(a)

The following zoning districts are hereby established:

(1)

R-1—Residential, one- and two-family.

(2)

R-2—Residential, multiple-family (excluding condominiums).

(3)

R-3—Residential, one- and two-family rural.

(4)

R-4—Residential, condominiums.

(5)

B-1—Business, central.

(6)

B-2—Business, general.

(7)

I-1—Industrial, enclosed storage.

(8)

I-2—Industrial, open storage.

(9)

A—Agriculture.

(10)

C—Conservancy.

(11)

FP—Floodplain.

(12)

FW—Floodway.

(b)

Boundaries of these districts are hereby established as shown on a map entitled "Zoning Map, City of Durand, Wisconsin," dated March 1, 1982, and thereafter amended, which amended map accompanies and is part of this article.

(c)

Such boundaries shall be construed to follow: corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way; unless otherwise noted on the zoning map.

(d)

Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(Code 2006, § 8.3.3(A))

Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.

(3)

Boundaries indicated as approximately following municipal boundaries shall be construed as following municipal boundaries.

(4)

Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as approximately following shorelines or bulkhead lines shall be construed to follow such lines, and in the event of change in the line shall be construed as moving with the actual shoreline or bulkhead line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as approximately parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

(7)

Boundaries of the floodplain district shall be construed to follow the limits of the regional flood.

(Code 2006, § 8.3.3(B))

There shall be not more than one principal dwelling and two accessory structures, including a private garage, on each lot in any R-zone, except as provided in this chapter.

(Code 2006, § 8.3.3(C))

No person shall use land or a building or structure or erect, construct, reconstruct, move or structurally alter a building, structure, or part thereof, except in conformance with the following regulations: Permitted uses in each zone shall be mutually exclusive except as otherwise indicated.

(Code 2006, § 8.3.3(D))

(a)

Where permitted. Within a single dwelling unit and only by the person or persons maintaining a dwelling therein provided that only one such use shall be permitted on one lot. No more than one nonresident person shall be employed in the home.

(b)

Evidence of use. One sign having an area of not more than one square foot, or two square feet if attached to the home, shall be permitted.

(c)

Extent of use. Does not utilize more than 25 percent of the gross floor area of the dwelling unit.

(Code 2006, § 8.3.3(E))

(a)

Purpose.

(1)

R-1. To protect the integrity of the residential areas by prohibiting incursion of incompatible nonresidential uses. To maintain compact residential development around existing urban-residential areas. To locate this zone in areas without a severe soil limitation for urban development with public sewers. To locate one- and two-family residences only.

(2)

R-2. To protect the integrity of the residential areas by prohibiting incursion of nonresidential uses. To maintain compact residential development around the existing urban-residential areas. To locate this zone in areas without a sever soil limitation for urban development with public sewers. To locate residences of three or more families.

(3)

R-3. To provide a district not needing public sewer, yet guarding against surface and subsurface water pollution. To locate this zone in areas without a severe soil limitation for residential development without public sewer on lots of one acre or more.

(4)

R-4. To protect the integrity of the residential areas by prohibiting the incursion of incompatible residential uses. To maintain compact residential development around the existing urban-residential areas. To locate this zone in areas without a severe soil limitation for urban development with public sewers. To locate residential condominiums as defined and as per regulations set forth in Wis. Stats. ch. 703.

(5)

B-1. To provide for commercial activities only. To delineate areas appropriate for commercial uses which are oriented toward the central business district.

(6)

B-2. To provide for commercial activities only. To delineate areas appropriate for commercial uses which are either oriented to the highway user or intended to service vehicles. To locate this zone in areas without a sever soil limitation for urban development with public sewers.

(7)

I-1. To delineate those areas to be used for industrial development only. To delineate areas to be used for closed storage.

(8)

I-2. To delineate those areas to be used for industrial development only. To delineate areas to be used for open storage.

(9)

A. To provide for controlled development by requiring large lots and thus minimizing urban sprawl. To provide convenient units for re-subdivision to residential when public sewers are installed. To provide for a minimum lot size of five acres. To locate one-family dwellings in areas without a severe soil limitation for residential development without public sewers on lots of one acre or more.

(10)

FP. To delineate areas subject to regional flooding by lakes or streams and to minimize flood damage and inconvenience during time of flood and protect the health and safety of the people in the area and those downstream.

(11)

FW. To delineate areas for the free flow of floodwaters.

(12)

C. To delineate those areas where substantial development of the land in the form of buildings or severe physical features or lack of proper facilities. To delineate the floodplain and to prevent unsuitable uses from locating in such floodplain, for the preservation of scenic, historic and scientific areas.

(b)

Principal permitted uses.

(1)

R-1. One-family dwelling with sanitary sewer, two-family dwelling with sanitary sewer.

(2)

R-2. Same as R-1. Multiple-family dwelling with sanitary sewer, Townhouses subject to special provisions of section 113-107 with sanitary sewer.

(3)

R-3. One-family dwelling. Two-family dwelling.

(4)

R-4. Condominium structures not to exceed the following:

a.

Four single-family units per structure.

b.

Three structures per lot.

(5)

B-2. Antiques store, appliance store, bar or cocktail lounge, bakery, barbershop, beauty shop, book and stationery store, car showroom or rental establishment, cigar store, club or lodge, department store, drug store, dry goods and variety store, eating and drinking place, financial institution, florist, food store, furniture store, gift shop, hardware store, hobby shop, hotel or motel, indoor amusement such as theater, bowling alley, pool hall, laundry or dry cleaning reception and delivery depot, library, locksmith, museum, music store, newspaper office and press room, newsstand, night club, office, business, professional, government, utility, travel agent, office equipment store, package liquor store, paint and wallpaper store, pawn shop, photographic equipment and supply store, professional, business or technical school, and school or studio for art, music, dancing or photography, radio or television repair shop, radio or television studio, shoe repair shop, shoe sales, soda fountain, specialty shop, sporting or athletic goods, tailor and dressmaker, taxi stand, wearing apparel store.

(6)

B-2. Same as B-1.

(7)

I-1. Manufacturing, processing, repairing or warehouse use, wholesale establishment, laboratory, assembly of previously prepared material.

(8)

I-2. Same as I-1.

(9)

A. Agriculture, dairying, forestry, general farming, greenhouse, hatcheries, horticulture, livestock raising, poultry raising, paddocks, truck farming, one-family dwelling, public and semi-public uses.

(10)

FP. Parks and open spaces.

(11)

FW. Channels, channel markers, navigational aids, bridges, culverts, stream crossings, transmission lines, piers and wharves.

(12)

C. Fishing, preservation of scenic, historic and scientific areas, soil and water conservation, streambank and land and shore protection, water retention, floodplain, wildlife preserve, and public parks.

(c)

Accessory uses.

(1)

R-1. Essential services, home occupation and professional office (section 113-70), private garage or parking area, swimming pool.

(2)

R-2. Same as R-1.

(3)

R-3. Same as R-1.

(4)

R-4. Essential services, parking garage or parking areas.

(5)

B-1. Dwellings over other permitted uses, essential services, parking garage or parking area.

(6)

B-2. Same as B-1, sections 113-104 (public and semi-public uses) and 113-108 (planned development groups).

(7)

I-1. Dock facility, essential services, rail tracks and spur line.

(8)

I-2. Same as I-1.

(9)

A. Essential services.

(10)

FP. Not applicable.

(11)

FW. Essential services.

(12)

C. Essential services.

(d)

Conditional uses.

(1)

R-1. Library, museum, nursery, day care center, adolescent day care center, adult day care center, elementary and secondary schools, whether public or private or parochial, park or playground, photographic studio, real estate brokers, section 113-104 (public and semi-public uses), section 113-105 (residential uses), and section 113-112 (zero-lot line dwellings).

(2)

R-2. Boardinghouse, day care center, adolescent day care center, adult day care center, section 113-104 (public and semi-public uses), section 113-105 (residential uses), and section 113-112 (zero-lot line dwellings).

(3)

R-3. Section 113-104 (public and semi-public uses) and mobile home park if in compliance with section 113-109.

(4)

R-4. Section 113-104 (public and semi-public uses).

(5)

B-1. Automobile sales and service establishment, boat sales establishment, bus terminal, car wash, caterer, day care center, adolescent day care center, adult day care center, family day care home, dry-cleaning plant, electric supply store, laundry, lumber yard, newspaper office and plant, public garage, railroad terminal, steam bath house, veterinary offices and animal sales, warehouse, wholesale establishment. Manufacturing and processing in enclosed buildings of: dental products, dress and garments, jewelry, laboratory works, monuments, musical instruments, office products, photographic printing, lithographing, typesetting, ruling and binding, toys and novelties. Places of worship, section 113-104 (public and semi-public uses), section 113-108 (planned development groups).

(6)

B-2. Automobile sales and service establishment, boat sales or rental establishment, bus depot, caterer, car wash, day care center, adolescent day care center, adult day care center family day care home, electrical supply store, food locker, funeral home, greenhouse, laundry (automatic), public garage, outdoor amusement, such as miniature golf course or theater, trailer sales or rental establishment, vegetable and fruit market.

(7)

I-1. Animal hospital and kennel, commercial boat dock, hotel or motel, office, restaurant, section 113-104 (public and semi-public uses), section 113-106 (mineral extraction) and section 113-108 (planned development groups).

(8)

I-2. Dump, junk yard, section 113-104 (public and semi-public uses), section 113-106 (mineral extraction), and section 113-108 (planned development groups).

(9)

A. Animal hospital if 100 feet or more from any residential district, archery range, driving range, golf course, section 113-106 (mineral extraction).

(10)

FP. All permitted uses within their respective districts as mapped, subject to the following conditions:

a.

No storage of materials that are buoyant, flammable, explosive or dangerous to human, animal or plant life unless completely enclosed in a floodproofed structure.

b.

All structures erected shall be floodproofed to a level two feet above the regional flood level shown on the zoning map.

c.

No uses requiring fill or flood protection, unless evidence presented to the board of appeals indicates the use will not substantially decrease the storage capacity of the floodplain, increase flood heights upstream or imperil the public health, safety, convenience and general welfare.

d.

No uses involving the housing of animals other than household pets.

(11)

FW. Buildings, structures, and the storage of materials necessary for the operation of a harbor, marina, or boat landing provided that the structures and uses are designed or arranged so as not to increase, in time of flood, pollution in the stream or hazards to life or property by reason of flotation, fire, explosion, leakage, solution or other means of transfer to or dispersal in the stream.

(12)

A. Drainage, water measurement and water control facilities, park buildings, utilities, and wild crop harvesting.

(e)

Minimum lot area.

(1)

R-1: 8,000 square feet.

(2)

R-2: 8,000 square feet provided that multiple-family dwelling shall have 2,500 square feet per dwelling unit.

(3)

R-3: one acre.

(4)

R-4: 3,000 square feet per single-family unit.

(f)

Minimum lot width.

(1)

R-1: 70 feet.

(2)

R-2: 70 feet.

(3)

R-3: 140 feet.

(4)

R-4: 70 feet.

(g)

Minimum yard dimensions.

(1)

Principal building (see exceptions in section 113-139(b)).

a.

R-1. Street: 25 feet; side: minimum eight feet on one side, total of 20 feet; rear: 25 feet.

b.

R-2. Street: 20 feet; side: same as R-1; rear: same as R-1. Multiple-family dwelling: the lesser of one-half the height or one-half the width of the building.

c.

R-3. Street: 40 feet; side: same as R-1; rear: same as R-1.

d.

R-4. Street: 25 feet; side and rear: the lesser of one-half the height or one-half the depth of the principal structure.

e.

B-1. None.

f.

B-2. Street: 25 feet; side: ten feet where adjacent to an R-zone; rear: 25 feet where adjacent to an R-zone only, which may include alley width.

g.

I-1. Total area: 7,500 square feet; front: 25 feet; side and rear: ten feet, excluding rail track or public alley except where adjacent to an R-zone, in which case yard shall be not less than 25 feet excluding rail tracks, public alley or street width.

h.

I-2. Total area: 7,500 square feet; front: 25 feet; side and rear: ten feet, including rail track or public alley, except where adjacent to an R-zone, in which case yard shall be not less than 50 feet excluding rail tracks, public alley or street width.

i.

A. Total area: three acres; front: 150 feet; side and rear: same as R-2.

j.

FP, FW and C. Not applicable.

(2)

Accessory building.

a.

R-1. Side: five feet; rear: five feet, provided that three feet shall be the minimum dimension abutting an alley.

b.

R-2. Side: three feet; rear: five feet, provided that three feet shall be the minimum dimension abutting an alley.

c.

R-3. Same as R-2.

d.

R-4. Side: five feet; rear: five feet.

e.

B-1. None.

f.

B-2. Street: 25 feet; side and rear: ten feet where adjacent to an R-zone.

(h)

Maximum lot coverage.

(1)

R-1. Principal building not to exceed 27 percent; accessory building not to exceed eight percent.

(2)

R-2. One- and two-family: same as R-1. Three-family or more: principal building not to exceed 40 percent, accessory building not to exceed ten percent.

(3)

R-3. Principal building not to exceed seven percent; accessory building not to exceed nine percent.

(4)

R-4. Principal building not to exceed 40 percent; accessory building not to exceed ten percent.

(i)

Maximum building height.

(1)

R-1. Principal building: two stories, but not over 35 feet; accessory building: one story, but not over 15 feet.

(2)

R-2. Same as R-1. Multiple-family dwellings: three stories, but not over 35 feet.

(3)

R-3. Same as R-1.

(4)

R-4. Principal building: one story, but not over 18 feet; accessory building: one story, but no over 15 feet.

(5)

B-1. Principal building: 45 feet where adjacent to an R-zone, otherwise 60 feet; accessory building: two stories, but not over 15 feet where adjacent to an R-zone.

(6)

B-2. Principal building: 45 feet; accessory building: two stories, but not over 15 feet.

(7)

I-1. None.

(8)

I-2. None.

(9)

A. Front: same as R-2; side and rear: one-half the height of building excluding width of alley for principal building and one-half the height of building including width of alley but not less than five feet where abutting an alley.

(j)

Prohibited uses.

(1)

I-1. Any use which does not comply with the performance standards specified in article IV, division 3 of this chapter. Any use not specifically permitted.

(2)

I-2. Same as I-1.

(3)

A. Not applicable.

(4)

FP. Not applicable.

(5)

FW. Not applicable.

(6)

C. Not applicable.

(k)

Extent of enclosure.

(1)

I-1. All uses, including storage, shall be entirely within enclosed buildings.

(2)

I-2. Open storage permitted if in compliance with section 113-139.

(3)

A. Not applicable.

(4)

FP. Not applicable.

(5)

FW. Not applicable.

(6)

C. Not applicable.

(Code 2006, § 8.3.3(F); Ord. No. 454, § I, 4-12-2001; Ord. No. 487, § 1, 9-12-2007)

All day care centers, adolescent day care centers, adult day care centers and family day care homes must be appropriately licensed, if required, by a state or local governmental agency, before they may be approved as a conditional use in any R-1, R-2, B-1 or B-2 district, as the case may be.

(Code 2006, § 8.3.3(G))

(a)

The zoning agency shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation.

(b)

Conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the zoning agency upon its finding that these are necessary to fulfill the purpose and intent of this article.

(c)

Compliance with all other provisions of this article, such as lot width and area, yards, height, parking loading, traffic, highway access, and performance standards, shall be required of all conditional uses.

(d)

Notice of hearing and copies of decisions which affect the floodplain district shall be sent to the department of natural resources.

(Code 2006, § 8.3.4(A))

The following public and semi-public uses shall be conditional uses and may be permitted as specified:

(1)

Airports, airstrips, and landing fields in the A district, providing that these facilities meet the regulations contained in Wis. Stats. §§ 114.135 and 114.136.

(2)

Clubs, fraternities, lodges, and meeting places of a noncommercial nature in the agriculture and residential districts, provided all principal structures and uses are not less than 25 feet from any lot line.

(3)

Governmental and cultural uses, such as administration buildings, fire and police stations, community centers, libraries, and museums, in all residential, business and industrial districts.

(4)

Utilities, in all districts, provided all principal structures and uses are not less than 50 feet from any residential district lot line.

(5)

Public passenger transportation terminals, such as heliports, bus and rail depots, except airports, airstrips and landing fields, in all business districts and the I-1 industrial district, provided all principal structures and uses are not less than 100 feet from and residential district boundary.

(6)

Public, parochial, and private elementary and secondary schools and churches in the R-1 district, provided the lot area is not less than one acre and all principal structures and uses are not less than 50 feet from any lot line.

(7)

Colleges, universities, hospitals, sanitariums, religious, charitable, penal and correctional institutions, cemeteries and crematoriums in all residential, business, and agricultural districts, provided all principal structures and uses are not less than 25 feet from any lot line.

(Code 2006, § 8.3.4(B))

The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:

(1)

Planned residential developments, such as cluster developments, garden apartments, townhouses, condominiums and group housing in the R-1, R-3 and R-4 residential districts.

(2)

The proper preservation, care, and maintenance by the original and all subsequent owners of the exterior design; all common structures, facilities, utilities, access and open spaces shall be ensured by deed restrictions enforceable by the community. The following provisions shall be complied with:

a.

Development: minimum ten acres.

b.

Lot area: minimum of two-thirds of the minimum lot area for the district in which located; minimum 3,000 square feet for row houses.

c.

Lot width: minimum of two-thirds of the minimum lot width for the district in which located; minimum 20 feet for row houses.

d.

Building area: maximum lot coverage of 40 percent.

e.

Yards, Street: minimum 20 feet; rear: minimum 50 feet; side: minimum 20 feet from street right-of-way, exterior property lines of the development, and other buildings.

f.

Dedication of public park: four out of every ten acres or one acre for every 15 dwelling units, whichever is the least.

(3)

Rest homes, nursing homes, homes for the aged, clinics, and day care centers, adolescent day care centers, adult day care centers and family day care homes in the R-1 and R-2 residential districts and B-1 and B-2 business districts, provided all principal structures and uses are not less than ten feet from any lot line.

(Code 2006, § 8.3.4(C))

Mineral extraction operations, including washing, crushing, or other processing, are conditional uses and may be permitted in the I-2 district provided:

(1)

The application for the conditional use permit shall include an adequate description of the operation; a list of the equipment, machinery, and structures to be used; the source, quantity, and disposition of water to be used; a topographic map of the site showing existing contours with minimum vertical contour interval of five feet, trees, proposed and existing access roads, the depth of all existing and proposed excavations; and a restoration plan.

(2)

The restoration plan provided by the applicant shall contain proposed contours after filling, depth of the restored topsoil, type of fill, planting or reforestation, restoration commencement and completion dates. The applicant shall furnish the necessary fees to provide for the inspection and administrative costs and the necessary sureties which will enable the community to perform the planned restoration of the site in the event of default by the applicant. The amount of such sureties shall be based upon cost estimates prepared by the engineer and the form and type of such sureties shall be approved by the community's legal counsel.

(3)

The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon application for a period not to exceed two years. Modifications or additional conditions may be imposed upon application for renewal.

The zoning agency shall particularly consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character, and land value of the locality and shall also consider the practicality of the proposed restoration plan for the site.

(Code 2006, § 8.3.4(D))

The following standards and not the standards contained in the schedules of regulations shall be applied to the construction of townhouses:

(1)

The overall density shall not exceed 20 dwelling units per acre.

(2)

The average lot width shall be 20 feet, however, no individual lot shall be narrower than 18 feet.

(3)

The average maximum lot coverage of principal and accessory buildings shall not exceed 50 percent and no individual lot shall be covered more than 60 percent.

(4)

The average front yard setback shall be 20 feet, but no building shall be located closer to the front property line than 15 feet.

(5)

Side yards of not less than 20 feet in width shall be provided at least every 160 feet.

(6)

The rear yard shall be not less than 20 percent of the depth of the lot.

(7)

No structure shall be higher than three stories or 35 feet.

(8)

One off-street parking space of not less than 180 square feet in area, exclusive of access drive or aisle, shall be provided for each dwelling unit.

(Code 2006, § 8.3.4(E))

Planned development groups shall be permitted in appropriate zones only after specific approval by the zoning agency and the governing body. The application shall show the proposed use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian traffic, parking, public uses, such as schools, and playgrounds, landscaping, and other open spaces, architectural drawings and sketches showing design of structures and their relationship, and such other information as may be requested by such bodies for a determination that it is desirable to deviate from certain other provisions of this article. The application shall be first referred to the zoning agency for 30 days for examination of the application for compliance with all applicable ordinances. The following regulations shall apply:

(1)

Spacing and orientation of building groups for residential . Walls containing main window exposures or main entrances shall be so oriented as to ensure adequate light and air exposures.

a.

Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

b.

A building wall containing windows and an entrance way shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 50 feet.

c.

A building wall containing only windows or only an entrance way shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 25 feet.

d.

A building group shall not be so arranged that any temporary or permanently inhabited building is inaccessible to emergency vehicles.

e.

For commercial and industrial: exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.

f.

A building group shall not be so arranged that any permanently or temporarily occupied building is inaccessible to emergency vehicles.

(2)

Circulation. There shall be adequate, safe and convenient arrangement of pedestrian circulation facilities, roadway, driveways, off street parking and loading space.

a.

There shall be an adequate amount, in a suitable location, of pedestrian walks, malls and landscaped space, to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls, and public transportation loading places, from general vehicular circulation facilities.

b.

Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

(3)

Paving and drainage. There shall be adequate design of grades, paving, gutters, drainage and treatment of turf, to handle stormwaters, prevent erosion and formation of dust.

(4)

Signs and lighting. Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential districts.

(Code 2006, § 8.3.4(F))

(a)

The following are the requirements for mobile home parks:

(1)

Minimum size: five acres.

(2)

Minimum size lot per mobile home: 3,000 square feet.

(3)

Minimum width of a mobile home site: 40 feet.

(4)

Maximum height of a mobile home trailer: 15 feet.

(5)

Minimum distance between mobile home trailers: 20 feet.

(6)

Minimum distance between mobile home and service road: ten feet.

(b)

Each mobile home site shall be connected to a public water supply system and a public sewage disposal system or a private sewage disposal and water system in accordance with state rules that is approved by the state.

(c)

All drives, parking areas and walkways shall be sub-surfaced. There shall be one parking space for each mobile home and additional parking spaces for automotive vehicles within the park, totaling not less than one and a quarter parking spaces for each mobile home space.

(d)

No mobile home sales office or other business or commercial use shall be located on the mobile home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage and one office are permitted.

(e)

Minimum side yard setback: 40 feet at all front, side and rear lot lines of the mobile home park.

(f)

Each mobile home park shall be completely enclosed, except for permitted entrances and exits, by:

(1)

A temporary planting of fast growing material, capable of reaching a height of 15 feet or more; and

(2)

A permanent evergreen planting, the individual trees to be of such a number and so arranged that within ten years they will have formed a dense screen. Such permanent planting shall be grown or maintained to a height of not less than 15 feet.

(g)

All mobile homes shall meet the construction standards of the Mobile Homes Manufacturers Association.

(h)

All mobile home parks shall comply with the sanitation regulations of the state department of health services.

(Code 2006, § 8.3.4(G))

Except as otherwise provided in this article, no trailer shall be located except in a federal, state, county or city camp or in a private campsite. Private campsites shall meet the following conditions:

(1)

Each trailer site shall be plainly marked and surfaced.

(2)

Maximum number of trailer sites shall be ten per acre.

(3)

All drives and parking areas other than those at individual trailers sites shall be subsurfaced.

(4)

Central toilet, shower and washing facilities shall be provided in sufficient quantity, as determined by the state.

(5)

The water supply shall be approved by the state department of health services.

(6)

The manner of sewage disposal shall be approved by the state department of health services.

(7)

No trailer shall be less than 50 feet from the front, side or rear lot lines of the camp.

(8)

Marsh land and shoreline areas shall not be altered.

(Code 2006, § 8.3.4(H))

The zoning agency shall require that the applicant submit a plan or document certified by a registered professional engineer that the following floodproofing measures are consistent with the flood protection elevation for the particular area:

(1)

Anchorage to resist flotation and lateral movement.

(2)

Installation of watertight doors, bulkheads and shutters.

(3)

Reinforcement of walls to resist water pressure.

(4)

Use of paints, membranes or mortars to reduce seepage of water through walls.

(5)

Addition of mass or weight to structures to resist flotation.

(6)

Installation of pumps to lower water levels in structures.

(7)

Construction of water supply and waste treatment systems to prevent the entrance of floodwaters.

(8)

Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures.

(9)

Construction to resist rupture or collapse caused by water pressure or floating debris.

(10)

Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

(Code 2006, § 8.3.4(I))

Zero-lot line dwellings are conditional uses in the R-1 and R-2 districts and may be permitted as specified:

(1)

A lot that contains, or will contain, two attached dwelling units may be divided into two separate ownerships by a certified survey map prepared by a certified land surveyor with each resulting lot containing one zero-lot line dwelling.

(2)

The minimum lot area, minimum lot width, minimum yard dimensions, accessory building, maximum lot coverage, and maximum building height requirements for each lot containing a zero-lot line dwelling are the same as those set forth in section 113-71, except that the minimum lot area may be reduced to 6,000 square feet, the minimum lot width may be reduced to 60 feet, the side yard opposite the zero side yard setback may not be less than eight feet, the principal building maximum lot coverage shall not exceed 34 percent, and the accessory building maximum lot coverage shall not exceed ten percent through approval of said conditional use permit. Patios and decks may have a zero setback for the zero side yard setback.

(3)

A joint or attached driveway serving attached zero-lot line dwellings is permitted, provided a joint driveway application has been approved by the city zoning administrator.

(4)

The plans, specifications, and construction shall require the installation and construction of separate sewer, water, and other utility services to each zero-lot line dwelling.

(5)

Both lots containing attached zero-lot line dwellings shall be held under the same ownership until the completion of construction of the zero-lot line dwellings.

(6)

A two-foot eve protrusion shall be permitted across the zero side yard setback into the adjoining lot. Additionally, easements shall be provided across both lots containing attached zero-lot line dwellings where necessary for water, sewer, and utility services.

(7)

An eight-foot maintenance easement, four feet on each side of the zero side yard setback, shall be created to allow for normal maintenance of each attached zero-lot line dwelling. Additionally, a maintenance agreement approved by the city zoning administrator shall be entered into by the owners of the attached zero-lot line dwellings in order to ensure that equal and reasonable maintenance and repairs are performed on the attached zero-lot line dwellings.

(8)

Easements necessary for water, sewer, and utility services, the eight-foot maintenance easement, and the maintenance agreement shall be recorded with the county register of deeds.

(9)

The exterior and roof materials on each attached zero-lot line dwelling shall be of the same color, quality, and consistency. The common wall between the attached zero-lot line dwellings shall be a one hour firewall running from the lowest floor level, including the basement, to the underside of the roof sheeting. The basement wall, if any, shall be waterproofed masonry.

(10)

A statement shall be placed on the face of all certified survey maps creating zero-lot line dwellings stating: "When two attached, single-family dwelling units are created, matters of mutual concern to the adjacent property owners, due to construction, catastrophe, and/or maintenance, shall be guarded against by private covenants and deed restrictions and the city shall not be responsible for the same." Additionally, a restrictive covenant shall be placed on all certified survey maps stating: "Building permits are limited to the development of zero-lot line dwellings on lots through inclusive, unless two adjoining lots are combined and used as a single lot for the construction of a one-family dwelling."

(Code 2006, § 8.3.4(J); Ord. No. 487, § 2, 9-12-2007)