensing and inspections.

(e)

The use must provide at least 200 square feet of outdoor recreation per child.

(f)

The outdoor play area must be enclosed with a six-foot-high fence.

(g)

The use shall provide paved driveways with drop-off areas and turnarounds to be reviewed by the community development department, so that traffic associated with the use does not impede flow of traffic on adjacent streets.

(h)

A city occupational tax certificate shall be required for this business.

(Code 1993, pt. III, ch. 7, § 14)

(a)

Drive-through facilities shall not be permitted in residential zoning districts (R-15, R-12, R-M, R-I, R-P) or the N-C district.

(b)

Each stacking space shall be a minimum of 26 feet in length and ten feet in width along the straight portions of the stacking lane. Stacking spaces and stacking lanes shall be a minimum of 12 feet in width along curved segments.

(c)

Stacking lanes shall be delineated from traffic lanes, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians. If curbing or a raised median is used, an emergency bypass or exit shall be provided.

(d)

Entrances to the stacking lanes shall be clearly marked and a minimum of 60 feet distance from the side property line.

(e)

Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent public streets. The circulation shall separate the drive-through traffic from the circulation on site, not impede or restrict access into or out of parking spaces, and minimize conflicts between pedestrian and vehicular traffic with physical and visual separation of the two.

(f)

Stacking lanes shall not interfere with required loading and trash storage areas and loading or trash operations shall also not interfere with on-site vehicle movement.

(g)

Any outdoor service facility, including menu boards, speakers, etc., shall be a minimum of 100 feet from any residentially zoned district or residentially used property.

(h)

Menu boards shall be a maximum of 24 feet square feet, with a maximum of seven feet in height, and shall be screened from the view of any public street or residential properties.

(i)

Standards for drive-through facilities. A drive-through or walk-through facility shall be designed, constructed and used so as not to interfere with the public use of public ways, streets, alleys or other public areas. The community development director shall specifically approve such facility. In making such determination, the type of business, the existing and projected traffic flow of nearby public areas and the nearness of other like facilities shall be considered.

(j)

The minimum number of queuing or stacking spaces required shall be as follows: Variations from these minimums may be allowed by the community development director on the basis of a traffic study as provided by the applicant.

      Table 111-248. Required Stacking Spaces

*An additional four vehicle queue from the pick-up window to the order box shall be provided.

(k)

Each queue space shall be a minimum of ten feet by 26 feet. Queuing lane dimensions shall be measured from the point indicated in the queue space schedule to the end of the queuing lane. Dimensions of queuing lanes shall be shown on the site plan.

(l)

Each queue lane shall be clearly defined and designed so as to not conflict or interfere with other traffic using the site. A bypass lane with a minimum width of 12 feet shall be provided if a one-way traffic flow is used in the parking lot. The bypass lane shall be clearly designated and distinct from the queuing area.

(Code 1993, pt. III, ch. 7, § 16)

The following standards shall apply to all live-work dwelling units:

(1)

The dwelling unit must be owner-occupied.

(2)

Only one business may be operated in each dwelling.

(3)

The business owner shall be the owner of the dwelling unit in which the business is located.

(4)

The business shall be located on the ground floor only and shall have direct entry from the sidewalk along the street frontage.

(5)

No more than 40 percent of the dwelling unit may be used for conducting the business.

(Code 1993, pt. III, ch. 7, § 17)

(a)

Loft dwellings shall be located in mixed use buildings.

(b)

No loft dwelling shall be located on the ground floor.

(c)

Residential portions of a building shall have at least one entrance/exit to the ground floor that is separate from the entrance/exit used by the occupants of the nonresidential portion of the building.

(d)

Each loft dwelling shall have at least 800 square feet of heated/AC living area.

(Code 1993, pt. III, ch. 7, § 18)

(a)

The standards in this section are intended to provide for areas of two-family development that are consistent in design and in development patterns with typical single-family detached development.

(b)

The two units of a duplex shall share a common roof and a common wall for at least 50 percent of the maximum depth of the building, as measured from the front to the rear of the lot and prohibit the separation of the two units by a breezeway, carport, or other open building element; instead of a shared common wall, the two units can share a common floor and ceiling.

(c)

Each dwelling unit shall contain a two-car garage in addition to required parking spaces. The garage space shall not be eliminated by enclosing the garage with a stationary wall. If the lot is alley served, garages shall be set back a minimum of 20 feet from the rear property lines.

(d)

Each dwelling unit shall have access to the street with a concrete driveway or any other alternative material consistent with this chapter.

(Code 1993, pt. III, ch. 7, § 19)

(a)

The requirements in this section shall be in addition to, and shall supersede in the event of a conflict, those contained in the building code, relating to type of construction and materials of walls and fences.

(b)

Any fence or wall, except a chainlink fence, in height over six feet must be designed and sealed by a licensed professional engineer or architect.

(c)

Fences and walls shall be constructed of concrete, cement blocks, brick, chainlink, wood, ornamental wrought iron, stone, or any alternate material as approved by the community development director. Concrete or cement block walls shall be stucco or provided with a textured finish.

(d)

Metal fences shall be of noncorrodible metal or galvanized wire fabric, having a minimum of 11 gauge, mounted on steel posts.

(e)

Fences or walls should be generally in harmony and compatible with their surroundings.

(f)

All fences shall be maintained in good repair on both sides in order to remain structurally sound.

(g)

All fences and walls on the same property shall be continuous in alignment and of uniform construction and appearance.

(h)

No fence shall be constructed of materials which easily corrode, decay or rust, unless specifically treated to inhibit such corrosion, decay or rust.

(i)

The height of fences and walls shall be measured from existing natural elevation of a lot, prior to any construction or alteration.

(j)

Any entryway arbor or trellis, constructed in conjunction with a fence or wall, shall not exceed a maximum height of nine feet, measured from existing grade.

(k)

The height of all fences, walls, hedges, signs or any other objects located within the sight distance triangle for intersections shall meet the sight distance requirements as defined in the Geometric Design of Highway and Streets as published by the American Association of State Highway and Transportation Officials.

(l)

Plans for fences or walls shall be included as a part of the site and/or building plans and shall be erected during or immediately after the erection of the principal building, and in any event prior to the certificate of occupancy of the principal building being issued.

(m)

Electrically charged fences are prohibited, except in prisons, jails or to contain livestock in agricultural areas.

(n)

Barbed wire or razor wire fences are prohibited, except in prisons or jails.

(o)

In no case shall a fence or wall restrict the natural sheet flow of water or impede movement of drainage water from swales, drainage ditches, etc.

(p)

All major development projects shall be allowed to install a construction fence with a temporary six-foot chainlink fence with obscure fabric that may include graphics depicting the development project, or other visual barrier material around the site prior to the initiation of the construction phase.

(q)

In residential districts (R-15, R-12, R-M, R-I and R-P):

(1)

Fences, walls and hedges may be located in any required yard.

(2)

The maximum height of fences and walls shall be four feet in any required front yard and six feet in any required side or rear yard. Hedges of any height may be located within any required front, side or rear yard, provided it complies with subsection (k) of this section.

(3)

For a multifamily development or unit, fences and walls shall be set back a minimum of three feet from any abutting street right-of-way for the purpose of landscape beautification. Landscaping materials shall consist of a hedge and groundcover or other grounded landscape treatment.

(4)

Where a residential lot abuts a nonresidential zoned lot, fence height in side or rear yards may be increased to eight feet.

(r)

In commercial or industrial districts:

(1)

Fences or walls erected in commercial districts shall be no higher than eight feet. Fences shall be set back a minimum of five feet from any abutting street right-of-way for the purpose of landscape beautification. Landscaping materials shall consist of a hedge and groundcover or other grounded landscape treatment.

(2)

Fences or walls erected in an industrial (M-1 and M-2) zoning district shall be no higher than ten feet. Fences shall be set back a minimum of five feet from any abutting street right-of-way for the purpose of landscape beautification.

(3)

Where an industrial-zoned use abuts any other non-industrial zoning district, it shall be visually screened from adjacent uses by a solid fence, or a chain-link fence with green or black slats. At the discretion of the community development director, an opaque landscape buffer may be used in lieu of a fence, provided that the area is visually screened from the adjacent property as effectively as though a fence or wall were used. The screening shall be a minimum of six feet in height, and no more than ten feet, and shall extend along the full length of the property line adjoining such other district.

(Code 1993, pt. III, ch. 7, § 20; Ord. No. 05272025, 5-27-2025)

(a)

The market must provide adequate off-street parking for its employees, vendors and customers.

(b)

The market must provide adequate restroom facilities located within a structure or building on the grounds.

(c)

A building permit shall be required for structural interior spaces.

(Code 1993, pt. III, ch. 7, § 21)

(a)

Gasoline and other motor fuel stations, excluding principal use signs, but including storage tanks and gas pumps, must be placed not less than 50 feet from any side or rear property lines, except when the side or rear property lines abut a street, in which case the setback shall be that required for such streets.

(b)

All structures, including gas pumps and buildings, shall comply with the setback requirements from the abutting streets, but shall be at a minimum 25 feet from the property line.

(c)

All points of ingress and egress shall be arranged so as to minimize interference with normal street traffic flow.

(d)

No building or structure shall be placed within 100 feet of a residential property line.

(e)

All repair and maintenance, if permitted, shall be carried on entirely within an enclosed building.

(f)

No outdoor storage is permitted.

(g)

All drives, parking, storage and service areas shall be paved and curbed.

(h)

Outside above ground tanks for the storage of gasoline, liquefied petroleum gas, oil and other flammable liquids or gases shall be prohibited.

(i)

Overnight accommodations, showers or parking are prohibited.

(j)

The use shall not be combined with any other use or facility to create a truck stop.

(Code 1993, pt. III, ch. 7, § 22)

(a)

If in a residential district or abutting a residential district, the following standards shall apply:

(1)

Hours of operation shall be limited to the hours of 6:00 a.m. to 11:00 p.m.

(2)

Outdoor recreation activities shall be limited to the hours of 8:00 a.m. to 10:00 p.m.

(3)

Not outdoor loudspeakers or sound amplification systems shall be permitted.

(4)

No outdoor storage shall be permitted.

(5)

No building, swimming pool, tennis court, ball field or other form of outdoor recreation shall be closer than 50 feet from abutting property zoned for residential use.

(6)

Outdoor lights shall be no more than ten feet in height and not closer than 25 feet from a property line. Outdoor light fixtures shall be cut-off luminaries designed to cast light downward and away from adjacent property.

(7)

Property lines abutting properties used for residential dwellings shall provide a minimum 25 feet continuous vegetative buffer, except where penetrated by a driveway or utility lines.

(b)

When the use is accessory to a residential subdivision, the following standards shall apply in addition to subsection (a) of this section:

(1)

The facility shall be owned by the subdivision's property owner or homeowners' association.

(2)

To limit impacts from traffic, membership shall be limited to residents of the subdivision.

(c)

When the use is a primary use, the following standards shall apply in addition to subsection (a) of this section: The use shall have direct access to a roadway designated as a collector or higher category roadway system.

(Code 1993, pt. III, ch. 7, § 23)

(a)

There shall be no more than 15 residents, not including attendants and employees of the operator.

(b)

The operator must be licensed for treatment of drug and alcohol dependency.

(c)

Parking must be provided in an enclosed garage or in the rear or side yard.

(d)

The outer appearance of the building shall be compatible in height, style, front yard, roof type, fenestration and floor area with buildings on the same block.

(e)

Services shall not be provided on an out-patient basis to persons who are not regular residents of the facility, as described in subsection (a) of this section.

(f)

At least 1,000 feet shall separate the halfway house from another halfway house, transitional housing facility, roominghouse and boardinghouse, or personal care home.

(g)

The city commission shall have final approval of the rezoning or permit application and shall have the authority to place additional conditions for approval on the application.

(h)

If a rezoning, conditional use/special exception or other primary permit application is made for location or relocation of a halfway house, drug rehabilitation center or other facility for treatment of any dependency, public hearing requirements shall conform to O.C.G.A. § 36-66-4(f).

(i)

Facility shall provide security on a 24-hour basis.

(Code 1993, pt. III, ch. 7, § 23.5)

(a)

No person shall be employed other than members of the immediate family residing on the premises, plus one additional employee.

(b)

The use of the dwelling unit or an accessory building on the property for the home occupation shall be clearly incidental and secondary to the residential use and shall under no circumstances change the residential character of the dwellings and the property.

(c)

There shall be no outside display or storage of materials or supplies in residential districts. Outside parking of one trade vehicle is permitted. No business vehicles larger than a van, panel truck or one-ton pick-up truck are permitted to park overnight on the property.

(d)

No signage of any kind shall be displayed other than what is permitted in article X of this article.

(e)

The home occupation shall not constitute a fire hazard to neighboring residences, or adversely affect neighboring property values, or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise or odors.

(f)

A home occupation shall produce no noise, obnoxious odors, vibrations, glare, fumes or electrical interference detectable to normal observation outside the dwelling or building.

(g)

No traffic shall be generated by such home businesses in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by the home occupation shall be met off-street and not in the front yard.

(h)

The use can qualify for all local, state and federal licenses, certificates and permits.

(i)

Any violation of these regulations may result in the revocation of any home occupation license, in addition to any other remedy for such violation.

(j)

The issuance of a license to engage in a home occupation in accordance with this chapter shall not be deemed to be a change in zoning, nor an official expression of opinion as to the proper zoning for the particular property.

(Code 1993, pt. III, ch. 7, § 24)

(a)

Ice vending machines are permitted in the C-G, G-W, M-1 and M-2 zoning districts.

(b)

The lot shall include a 15-foot landscape buffer around the ice vending machine, excluding ingress and egress.

(c)

The ice vending machine shall be set back a minimum of 50 feet from any residentially zoned property.

(d)

Two parking spaces shall be provided, plus one additional ADA accessible parking space.

(Code 1993, pt. III, ch. 7, § 25)

(a)

Indoor gun ranges are allowed in A-G, C-G, G-W, M-1 and M-2 zoning districts.

(b)

The facility must be located along arterial and collector roads.

(c)

A gun range shall not be located within a quarter-mile of residential or government structures.

(d)

All operations shall be entirely within an enclosed building which shall be constructed according to the National Rifle Association Source Book and must comply with all applicable building codes.

(e)

Sound absorbing material must be used inside the facility to suppress the sounds from the firearms.

(f)

Lead from the range must be recycled and the brass and debris shall be cleaned up daily using special vacuum equipment.

(g)

Parking requirements shall follow the standards for warehousing as outlined in article V of this chapter.

(h)

A noise study shall be submitted demonstrating that gun sounds will not be audible outside of the property range.

(i)

An indoor gun range shall only be used when the proprietor or designee of the site is present.

(j)

Such a site should be inspected on at least a semiannual basis on the order of the police chief.

(Code 1993, pt. III, ch. 7, § 26)

(a)

Municipal outdoor gun ranges are allowed in M-1 and M-2 zoning districts. Municipal gun ranges for police and fire training purposes are essential services areas for the community.

(b)

The discharge of firearms shall be conducted only within the range and/or bays specifically designated for such use on an approved site plan.

(c)

Firing positions shall be separated a minimum of 200 feet from the boundary of the subject property with any adjacent parcel in separate ownership and, in addition, firing positions shall be separated a minimum of 500 feet from any permitted residence existing at the time of site plan approval for the proposed shooting range.

(d)

An impenetrable backstop, a minimum of 20 feet in height, shall be constructed down range of any authorized range or bay, and side berms a minimum of eight feet in height shall be provided along the side lines.

(e)

The perimeter of the shooting range, including the firearm discharge area and surrounding berms, shall be enclosed by a fence or wall a minimum of six feet in height to prevent unauthorized access. Warning signs of at least one square foot each shall be attached to the perimeter fence at the rate of one at every corner and at least one for every 100 lineal feet, plus one at each entry gate.

(f)

The applicant's range complex design shall be consistent with the NRA Source Book, latest edition, for the construction of outdoor shooting ranges. To ensure the protection of groundwater from lead and other contaminants associated with the discharge of firearms the range shall comply with USEPA's best management practices (http://www.epa.gov/region2/waste/leadshot/).

(g)

The applicant shall demonstrate compliance with all applicable state and local regulations and how safety and noise factors have been addressed through the site plan and other special features of the proposed development.

(h)

Shooting range sites are a community asset that, once sited and in operation, need to be protected. To that end, it is a requirement that for properties to be sold within two miles of the range, once the site has been approved, that the seller must disclose of the existence of said shooting range to the prospective buyer.

(Code 1993, pt. III, ch. 7, § 27)

All industrialized homes must comply with the following regulations for dwelling units:

(1)

The building permit application must be accompanied by the following:

a.

The serial number of the home as provided by the manufacturer.

b.

Proof of the identity of the manufacturer.

c.

Proof of inspection of the home at the date of manufacture, including DCA seal.

(2)

No industrialized home shall be in a state of disrepair at the time of its installation at the intended location within the city.

(3)

All industrialized homes shall receive all applicable inspections necessary to ensure the following:

a.

External connections to gas, plumbing, electric and any other utility systems shall be constructed and installed in a manner that meets all city building codes.

b.

Each industrialized home site shall include an approved potable water source and an approved sewage disposal system meeting the requirements of the county health department.

c.

Steps, landings, and porches shall meet the requirement of the International Building Code.

(4)

All industrialized homes shall meet all requirements of the zoning district in which the home is located.

(5)

No industrialized home may be attached to another industrialized home by means of a breezeway, corridor or hallway. Industrialized homes designed to be part of a multifamily structure are prohibited.

(Code 1993, pt. III, ch. 7, § 28)

All industrialized buildings located in the M-1 and M-2 districts shall meet the following design requirements:

(1)

Permitted exterior building materials.

a.

Brick.

b.

Glass, including glass storefront construction.

c.

Stone.

d.

Split-face block/concrete masonry units (CMU) limited to 33 percent of the surface area of the facade.

e.

Exposed pre-cast concrete limited to 15 percent of exterior wall surface.

f.

High grade stucco limited to 50 percent of the surface area of the facade.

g.

Natural wood and/or cement based siding are allowed only for residential buildings in M-1 and M-2 districts (security residences).

(2)

Prohibited exterior building material.

a.

Tilt-up concrete and pre-cast Ts.

b.

Exposed concrete block and tile.

c.

Metal siding.

(Code 1993, pt. III, ch. 7, § 29)

(a)

No internet cafe or similar use shall be permitted, except as noted below, within 1,600 feet, measured by a straight line between the nearest corners of the facilities, of a religious facility, school, or public playground. No application for an internet cafe or similar use shall be approved which does not include or have attached thereto a current certificate from a registered surveyor of the state, showing a scale drawing of the premises, and the location at which the applicant desires to operate, as well as the straight line distance in lineal feet from the nearest church, public park, school ground, college campus, public library and private dwelling lot of such proposed premises.

(b)

Any person whose location or place of business does not meet the distance requirements above, and who is proposing to operate an internet cafe, may have this distance waived in the following manner:

(1)

A request for a waiver may be initiated by filing an application in writing with the community development director.

(2)

The community development director will schedule a public hearing before the city commission if the application for a waiver meets the following criteria:

a.

Service is available only to persons patronizing the establishment for the main purpose of ordering and consuming food.

b.

Have permanent kitchen facilities located within the premises in which meals are regularly prepared for service of patrons of the establishment.

(c)

A waiver of distance requirements under this section shall be granted only in the event it does not adversely affect community health, safety or general welfare, and in connection with that shall be considered the following:

(1)

The actual location and distance of the proposed establishment with respect to other internet cafes, as well as churches, schools, or public playgrounds.

(2)

The type and size of the establishment, including bar floor space and seating capacity, capable of seating not fewer than 32 persons simultaneously for the purpose of consuming food, and whether, in view of such type or size, the proposed establishment is likely to create a public nuisance or traffic impediment by drawing crowds or persons milling about outside the building.

(3)

Whether adequate parking and landscaping for the facility is provided so as to meet the applicable requirements of this chapter.

(4)

Whether the facility is physically or sufficiently well buffered from all adjacent residentially zoned areas, schools, churches, and public playgrounds.

(Code 1993, pt. III, ch. 7, § 30)

(a)

The lot size shall not be less than two acres.

(b)

Any building or enclosed structures for the housing of animals shall have minimum side and rear setbacks of at least 100 feet from the property lines.

(c)

All areas maintaining animals outside shall be completely enclosed by wall or fences at least six feet in height and shall be located no closer than 200 feet from property lines or street rights-of-way.

(Code 1993, pt. III, ch. 7, § 31)

(a)

The minimum acreage of the site shall be 25 acres.

(b)

No facility shall be permitted within 500 feet of a residential dwelling, private or public well or school.

(c)

A minimum 100-foot-wide buffer, meeting the requirements of this section, shall be maintained on all property lines, including property lines abutting a public street.

(d)

All facilities shall be enclosed with an opaque security fence at least six feet in height with openings of not more than those in two-inch mesh wire of some other similar fencing materials. This fence shall be located inside the buffer. A minimum six-foot-high solid wall or fence is required inside the buffers adjacent to property zoned or used for residential purposes. A sight line study shall be submitted to the community development director for approval.

(e)

Access to inert waste landfills shall be limited to authorized entrances that shall be closed when the site is not in operation. Access shall not be through any residential subdivision or development. Routes and entrances shall be approved by the community development director to ensure that access is derived from paved streets and that such streets will withstand maximum load limits established by the city.

(f)

Materials placed in inert waste landfills shall be spread in layers and compacted to the least practical volume.

(g)

A uniform compacted layer of clean earth no less than one foot in depth shall be placed over all exposed inert waste material at least monthly.

(h)

The inert waste landfill site shall be graded and drained to minimize runoff onto the landfill surface, to prevent erosion and to drain water from the surface of the landfill.

(i)

The property owner shall obtain a land-disturbing permit for any inert waste landfill.

(j)

No hazardous wastes, industrial wastes, demolition wastes, biomedical wastes, asbestos, or liquid waste shall be allowed in an inert waste landfill.

(k)

Suitable means, such as stockpiled soil, shall be provided to prevent and control fires.

(l)

A uniform compacted layer of final cover not less than two feet in depth and a vegetative cover shall be placed over the final lift not less than one month following the final placement of inert waste within the lift.

(m)

Notice of final closure must be provided to the department of public works within 30 days of receiving the final load of waste. Any site not receiving waste in excess of 180 days shall be deemed abandoned and in violation of this section unless properly closed. Notice of closure must include the date of final waste receipt and an accurate legal description of the boundaries of the landfill.

(Code 1993, pt. III, ch. 7, § 32)

(a)

The minimum size of a solid waste landfill shall be 100 acres.

(b)

No facility shall be permitted within 500 feet of a residential dwelling, private or public well, or school.

(c)

A minimum 200-foot-wide buffer, meeting the requirements of this section, shall be maintained against all property lines, including property lines abutting a public street.

(d)

All facilities shall be enclosed with an opaque security fence at least six feet high with openings of not more than those in two-inch wire mesh or some other similar fencing materials. The fence shall be placed inside the buffer. A minimum six-foot-high wall or solid fence is required inside the buffers adjacent to property zoned or used for residential purposes. A sight line study shall be submitted to the community development director for review.

(e)

A gate or other barrier shall be maintained at potential vehicular access points to block unauthorized access to the site when an attendant is not on duty. Access to the site shall not go through any residential area or uses. Routes and entrances shall be approved by the city engineer to ensure that the access to the site is on paved streets and that such streets are designed to carry the maximum load limits as established by the city.

(f)

The property owner shall obtain all applicable local, state and federal permits.

(g)

The site must be designed with adequate soil buffers or artificial liners and leachate collection and treatment systems to prevent the contamination of drinking water supplies.

(h)

All surface runoff from disturbed areas must be controlled and contained on site by the use of appropriate erosion and sedimentation control measures or devises. Sediment basins must be designed to handle both the hydraulic loading for the 25-year, 24-hour storm event and the sediment loading from the drainage basin for the life of the site.

(i)

The site plan for the facility must call for revegetation of any disturbed area that will remain exposed for more than three months. Revegetation of final cover must take place within two weeks after final cover placement.

(j)

The site plan must also define a sequence of filling the entire site that minimizes any problems with drainage or provides for all-weather access roads to the working area.

(k)

The composition of daily cover shall meet the following standards:

(1)

Must be capable of preventing disease vectors, odors, blowing litter and other nuisances.

(2)

Must be capable of covering solid waste after it is placed without change in its properties and without regard to the weather.

(3)

Must be capable of allowing loaded vehicles to successfully maneuver over it after placement.

(4)

Must be noncombustible.

(5)

40 percent by weight of fragments in the daily cover shall pass through a two millimeter, No. 10 sieve.

(6)

Must not include rock fragments that are greater than six inches in diameter.

(l)

The composition of intermediate or monthly cover shall meet the same criteria for daily cover and be capable of supporting the germination and propagation of vegetative cover.

(m)

The composition of final cover shall meet the same criteria as for monthly cover and must compact well and preclude the excessive infiltration of surface water.

(n)

The grade of final slopes shall be designed, installed and maintained to:

(1)

Ensure permanent slope stability.

(2)

Control erosion due to rapid water velocity and other factors.

(3)

Allow compaction, seeding and revegetation of cover material placed on slopes.

(4)

Ensure minimal percolation of precipitation into and surface runoff onto the disposal area.

(5)

The grade of the final surface of the facility may not be less than three percent or greater than 33 percent.

(o)

Fire protection, groundwater monitoring, methane gas control, liners and leachate collection, closure, post-closure care and financial responsibility shall be in conformance with chapter 391-3-4, as amended, Solid Waste Management Rules of the Environmental Protection Division of the State Department of Natural Resources.

(p)

Any operator of any solid waste landfill shall comply with the performance requirements of chapter 391-3-4, as amended, Solid Waste Management Rules of the Environmental Protection Division of the State Department of Natural Resources.

(q)

No regulated quantities of hazardous waste may be accepted. The operation must have a plan for excluding regulated quantities of hazardous waste.

(r)

No person in responsible charge of a solid waste landfill which has a leachate collection system shall perform the duties of a solid waste landfill operator without being duly certified by the state.

(s)

No solid waste landfill which has a leachate collection system shall be operated in the state unless the person in charge is duly certified by the state.

(Code 1993, pt. III, ch. 7, § 33)

(a)

Except as provided below, no animals shall be kept in any residential district except those animals generally recognized as household domestic pets, such as dogs, cats, caged birds, etc. In any residential district, no more than a total of three dogs and/or cats four months or older shall be allowed for each dwelling unit.

(b)

Animals as described below, other than household domestic pets, may be kept provided they are not housed within 100 feet of any property line.

(c)

The property must be at least two acres.

(d)

Hens may be permitted, but roosters shall not be allowed in residential districts.

(e)

The horses are for the private and personal use of the resident and his family.

(f)

Manure must be disposed of or composted in a way that does not produce offensive odor.

(g)

Noise complaints will be addressed using barking dog's guidelines.

      Table 111-267. Animal Schedule

(Code 1993, pt. III, ch. 7, § 34)

(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:

Applicant means any person seeking to install a pre-owned manufactured home in the city.

Building inspector means the person appointed, employed, or otherwise designated as the director of planning, permits and inspections, or the city building official, or his designee, including the community development director.

Certificate of occupancy means a document issued by the building inspector certifying that a pre-owned manufactured home is in compliance with applicable requirements set forth by this section, and indicating it to be in a condition suitable for residential occupancy.

Guarantee of condition bond means a surety bond to guarantee that the affidavit and photographs required by subsections (c)(1)a and b of this section reasonably portray or represents the existing condition of the pre-owned manufactured home proposed for relocation. In lieu of the bond, a cash deposit may be deposited with the city.

Install means to construct a foundation system to place or erect a manufactured home on such foundation system. The term "guarantee of condition bond" includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured homes and connecting multiple or expandable sections of such manufactured home.

Jurisdiction means the incorporated areas of the City of Douglas, Georgia.

Manufactured home means a structure, transportable in one or more sections, which, in the travelling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirements with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.

Pre-owned manufactured home means any manufactured home that has been previously used as a residential dwelling and has been titled.

(b)

Conditions. All pre-owned manufactured homes located in the jurisdiction shall bear a label certifying that it was constructed in compliance with the National Manufactured Housing Construction and Safety Standards (MHCSS) Act of 1974, 42 USC 5401 et seq. (the HUD code), and shall be installed in accordance with O.C.G.A. title 8, ch. 2, art. 2, pt. 3 (O.C.G.A. § 8-2-160 et seq.).

(c)

Permitting, inspection, certificate of occupancy and fees. A permit shall be required to locate a pre-owned manufactured home in the jurisdiction.

(1)

Permit. To obtain a permit, applicants shall provide to the community development director:

a.

An affidavit signed by the applicant that the pre-owned manufactured home meets health and safety standards required by the MHCSS Act and this section;

b.

Photographs of the interior and exterior of the pre-owned manufactured home providing evidence that the home meets the minimum health and safety standards of subsection (d) of this section;

c.

A $250.00 refundable guarantee of condition bond or $250.00 refundable cash deposit; and

d.

The permit and inspection fee required by subsection (c)(4) of this section.

(2)

Inspection. Upon receipt of a permit, applicants may relocate the manufactured home on a residential site for the purposes of inspection. The applicant shall arrange for an inspection to be held once the installation of the manufactured home is complete.

(3)

Certificate of occupancy. A certificate of occupancy shall only be issued to the applicant after such time that the building inspector certifies that the requirements of this section have been met.

(4)

Fee. A permit and inspection fee in the amount set out in the schedule of fees and charges shall be charged to the applicant to cover the cost to the city to process the permit application and inspect the pre-owned manufactured home. Such fee shall cover the initial inspection and one follow up inspection. The applicant shall be charged an amount set out in the schedule of fees and charges for each additional follow up inspection that is necessary.

(5)

Alternative inspection. At the request of the applicant, the building inspector may, at his discretion, inspect a pre-owned manufactured home prior to its being relocated if the home is then located at another site within the city within 90 days from the date of the inspection.

(d)

Minimum health and safety standards. All pre-owned manufactured homes shall comply with the following before being issued a certificate of occupancy by the building inspector:

(1)

HUD code. Every pre-owned manufactured home located in the jurisdiction shall be in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, 42 USC 5401—5445 (the HUD code), and shall not be altered in such a way that the home no longer meets the HUD code.

(2)

Interior condition. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration.

(3)

Exterior condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home.

(4)

Sanitary facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in a sanitary working condition when properly connected, and shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least on bathroom shall contain a tub and/or shower facilities. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition.

(5)

Heating systems. Heating shall be safe and in working condition. Unvented heaters shall be prohibited.

(6)

Electrical systems. Electrical systems (switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to ensure that all metallic parts are properly bonded.

(7)

Hot water supply. Each pre-owned manufactured home shall contain a water heater in safe and working order.

(8)

Egress windows. Each bedroom of a manufactured home shall have at least one operable window of sufficient size to allow egress if necessary.

(9)

Ventilation. The kitchen in the home shall have at least one operating window or other ventilation device.

(10)

Smoke detectors. Each pre-owned manufactured home shall contain one operable battery-powered smoke detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturer's recommendations.

(11)

Exterior door. Each exterior door shall have a landing with steps. The landing shall be at least 3' x 3' in size. There shall be affixed handrails on each side of the landing and steps.

(12)

a.

Curtain wall. All manufactured homes or mobile homes shall be underpinned with a curtain wall. The curtain wall shall be masonry material, at least 26-gauge sheet metal, a vinyl product, or a cement board type material. The wall shall be continuous except for ventilation vents and an access panel.

b.

Skirting shall be installed in accordance with the manufacturer's instructions.

c.

All curtain walls shall be maintained in good repair.

(e)

Enforcement.

(1)

Permanent connection to utilities shall not be approved until the building inspector has issued a certificate of occupancy.

(2)

Owners of pre-owned manufactured homes that are not in compliance upon a third inspection shall have their permit revoked and shall be required to remove the home from the jurisdiction.

(3)

The guarantee of condition bond or cash deposit will be forfeited after 90 days from the date of inspection, unless all conditions and standards are met prior to the end of the 90 days or an extension has been issued in writing by the building inspector.

(f)

Penalties.

(1)

Failure to remove a pre-owned manufactured home from the jurisdiction upon failure to receive a certificate of occupancy shall be punishable by a fine of $500.00. Each day any violation under this section continues shall be considered a separate offense.

(2)

Failure to comply with any standard shall be punished as per section 1-11.

(Code 1993, pt. III, ch. 7, § 35; Ord. No. 11282022, 11-28-2022)

(a)

Size of park. A manufactured home park shall be no less than five acres in size and is divided in two or more manufactured home lots for rent or sale and shall have a minimum frontage of 100 feet along a paved public road.

(b)

Density of park. A manufactured home park shall not exceed a density of more than five units per acre. Twenty percent of the site shall be provided in common open space.

(c)

Water supply. Each manufactured home park shall be provided with an adequate supply of water of safe, sanitary quality and shall be connected to the city water system.

(d)

Waste and sewage disposal. Each manufactured home park shall be provided with safe and adequate means for the collection of waste and garbage, and shall be connected to the city sewer system.

(e)

Size and condition of manufactured home site.

(1)

Each site reserved for the accommodation of any manufactured home shall not be less than 3,200 square feet.

(2)

The minimum width of the site shall not be less than 70 feet.

(3)

The site shall be level, free from rocks and weeds, and well drained.

(4)

The site shall be landscaped in accordance with section 111-142.

(f)

Distance between manufactured homes and setbacks of manufactured homes.

(1)

No manufactured home shall be located on any site where there is less than 20 feet between the manufactured home and another structure or another manufactured home.

(2)

No manufactured home shall be placed or erected within less than ten feet from the side lot line.

(3)

No manufactured home or other structure in the manufactured home park may be placed or erected within 35 feet from any public right-of-way.

(g)

Buffering. In order to reduce visual, light and noise impacts, a required landscape buffer of no less than 15 feet shall be located along the length of the adjacent private or public property. The landscaped buffer shall meet the requirements of section 111-142, but shall, at a minimum, after five years of planting, be six feet in height and obscure objects behind the landscape buffer at a distance of 50 feet.

(h)

Roadways, entrances and exits.

(1)

All internal circulation systems for roads and sidewalks shall meet the city's standards for road and street construction.

(2)

The minimum right-of-way for all internal roadways shall be 50 feet.

(3)

Each manufactured home site shall be accessible by a paved driveway with a minimum width of 20 feet.

(4)

All internal circulation systems for roads and sidewalks shall be lighted to provide safe and convenient access to all parts of the manufactured home park during evening hours.

(i)

Parking. All parking and loading shall be in accordance with section 111-141.

(j)

Stormwater regulations. The manufactured home park shall be in accordance with article VI of this chapter.

(k)

Utilities.

(1)

All internal power lines shall be at a minimum 15 feet above each manufactured home.

(2)

All utilities will require a public utility easement.

(l)

Accessory uses. Accessory uses shall be limited to those normal and incidental to residential dwelling units, including a small convenience store to provide personal items such as toiletries, magazines, a small selection of groceries, and prescriptions. Said facility shall be self-contained within the structure and open only to the residents of the facility.

(m)

State of repair. No manufactured home shall be in a state of disrepair at the time of its installation at the intended location within the city. Proof of an approved U.S. HUD insignia may be accepted as evidence of a new manufactured home's compliance with this subsection. The state of repair of a pre-owned manufactured home shall be determined based on the home's compliance with the following provisions:

(1)

Every manufactured home shall contain not less than a kitchen sink, a lavatory sink, a tub or shower, and a toilet, all in working condition upon proper connection to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be in a sanitary working condition free from leaks and obstructions.

(2)

Every manufactured home shall have water heating facilities in safe working condition.

(3)

Every manufactured home shall have heating facilities in safe working condition. Where a central heating system is not provided, each manufactured home shall be provided with facilities where heating appliances may be connected.

(4)

Unvented fuel burning heaters shall be prohibited in bedrooms.

(5)

Every manufactured home shall have a smoke detector approved by the state and which is installed in accordance with the manufacturer's recommendations.

(6)

Every habitable room excluding bathrooms, kitchens and hallways shall have at least one window that can be opened, facing directly to the outdoors. All window panes shall be intact and free of cracks or other structural flaws.

(7)

Every habitable room shall have at least one window or skylight which can be opened, or such other device that will ventilate the room.

(8)

Electrical distribution panels shall be in compliance with the approved listing, complete with required breakers or fuses, with all the unused openings covered with blank covers approved and listed for that purpose. Connections shall be checked for tightness. Panels shall be accessible.

(9)

The electrical system, including, but not limited to, switches, receptacles, and fixtures, shall be properly installed and wired and in safe working condition. The manufactured home may be subjected to an electrical continuity test to ensure that all metallic parts are properly bonded.

(10)

The exterior of the manufactured home shall be free of loose or rotting boards or timbers and any other condition that might admit rain or moisture to the interior portions of the walls or to the occupied spaces of the manufactured home.

(11)

The exterior siding of the manufactured home shall be free of rot and rust and must be uniform in appearance.

(12)

Roofs shall be structurally sound and have no obvious defects, which might admit rain or cause moisture to collect on the interior portion of the home.

(n)

Manufactured homes brought from outside jurisdiction. For a manufactured home that is to be located in the city from a site outside the city, an inspection for compliance with each of the applicable requirements set forth in subsection (m) of this section shall be conducted prior to the home being brought into the city. Noncompliance with any of the provisions of subsection (m) of this section shall cause a pre-owned manufactured home to be found in a state of disrepair for purposes of this section. The installation of such home shall not be permitted in the city absent correction of the defects by the applicant and approval by the community development director.

(o)

Inspections. On any manufactured home to be located within the city, inspections staff shall conduct any inspections that are necessary to ensure the following:

(1)

External connections to gas, plumbing, electric and any other utility systems shall be constructed and installed in a manner that meets all city building codes and regulations.

(2)

An approved potable water source and an approved sewage disposal system meeting the requirements of the state department of human resources and the county health department.

(3)

All manufactured homes shall be installed in accordance with O.C.G.A. §§ 8-2-160—8-2-168. The pier foundation shall be a 16-inch x 16-inch x 4-inch solid concrete pad, precast or poured in place, or other approved methods/materials. Concrete footings shall have an ultimate compressive strength of not less than 2500 psi at 28 days. Footer size may vary on piers used with alternate anchoring systems when installed per system manufacturer's instructions, and marriage wall piers as required by manufacturer's instructions. All manufactured homes shall be placed on a foundation, either slab or piers, in accordance with the manufacturer's permanent installation instructions. If the manufacturer's instructions are no longer available, the rules and regulations of the Safety Division of the State Department of Insurance (chapter 120-3-7, as amended) shall be followed regarding installation.

(p)

Attachment of two manufactured homes prohibited. No manufactured home may be attached to another manufactured home by means of a breezeway, corridor or hallway.

(Code 1993, pt. III, ch. 7, § 36; Ord. No. 08082022(1), 8-8-2022)

(a)

Mobile vendors, including and mobile units that sell agricultural produce may be permitted, subject to the approval of a mobile vendor permit by the community development director and the presentation of written permission from the property owner on whose property the mobile vendor is to be located. All mobile vending businesses shall be subject to the following criteria:

(1)

A mobile vending business shall be treated and permitted as a home occupation and subject to the regulations of a home occupation.

(2)

All business activities associated with the operation of the mobile vending business are to be conducted away from the home.

(b)

Shall operate in the following areas:

(1)

Within ten feet from the right-of-way of any public street or roadway.

(2)

Within a required landscape buffer or improvement setback.

(3)

Within 20 feet of any street intersection or crosswalk.

(4)

Within ten feet of any driveway or other curb cut access, loading zone or bus stop.

(5)

In any area within 15 feet of a building entrance.

(6)

On the median strip of a divided roadway.

(7)

In front of display windows of a fixed location business.

(8)

Within 15 feet of a fire hydrant or fire escape.

(9)

Within ten feet of any parking space or access ramp designated for persons with disabilities.

(c)

No vending cart or stand, or any other item related to the operation of a mobile vendor use shall be located on any city sidewalk or other public way during nonvending hours; nor shall any vehicle be parked, stored or left overnight other than in a lawful parking space.

(d)

Vendors shall keep the sidewalks, roadways and other spaces adjacent to their vending sites or locations clean and free of paper, peelings, and refuse of any kind generated from their business. All trash or debris accumulating within 25 feet of any vending stand shall be collected by the vendor and deposited in a trash container provided by the vendor. The trash container shall be emptied regularly and marked as being for litter.

(e)

Mobile vendors may not do any of the following:

(1)

Obstruct pedestrian or motor vehicle traffic flow.

(2)

Obstruct traffic signals or regulatory signs.

(3)

Obstruct adequate access to emergency and sanitation vehicles.

(4)

Interfere with access to abutting properties.

(5)

Sound any device that produces a loud noise or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention.

(Code 1993, pt. III, ch. 7, § 37; Ord. No. 04242023, 4-24-2023)

(a)

Mobile food vendors, including mobile food vendors (a mobile food dispensing vehicle that sells prepared food products), may be permitted, subject to the approval of a mobile vendor permit by the community development director and the presentation of written permission from the property owner on whose property the mobile vendor is to be located. All mobile vending businesses shall be subject to the following criteria:

(1)

A mobile vending business shall be treated and permitted as a home occupation and subject to the regulations of a home occupation.

(2)

All business activities associated with the operation of the mobile vending business are to be conducted away from the home.

(b)

No mobile vendor shall operate in the following areas:

(1)

Within ten feet from the right-of-way of any public street or roadway.

(2)

Within a required landscape buffer or improvement setback.

(3)

Within 20 feet of any street intersection or crosswalk.

(4)

Within ten feet of any driveway or other curb cut access, loading zone or bus stop.

(5)

In any area within 15 feet of a building entrance.

(6)

On the median strip of a divided roadway.

(7)

In front of display windows of a fixed location business.

(8)

Within 15 feet of a fire hydrant or fire escape.

(9)

Within ten feet of any parking space or access ramp designated for persons with disabilities.

(c)

No vending cart or stand, or any other item related to the operation of a mobile vendor use shall be located on any city sidewalk or other public way during nonvending hours; nor shall any vehicle be parked, stored or left overnight.

(d)

Vendors shall keep the sidewalks, roadways and other spaces adjacent to their vending sites or locations clean and free of paper, peelings, and refuse of any kind generated from their business. All trash or debris accumulating within 25 feet of any vending stand shall be collected by the vendor and deposited in a trash container provided by the vendor. The trash container shall be emptied regularly and marked as being for litter.

(e)

Mobile food vendors may not do any of the following:

(1)

Obstruct pedestrian or motor vehicle traffic flow.

(2)

Obstruct traffic signals or regulatory signs.

(3)

Obstruct adequate access to emergency and sanitation vehicles.

(4)

Interfere with access to abutting properties.

(5)

Sound any device that produces a loud noise or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention.

(Ord. No. 04242023, 4-24-2023)

(a)

In all commercial zoning districts, and except as noted below, all business activities shall be in a completely enclosed structure.

(b)

Exceptions to the regulation shall be for the display of motor vehicles, marine craft, aircraft, recreational vehicles, manufactured homes, farm and construction equipment and vehicles, farm and garden supplies, stone products, and any other product designed for outdoor use.

(c)

An outdoor storage area may not be located in any required off-street parking area, required off-street loading area, required landscape area, designated environmental protection area, or any adjacent public right-of-way.

(d)

An outdoor storage area may be located adjacent to a structure but shall not be located in the front yard setback area.

(e)

An outdoor storage area shall be kept neat and orderly and shall not be permitted to take on the characteristics of a junkyard.

(f)

An outdoor storage area shall be visually screened from adjacent uses by a fence, or a masonry wall or a chainlink fence with green or black slats. In the discretion of the community development director, an opaque landscape buffer may be used instead of a wall or fence provided the area is visually screened from adjacent property as effectively as though a fence or wall were used.

(g)

The screening used shall not be less than six feet in height. Access through the fence or wall shall be limited through opaque gates that shall be closed when not in use.

(h)

Outdoor eating areas are permitted as an accessory to any permitted eating establishment in any commercial district, subject to the following standards:

(1)

The outdoor eating area does not occupy an area greater than 50 percent of the building area of the business to which the eating area is accessory;

(2)

The outdoor eating area is not located in any required parking area, service area, landscape area, and drainage area or public right-of-way;

(3)

If the outdoor eating area is located along or astride a sidewalk or other pedestrian access way, a minimum of five feet unobstructed passage shall be maintained through the outdoor eating area;

(4)

All outdoor eating areas shall be designed and located in such a manner as to prevent them from becoming a nuisance to any adjacent property or use. All outdoor eating areas shall be located so that there is no adverse noise, lighting, trash or other negative impacts onto any adjacent property or use;

(5)

All outdoor eating areas shall be treated for parking computations as if they were fully enclosed.

(Code 1993, pt. III, ch. 7, § 38)

(a)

Parking structures shall be designed so that the only openings at street level are those to accommodate vehicle entrances and pedestrian access to the structure. Any openings for ventilation, service or emergency access located on the first floor level in the building facade must be decorative and must be an integral part of the overall building design or screened from view with landscaping that is at least ten feet in height.

(b)

The balance of the street frontage of a parking structure shall be occupied by retail/office space or designed with exterior materials, structural elements, and external openings having proportions similar to those of upper floors of occupied buildings. External openings shall be screened with decorative elements such as grillwork, brick or louvers.

(c)

Parking structures which have a total length of 250 feet or more shall provide a lighted and signed ten feet wide pedestrian arcade/walkway passing completely through the parking structure near the midpoint of the longest side. This arcade/walkway shall connect with other adjacent sidewalks and to the surrounding public streets.

(Code 1993, pt. III, ch. 7, § 39)

(a)

Before placing a PODS unit on his property, a person must submit an application and receive a permit from the city. An insurance certificate providing liability insurance in the amount of $100,000.00 provided by the company supplying the POD must accompany the application.

(b)

There is a fee in the amount set out in the schedule of fees and charges for a 30-day permit. Applications can be required from the community development director.

(c)

Permits will be granted for a period of 30 days. At the expiration of the 30-day period, applicants may seek to extend their permits one time for an additional 30 days by seeking an extension for cause from the community development director. Extension of a permit will cost the amount set out in the schedule of fees and charges for the additional 30 days granted.

(d)

PODS units are prohibited from being placed in the road right-of-way streets or the front yard of a property.

(e)

All locations must be paved off-street surfaces. Portable storage units shall only be placed in the property owner's driveway or a parking area or, if access exists at the side or rear of the site, the side or rear yard. The required parking spaces shall at all times be maintained if temporary storage units are placed in parking areas.

(f)

The portable storage unit shall be no larger than eight feet in height by ten feet in width by 20 feet in length.

(g)

No more than two portable storage units are approved for any address at any one time.

(h)

The applicant, as well as the supplier, shall be responsible for ensuring that the portable storage unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.

(i)

No portable storage unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than at the residential property where the portable storage unit is located (i.e., used for retail sales) or any other illegal or hazardous material.

(j)

No portable storage unit shall be occupied as a dwelling or office/business location.

(Code 1993, pt. III, ch. 7, § 40)

(a)

No new recreational vehicle park and campground may be located in any zoning district other than G-C.

(b)

A recreational vehicle park shall be permitted only on tracts of land consisting of a minimum of four acres and having a minimum frontage of at least 60 feet on a paved public road.

(c)

The maximum number of recreational vehicle lots shall not exceed 14 lots per gross acre.

(d)

The minimum dimensions for any lot in any recreational vehicle park developed after February 28, 2011, or any additions to any existing recreational vehicle park made after February 28, 2011, shall be 40 feet wide by 70 feet long.

(e)

The minimum building setbacks for any lot in any recreational vehicle park developed after February 28, 2011, or any additions to any existing recreational vehicle park made after February 28, 2011, shall be as follows:

(f)

The coverage by accessory buildings in the recreational vehicle park shall be no greater than 20 percent of the total acreage of the park.

(g)

Each lot shall provide a stabilized vehicular parking pad, measuring no less than ten feet by 20 feet; the pad shall be composed of shell, marl, paving or stone screenings. Exposed ground surfaces in every space not protected by the vehicular parking pad shall be protected with vegetative growth such as ground cover or shrubbery that is capable of preventing soil erosion and the creation of dust.

(h)

At least 20 percent of the gross site area shall be set aside and developed as open space, recreation space and buffering between recreational vehicle spaces. Such areas may provide recreation opportunities such as swimming pools, tennis courts, picnic areas, playgrounds, and playing fields. Open space shall not include streets, parking lots, lease or rental lots, buildings, rights-of-way or sites for water and sewer treatment. Up to 50 percent of the required open space may be used for stormwater retention areas.

(i)

There shall be a landscape buffer around all recreational vehicle parks of at least 25 feet in width. Landscaping in this area shall conform to the requirements of this chapter.

(j)

All parks shall be provided with safe, convenient, paved vehicular access from a paved road to each lot.

(k)

All streets internal to the park shall have a minimum right-of-way of 30 feet, and shall be paved to city specifications.

(l)

Park entrance paving shall be at least 36 feet wide.

(m)

No entrance or exit from a park shall be permitted through a residential district.

(n)

In addition to those generally permitted accessory uses, a recreational vehicle park may also provide for the following:

(1)

One permanent residence, intended for occupation by the manager of the park; and

(2)

In parks with 100 or more lots, a retail and personal service establishment, intended exclusively for the use of the occupants of the on-site recreational vehicles and travel trailers.

(o)

All recreational vehicle parks shall undergo major site plan review.

(p)

All recreational vehicle parks shall be required to be served by centralized water and sewer services.

(Code 1993, pt. III, ch. 7, § 41)

When located in a residential district, the following standards shall be met:

(1)

The property shall contain at least two acres and be located on an arterial or connector street.

(2)

A 50-foot vegetative landscape buffer to adjacent residential zoning or residential uses is required.

(3)

Driveways and parking areas must be set back a minimum of 25 feet from side property lines.

(4)

The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties.

(5)

Any buildings or structures shall be harmonious with the surrounding character of the residential neighborhood.

(6)

Permitted related uses in addition to customary accessory uses include a chapel, library, administrative offices, including storage areas, educational facilities, fellowship hall, related kitchen and dining area, ornamental garden, and outdoor recreational facilities occupying less than 10,000 square feet.

(7)

No signage shall be permitted for accessory uses or facilities.

(8)

Outdoor activities shall be limited to the hours from 10:00 a.m. to 10:00 p.m.

(9)

Retail and commercial sales uses shall be prohibited as accessory uses to a religious facility that is located in a residential zoning district.

(10)

Schools, K—12, in addition, shall meet the standards as listed in section 111-279.

(Code 1993, pt. III, ch. 7, § 42)

(a)

The keeping of horses and use of stables shall be limited to property within the AG and R-15 and R-12 zoning districts on lots having a minimum lot area of two acres.

(b)

The entire parcel shall be fenced.

(c)

The maximum number of adult horses shall be two per acre.

(d)

Any structure or building to house the horses must be located a minimum of 100 feet from the property line.

(Code 1993, pt. III, ch. 7, § 43)

(a)

The yard must be a minimum of five acres but no more than 15 acres, with a maximum slope of five percent.

(b)

The yard shall be located no closer than 300 feet to a residential or commercial district boundary line.

(c)

The property on which the collection activity is taking place shall be surrounded by a fence, wall or vegetative screening eight feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one entrance and one exit. The entrance and exit shall be equipped with unpierced gates which shall be closed and securely locked outside of business hours. In no case shall the fence be less than a height necessary to screen effectively all storage and other operations from view.

(d)

The yard is to be located no closer than 100 feet from the right-of-way of any major arterial roadway as defined by the city.

(e)

Junked or wrecked vehicles shall not be stacked.

(f)

All sides of each individual stockpile areas shall be accessible by fire lanes. Fire lanes shall be a minimum of 1½ times the height of the pile, but in no case shall the fire lane be less than 20 feet wide.

(g)

All stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at intervals of no more than 250 feet. No portion of a stockpile yard shall be more than 200 feet away from a fire hydrant.

(h)

The total site that may be covered with debris storage areas shall not exceed 60 percent of the site.

(i)

The base area on which the stockpiles are located, and the access aisles between the stock piles, must be constructed of either a concrete surface, asphalt surface, or other clean all-weather stabilized surface that is acceptable to the city.

(j)

All recycling, scrap, waste and salvage/junkyard operations shall submit to an annual fire prevention inspection by the city fire chief.

(k)

Every recycling, scrap, waste and salvage/junkyard operation authorized under this section, shall establish a cash security fund, bond or provide the city with an irrevocable letter of credit based on the schedule below, to secure the cost of removing of all accumulated debris and materials from the site if it has been determined by the city commission, following a duly noticed public hearing, that the recycling, scrap, waste or salvage/junkyard operation has been abandoned or operations have ceased for a period in excess of six months or the permit has been revoked for any reason. The provisions of this subsection shall not apply to and recycling, scrap, waste or salvage/junkyard operation operated by any unit of local government within the city.

(Code 1993, pt. III, ch. 7, § 44)

(a)

All satellite antennas shall meet all manufacturers' specifications, be located on noncombustible and corrosion-resistant material and be erected in a secure, wind-resistant manner, in accordance with the latest version of the International Building Code and designed to withstand winds in accordance with ANSI/EIA/TIA 222 standards (latest revision), as applicable.

(b)

All satellite antennas shall be adequately grounded for protection against a direct strike of lightning.

(c)

No satellite antenna shall be allowed within a required front yard.

(d)

In residential districts:

(1)

No dish may be larger in size than 36 inches in diameter.

(2)

No satellite antenna shall be closer than five feet from the real property lines.

(3)

No advertisements of any sort shall be allowed.

(4)

In the event that usable satellite communication signals cannot be received in a permitted location, such antenna may be placed in the front yard or on the roof of the dwelling upon approval by the community development director.

(e)

In nonresidential districts:

(1)

Satellite dishes may be installed above ground level and on building roofs, but the combined height of any such antenna system and the building shall not exceed the overall height of 35 feet. All antenna systems installed on a building roof shall be located so that they may not be seen from street level. A ground-mounted satellite dish shall not exceed a height of 20 feet, including any platform or structure on which it is mounted.

(2)

All antenna systems shall be installed at least 20 feet (measured from the edge of the dish) from any adjoining residential property line.

(3)

If useable satellite signals cannot be obtained from an antenna installed in any permitted yard or with the height limitation in subsection (h) of this section, such antenna may be installed in a required front yard or at a greater height upon approval by the community development director. Under no circumstance shall such satellite antenna exceed a height of 50 feet.

(4)

All satellite television antenna systems shall be deemed accessory uses and structures and shall require a building permit before construction. An application for the permit shall be made to the community development department accompanied by a site plan sketch showing the dimensions and location of the proposed satellite television antenna system in relation to the boundaries, setback lines and existing structures on the property.

(Code 1993, pt. III, ch. 7, § 45)

(a)

This use shall be located with direct access to an arterial or connector street.

(b)

The minimum lot size shall be as follows:

(1)

Elementary school. Two acres, plus one acre for each 100 student capacity.

(2)

Middle school. Three acres, plus one acre for each 100 student capacity.

(3)

High school. Five acres, plus one acre for each 100 student capacity.

(c)

A 50-foot landscape buffer is required adjacent to residential zoning districts or residential uses.

(d)

Driveways and parking areas must be set back 25 feet from side property lines.

(e)

The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties.

(f)

Any buildings or structures shall be harmonious with the surrounding character of the residential neighborhood.

(g)

Permitted accessory uses in addition to customary accessory uses include a chapel, library, administrative offices, educational facilities, fellowship hall, related kitchen and dining area, ornamental garden, and outdoor recreational facilities occupying less than 10,000 square feet.

(h)

No signage shall be permitted for accessory uses or facilities.

(i)

Outdoor activities shall be limited to the hours from 10:00 a.m. to 10:00 p.m.

(j)

Recreational facilities and associated outdoor lights shall be located at least 100 feet from property lines with adjacent residential properties and uses.

(k)

Retail and commercial sales uses shall be prohibited as accessory uses to a private school that is located in a residential zoning district.

(Code 1993, pt. III, ch. 7, § 46)

(a)

The collection operations shall be limited to the acceptance of glass, plastic, paper, cardboard, metal cans, non-ferrous materials and yard waste.

(b)

The property on which the collection activity is to take place shall be at least one acre and not more than four acres in total area.

(c)

The property on which the collection activity is taking place shall be surrounded by a fence, wall or vegetative screening eight feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one entrance and one exit. The entrance and exit shall be equipped with unpierced gates which shall be closed and securely locked outside of business hours.

(d)

The reprocessing of the collected material into any other product, byproduct or other use or form is not allowed, unless the reprocessing is allowed in conjunction with manufacturing of a new product or material as would otherwise be permitted in M-1 or M-2 districts.

(e)

No junked vehicle or any other junk or scrap shall be located for storage, dismantling or any other purpose.

(f)

All sides of each individual stockpile area shall be accessible by fire lanes. Fire lanes shall be a minimum of 1½ times the height of the pile, but in no case shall the fire lane be less than 20 feet wide.

(g)

All stockpiles shall be surrounded with a network of fully operating fire hydrants spaced at intervals of no more than 250 feet. No portion of a stockpile yard shall be more than 200 feet away from a fire hydrant.

(h)

The total site that may be covered with debris storage areas shall not exceed 60 percent of the site.

(i)

The base area on which the stockpiles are located, and the access aisles between the stock piles, must be constructed of either a concrete surface, asphalt surface, or other clean all-weather stabilized surface that is acceptable to the city.

(j)

All recycling, scrap, waste and salvage/junkyard operations shall submit to an annual fire prevention inspection by the city fire chief.

(k)

Every recycling, scrap, waste and salvage/junkyard operation authorized under this section, shall establish a cash security fund, bond or provide the city with an irrevocable letter of credit based on the schedule below, to secure the cost of removing of all accumulated debris and materials from the site if it has been determined by the city commission, following a duly noticed public hearing, that the recycling, scrap, waste or salvage/junkyard operation has been abandoned or operations have ceased for a period in excess of six months or the permit has been revoked for any reason. The provisions of this subsection shall not apply to and recycling, scrap, waste or salvage/junkyard operation operated by any unit of local government within the city.

(Code 1993, pt. III, ch. 7, § 47)

Storefront religious facilities are religious facilities in existing structures in G-C (General Commercial) and G-W (Gateway Commercial) zoning districts. Such use shall be limited to the worship activities of the named applicant for the temporary use permit including educational programs conducted in conjunction with the worship service, but shall not include child care programs conducted independently from the worship service or the establishment of schools. The temporary permit used shall be valid for a period of one year. One extension of maximum one year to the initial one-year period shall be granted only if the commission determines that the religious facility has made a good faith effort to relocate to a permanent facility. Alcohol distance requirements shall not apply.

(Code 1993, pt. III, ch. 7, § 48)

(a)

All swimming pools, unless entirely screened in, shall be completely enclosed with a fence or wall at least four feet high and so constructed as to be not readily climbable by children. All gates and doors providing access to the pool area shall be securely locked when the pool area is not in actual use or shall be equipped with a self-closing and self-latching device installed on the pool side. The fence and gate shall be installed prior to filling the pool with water.

(b)

All swimming pools must be consistent with appendix G of the International Residential Code.

(Code 1993, pt. III, ch. 7, § 49)

(a)

Temporary uses are permitted in certain zoning district subject to the following standards, provided that all temporary uses shall meet the dimensional and parking requirements for the zoning district in which the use is located.

(b)

Permitted temporary uses:

(1)

Garage sales.

(2)

Indoor and outdoor craft shows, bazaars, carnivals, revivals, circuses, sports events and exhibits provided that no more than four events of ten days each are conducted on the same property during any calendar year. Allowed in the following zoning districts or locations: town center commercial district, gateway district, general commercial district, neighborhood commercial district, residential professional districts, industrial districts, city parks, churches, and case-by-case location approval.

(3)

Tents for temporary uses and functions that are used as temporary cover during special events or sales provided that the applicant secures a written statement from the fire chief that the tents under which the use is to be held are fire- retardant material and will not constitute a fire hazard.

(4)

Christmas tree sales.

(5)

Construction offices, which may also be used for security purposes, and equipment sheds in which erection, addition, relocation or structural relocation is taking place provided that such use shall be limited to the period of actual construction.

(6)

Manufactured homes may be used as construction offices in any district in which erection, addition, relocation, or structural relocation is taking place, provided that such use shall be limited for the period of actual construction; tie down permits shall be obtained; all such manufactured homes shall comply with applicable regulations; and the manufactured home in which the security employee lives shall not remain after the period of actual construction.

(7)

Religious facilities in existing structures in C-G (commercial general) and G-W (gateway commercial) zoning districts. Such use shall be limited to the worship activities of the named applicant for the temporary use permit including educational programs conducted in conjunction with the worship service, but shall not include child care programs conducted independently from the worship service or the establishment of schools. The temporary permit used shall be valid for a period of five years. Extensions to the five-year period shall be granted only if the commission determines that the religious facility has made a good faith effort to relocate to a permanent facility. Alcohol distance requirements shall not apply.

(8)

Temporary on-site real estate offices. Included as part of site plan approval, specific authorizations may be granted permitting the installation or construction of a temporary on-site sales office prior to the issuance of any building permits for the primary portions of a development project. All on-site sales offices shall be constructed in accordance with applicable city regulations and shall be required to obtain all necessary permit approvals, including, but not limited to, stormwater management permits, driveway permits and all required building and public health permits. All temporary on-site sales offices shall be removed from the development site upon the completion of the last phase or unit of the approved development.

(9)

Special vehicle and boat sales events on sites not approved for the permanent display vehicle and boat sales may be approved by the community development director provided that these events shall be conducted on property having a C-G, G-W, M-1 or M-2 designation or on property approved and designated by the city as special events sites. Such events shall be conducted on property with existing, permanent and permitted driveways and access points. The event shall have a duration of four or fewer consecutive days and shall be conducted by one or more dealers having a valid local business license. Sanitary facilities shall be provided in accordance with applicable health department regulations. Used motor vehicle dealers must have a temporary site permit issued by the state board of used motor vehicle dealers before the city issues a local occupational license

(Code 1993, pt. III, ch. 7, § 50; Ord. No. 04242023, 4-24-2023)

Trash and refuse shall either be stored inside a building or within an opaque screened area, which shall be at least six feet high.

(Code 1993, pt. III, ch. 7, § 51)

(a)

Structures shall be placed no less than 50 feet from any property line.

(b)

Structures are to be enclosed by a solid or chainlink fence or wall at least six feet in height above finished grade.

(c)

The lot shall be suitably landscaped, including a buffer strip at least ten feet wide along the front, side and rear property lines; planted with one tree for every 30 feet and a continuous hedge or shrubs that will grow eight feet tall and provide an effective visual screen.

(Code 1993, pt. III, ch. 7, § 52)

(a)

Any structure used as an animal hospital or veterinary clinic shall be located and its activities conducted at least 50 feet from any property line in any residential district.

(b)

Medical treatment or care shall be practiced only within an enclosed building or structure.

(c)

Kennel or boarding operations incidental to the principal use shall be permitted only within an enclosed building or structure located at least 100 feet from the property line in any residential zoning district. Sound proofing of the building is required.

(d)

Outdoor runs are permitted in any other zoning district. Drains need to be connected to an approved sanitary facility. Odor and pest control are required. Hours of operation for outdoor runs are 8:00 a.m. to 7:00 p.m.

(e)

All kennels must be licensed by the state department of agriculture.

(Code 1993, pt. III, ch. 7, § 53; Ord. No. 05082017(3), 5-8-2017)