No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.

(Code 1994, § 5-4-1)

No application for a building permit or other permit or license or for a certificate of occupancy shall be issued or approved and no permit or license shall be issued or approved which would authorize the use or change in use of any land or building contrary to the provisions of this title, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this title.

(Code 1994, § 5-4-2)

(a)

No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height, a higher ratio of lot coverage, or smaller open space about it than permissible under the limitations set forth herein for the district in which such building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, stage towers or scenery lofts, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other provisions of title 4.

(b)

No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard, or court or other open space or lot area requirements of this title shall thereafter, by reason of change in ownership or for any other reason, be used to satisfy the yard, court, open space or lot area requirements of any other building or dwelling group.

(c)

No usable open space or off-street parking space or loading space existing or provided hereafter for any building shall be reduced below the minimum requirements hereinafter set forth for such usable open space, parking space or loading space, nor further reduced if already less than the minimum requirements.

(Code 1994, § 5-4-3; Ord. No. 3033, § 1, 12-2-1997)

(a)

When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

(b)

Any single lot or parcel of land which is of record as being separately owned from adjoining properties since the time of adoption of the ordinance from which this title is derived, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open space are not less than 75 percent of the minimum required dimensions or areas.

(Code 1994, § 5-4-4)

Except as otherwise provided in this title and in planned developments, every building shall be constructed or erected upon a lot or parcel of land which abuts on a public street.

(Code 1994, § 5-4-5; Ord. No. 1389, 8-30-1977; Ord. No. 3045, § 1, 1-13-1998)

Nothing in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of the ordinance from which this title is derived and upon which building actual construction has been diligently carried on, and provided, further, that such building shall be completed within one year from the date of passage and publication of this title.

(Code 1994, § 5-4-6)

Except in planned developments and for institutions, commercial and industrial structures, every principal building hereafter erected or structurally altered shall be located on a zoning lot as herein defined and in no case shall there be more than one such principal building on one zoning lot.

(Code 1994, § 5-4-7)

An area indicated on the zoning district map as a public park, recreation area, public school site, cemetery or other similar open space, shall not be used for any other purpose than that designated; and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until such time as the city council designates a different classification in accordance with provisions of this title.

(Code 1994, § 5-4-8)

(a)

Except as otherwise provided in this Code, no person shall cause or permit a semi-trailer, railway car, other vehicle, shipping container, portable storage unit, or other similar unit not specifically designed and initially manufactured to be used for prolonged storage, to be employed or used in any zoning use district in the city to store or warehouse any materials for a period greater than seven consecutive days.

(b)

Except as otherwise provided in this Code, no person shall cause or permit the placement of any bulk disposal unit for a period of time longer than necessary to fill the unit or complete the project or work related to the placement of the unit; provided, however, that no bulk disposal units may remain on any parcel for more than 30 total days in any period of 365 consecutive days, with an option for another 30 days if requested in advance of the expiration of the initial time period.

(c)

Portable storage units may be placed on a parcel within the R-1, R-2 and R-3 use districts for the temporary storage of personal property and household goods for the purpose of moving such property or goods to another location or for the purpose of accommodating construction or repair of a structure located on the parcel. Portable storage units may be located on a parcel within an R-1, R-2 or R-3 use district only for such period of time reasonably necessary to accommodate an authorized purpose for such placement, but in no event for a period greater than 30 total days in any period of 365 consecutive days, with an option for another 30 days if requested in advance of the expiration of the initial time period. Portable storage units placed on a parcel located within an R-1, R-2 or R-3 use district must at all times be located on a paved or gravel driveway or parking area in a manner which does not interfere with the passage of pedestrians or the movement of vehicles. Portable storage units shall not be located within public right-of-way and shall not intrude upon or block any street or public sidewalk.

(d)

The 30-day permit for both bulk disposal units and portable storage units shall be $25.00. The renewal of such permit for an additional 30 days shall also be $25.00.

(Code 1994, § 5-4-9; Ord. No. 2911, § 1, 1-21-1997; Ord. No. 4344, § 2, 6-19-2018)

(a)

Uses for which site plan is required. In order to minimize adverse effects of any proposed development upon existing uses, to clarify the concept of a proposed development when seeking local building and zoning approvals, and to better conserve and enhance the visual environment of the community, the expansion or initiation of any permitted use or special use in all zoning districts shall not be permitted without administrative site plan review and approval by the director of planning and development.

(b)

Site plan submittal requirements. Site plans submitted for site plan review to the director of planning and development shall be drawn to the following scales and include the following data:

(1)

A scale of not smaller than one inch equals 50 feet for areas of 15 acres or less or where the longest dimension does not exceed 800 feet for all larger projects, one inch equals 100 feet. Plans shall show date, north point and scale.

(2)

Property lines of the subject and abutting properties.

(3)

Location of existing and proposed structures, drives, and parking areas on the subject property and existing structures within 100 feet of the subject property.

(4)

Location, right-of-way width and street width of abutting streets and alleys.

(5)

In business and industrial zoning districts, such landscape treatment, landscape screening and fencing sufficient to accurately represent the concept of the proposed project, including appearance from fronting roads as well as appropriate screening treatments. Landscape screening, when utilized, shall follow the guidelines for screening and landscaping found in sections 5-4-11.

(6)

In all zoning districts, any building having a side wall with street frontage shall be constructed so that any such side wall having street frontage does not have a sheet metal exterior surface, but instead has an exterior surface constructed of acceptable materials. Acceptable materials shall include EIFIS, stone, brick composite siding, vinyl siding or other durable exterior materials appropriate for exterior applications. No building permit for any such building shall be issued until the exterior design of the building has been approved by the zoning administrator. Once the exterior design has been so approved, the building shall be constructed in accordance with the approved design.

(7)

Names and addresses of the architect, engineer, landscape architect, planner or designer responsible for the site plan.

(c)

Review of site plan. The review of such site plans by the director of planning and development shall consider:

(1)

Location of drives, access and egress points to public streets, including recommendations of the director of planning and development.

(2)

Traffic circulation and location of building, parking, loading, and storage areas within the site so as to ensure the use of the site creates minimum adverse effects on bounding streets and properties.

(3)

Less attractive or possible nuisance uses to be accommodated on the site which might require landscape screening or fencing from surrounding properties or bounding roads. The director of planning and development may require relocation of such uses to areas of the site so as to have less adverse visual or nuisance impact on surrounding properties or bounding roads.

(d)

Director of planning and development action; applicant's petition to city council. Following his or her review, the director of planning and development shall by action approve or disapprove the issuance of a zoning permit as to the site review conditions stated herein and shall notify the applicant and the planning and zoning administrator of his or her actions, including, if disapproved, the reasons for disapproval. If approved, the zoning administrator shall issue the necessary permits providing the proposed structure or use is otherwise in compliance with the regulations of the city.

(1)

If the director of planning and development disapproves the project or approves the project with conditions to which the applicant is not agreeable, the applicant may petition to the city council for review of the project. The city council may concur or reverse the action of the director of planning and development by a simple majority vote but shall take no action without receiving a written report from the director of planning and development of his or her findings and action unless such report is not received within 45 days of his or her action on the matter.

(2)

Site plans upon which issuance of zoning permits have been based after site plan review shall be filed in the department of planning and development office. Substantial variance from that site plan without concurrence of the director of planning and development in carrying forth the proposed project shall be deemed to be a violation of this title, subject to the penalties prescribed herein.

(Code 1994, § 5-4-10; Ord. No. 1881, 8-21-1982; Ord. No. 2461, 9-25-1990; Ord. No. 3651, § 2, 11-1-2005; Ord. No. 4317, § 2, 2-7-2017)

(a)

Applicability. The landscaping requirements set forth in this section shall apply in the R-4 Multiple-Family Dwelling District, in all business and manufacturing districts and in one- or two-family dwelling districts where the zoning lot is used for some purpose other than a one- or two-family dwelling. All landscape plans are subject to review, comment, and, where appropriate, modification by the zoning administrator.

(b)

Performance standards. All landscape plans shall fully meet the following performance standards in order to receive approval from the zoning administrator:

(1)

Landscaping shall not hinder the vision of motorists and pedestrians necessary for safe movement into, out of, and within the site.

(2)

Landscaping materials shall be selected and placed in such a manner that they do not interfere with or damage existing utilities.

(3)

Landscaping materials shall be selected and placed so that the safe and enjoyable use of surrounding properties is not inhibited.

(4)

Landscaping shall be selected and placed with a sensitivity toward the ultimate size that will be achieved over time through growth of vegetation.

(5)

Landscaping with thorns, berries, and other unsuitable characteristics shall be carefully placed to avoid potential harm to people or property on and off site.

(6)

Weak wooded trees shall only be used only where other species are unavailable.

(c)

Calculation of minimum requirements.

(1)

The amount of landscaping required shall be calculated by utilizing the point system hereinafter described. An owner may elect to create a landscape design through the alternative compliance provisions described in subsection (j) of this section. Landscaping utilizing the point system of this section shall be based on formulas hereinafter set forth. The requirements for a given zoning lot shall be the total of all equations for front years, transitional buffer yards and parking lots listed under the applicable subsections. In calculating any requirement in this section, a fraction of one-half or greater shall be rounded up to the next whole number.

(2)

The following point allocations shall apply for all required landscaping:

a.

Tree landscaping.

At the time of planting, shade trees shall have a caliper size of not less than 2½ inches at a point three feet above ground level while single stem intermediate trees shall have a caliper size of not less than 1½ inches at a point two feet above ground level. Multiple stem intermediate trees shall have a minimum height of six feet at the time of planting.

b.

Shrub landscaping.

(3)

The number of points calculated by utilizing the point system hereinafter described shall be multiplied by a factor of 1½ for any of the following classes of parcel otherwise subject to the landscaping requirements set forth in this section:

a.

Any parcel which is located within a scenic area.

b.

Any parcel with respect to which a special use has been established for so long as the special use continues on that parcel.

(d)

Front yard landscaping. All developed zoning lots, other than those zoning lots which are located within a one-family or two-family dwelling district and used for single family or two-family dwelling purposes, shall provide front yard landscaping as provided for in this subsection. All yards, such as those in corner lots or irregularly shaped lots, which are adjacent to a street shall meet the landscaping requirements for front yards. (Townhouses and condominiums shall not be considered as one- or two-family dwellings.)

(1)

The number of points required for landscaping of front yards shall be based on the overall length of the lot frontage as measured in feet along the property line divided by two. For example, if the front yard lot frontage of a zoning lot is 220 feet in length, then the landscaping must generate 110 points.

(2)

Not less than 40 percent of the points required for landscaping of front yards shall be achieved by utilizing plants from the tree classification.

(3)

Front yard landscaping shall be planted in the required front yard. If there is additional area between the required front yard and the closest on-site parking lot or building all or some of the required landscaping may be planted within such additional area upon approval by the zoning administrator.

(e)

Parking lot landscaping.

(1)

The number of points required for landscaping of a parking lot shall equal the required total number of parking spaces in that lot. The points may be generated through the use of any combination of trees and/or shrubs. The requirements for parking lot landscaping are in addition to any requirements for landscaping in front yards or transitional buffer yards.

(2)

When a parking lot has less than 100 parking spaces the landscaping may be placed within interior curbed parking islands and/or within ten feet of the perimeter of the parking lot.

(3)

a.

When a parking lot has 100 or more parking spaces, one-half of the required points shall consist of shade trees planted in curbed islands within the interior of the parking lot. The intent of this provision is to break up large expanses of pavement and to provide shading by locating shade trees away from the perimeter and within the interior of parking lots.

b.

Parking lot islands shall be curbed with concrete or functionally equivalent material that must be approved by the zoning administrator. The following materials are not considered functionally equivalent to concrete curbs and are therefore unacceptable for use as curbs within the city:

1.

Landscape timbers.

2.

Railroad ties.

3.

Wood/lumber.

4.

Concrete wheel stops.

(4)

The minimum unpaved area for planting all types of trees within parking lots shall not be less than 160 square feet per tree. Shade trees and intermediate trees shall not be planted in any area with a width of less than five feet. Evergreen trees shall not be planted in an area with a width of less than ten feet. Shrubs shall not be planted in areas with a width of less than two feet. When plants are proposed to be planted within curbed islands or adjacent to curbs, the width of such planting areas shall be measured from the inside of curbs. The locations of parking lot landscaping will be subject to review and approval by the zoning administrator.

(f)

Transitional buffer yard requirement and landscaping. All nonresidential zoning lots which abut, or, in the absence of an alley, would abut, any residential zoning lot or district shall contain a transitional buffer yard (TBY) unless otherwise provided for in this section. Multifamily zoning lots containing more than two dwelling units which abut, or, in the absence of an alley, would abut, any one- or two-family zoning lot or dwelling district shall also contain a TBY.

(1)

Depth of TBY. The width of a TBY shall not be less than ten percent of the width or depth, whichever is applicable of the lot required to contain a TBY. However, no TBY shall be less than ten feet in width and no TBY shall be required to be more than 25 feet in width. The yard depth or width for a yard with varying widths or depths will be measured from the yard's mid-point.

(2)

Reduction of TBY requirements. In those cases where the one- or two-family residential zoning lot adjoining or across the alley from the subject nonresidential or multifamily zoning lot has been developed for other than one- or two-family dwelling purposes, the zoning administrator shall have the authority to reduce the TBY requirements. This authority may be exercised when the zoning administrator determines that the proposed reduction will not have a negative impact on the subject residential lot.

(3)

Dispute resolution. The zoning administrator shall have the final authority to determine the width and location of transitional buffer yards for irregularly shaped parcels, or other parcels when there is a dispute as to the width and location of a TBY.

(4)

Prohibited materials in TBY. Any TBY required pursuant to this section shall be maintained as a planted or landscaped area only. No driveways, refuse containers, storage, aisleways, vehicular maneuvering area, mechanical equipment, sidewalks, materials (other than landscaping), or structures of any form shall be located within any required TBY. However, if an emergency exit into the TBY area is required by code, a concrete pad of no more than 23 square feet may be placed at grade level immediately outside of the required exit.

(5)

Utility structures. Utility structures may be permitted in a TBY on a case-by-case basis, but only through the alternative compliance provisions of this section.

(6)

Determination of required plant materials for transitional buffer yards.

a.

The minimum number of landscaping points in a TBY shall be based on the overall length of the TBY as measured along the TBY property line. For example, if the property line running the length of the TBY is 180 feet long, then 180 points must be achieved through landscaping.

b.

One-half of the total points for TBY landscaping must be evergreen trees or shrubs.

c.

Not less than 40 percent of the points for TBY landscaping shall be achieved by utilizing plants from the tree classification.

d.

All shade trees in a TBY must be 3½ inches caliper size or larger at a point three feet above ground level.

(7)

Screening of activity areas. On-site activity areas as described below that are adjacent to a required TBY are required to be visually screened with a fence, wall, berm, evergreen planting or combination thereof which achieves a substantially solid visual barrier with a minimum height of six feet. If a fence or wall is used to meet this requirement it must be located between the activity area and the TBY. This visual barrier shall be required when all or any portion of the subject site that is adjacent to the required TBY is planned or used for the following activities:

a.

Refuse container/dumpster loading, unloading, or storage;

b.

Storage or display of materials or merchandise;

c.

Loading or unloading of passengers or goods;

d.

Production, assembly, processing, or demolition of goods;

e.

Temporary or permanent parking of vehicles.

These requirements shall be in addition to all other landscaping requirements of any type. When plantings are utilized to meet this screening requirement, they must be capable of achieving a substantially solid visual barrier within two years from the date of the planting.

(g)

Incentive for preserving existing landscaping. Existing landscaping that is in a vigorous growing condition and is not specifically prohibited by this section may count toward meeting the point requirements of this section. Furthermore, the following plant materials will be awarded five additional points (added to base value) per tree when preserved:

(h)

Incentive for planting larger landscaping. Planting of landscaping larger than the minimum required sizes specified in this section will be awarded five additional points (added to base value) per tree when the following heights or caliper sizes are provided:

(i)

Ground cover and mulching requirements.

(1)

Ground cover requirements. All yards shall be planted and maintained with a vegetative ground cover such as sod or seed. Other low growing plants (evergreen or broadleaf evergreen plants with a mature height of one foot or less) may also be utilized. When low growing broadleaf evergreen plants such as pachysandra, vinca minor, and purple-leaf wintercreeper are utilized to meet the ground cover requirements they shall be planted together in continuous beds, mulched with shredded hardwood bark or cypress mulch and spaced in such a way that they achieve a substantially continuous ground cover within two years from the date of planting. Creeping junipers may be mulched with shredded hardwood bark, cypress, or gravel mulch and must meet the same coverage timeline as stated for broadleaf evergreen ground covers.

(2)

Mulching requirements. All required shrubs and trees shall be mulched and maintained with shredded hardwood bark, cypress, or gravel mulch. Plant groups shall be mulched in a continuous bed in which the edge of the mulching bed does not extend any more than four feet beyond the edge of the plantings. When required shrubs or trees are planted individually and away from nearby plants they shall be encircled in a mulched area with a diameter of no more than five feet. Evergreen trees are allowed a mulched circle with a diameter large enough to accommodate the spread of the tree and up to four additional feet of mulch beyond the edge of the tree. All mulch proposed to be placed within or directly adjacent to a parking lot shall be shredded hardwood bark or cypress mulch. Gravel mulch is not permitted within or directly adjacent to parking lots.

(j)

Alternative compliance. Owners may choose to follow the point system described above or to submit a landscape plan to the zoning administrator under the alternative compliance provisions of this subsection (j). The alternative compliance provisions are intended to give owners the flexibility needed to respond to unique site issues and client needs and still meet the intent of this section.

(1)

No appeal of zoning administrator's decision. If an owner chooses to submit a landscape plan through the alternative compliance procedure, no appeal of the zoning administrator's review decision shall be allowed. Denial by the zoning administrator will require that the owner amend the plan through the alternative compliance process or submit a plan utilizing the standard point system.

(2)

Basis for review. Landscape plans submitted through the alternative compliance procedure shall fully achieve the performance standards as described in subsection (b) of this section.

(k)

Replacement of dead landscaping materials. Any landscaping materials required under this section which for any reason die or fail to thrive shall be replaced with other landscaping materials having an equal point value and similar characteristics as soon as good horticultural practice permits.

(Code 1994, § 5-4-11; Ord. No. 1629, 12-27-1979; Ord. No. 3113, § 2, 1-26-1999; Ord. No. 3653, § 2, 11-1-2005)

(a)

Limitations on sale of two-family dwelling units. Individual dwelling units in any two-family dwelling shall not be sold separately, unless such two-family dwelling has been properly designated as a zero lot line duplex in accordance with the standards and procedures set forth in this section.

(b)

Standards. No dwelling unit in a two-family dwelling shall be designated or sold as a zero lot line duplex unless each of the following conditions have been met:

(1)

Each dwelling unit has a floor area of not less than 1,000 square feet for a single-story unit, and 1,250 square feet for a unit having more than one story. The areas of garages, open porches, cellars and basements shall not be included for the purpose of determining the area of a dwelling unit.

(2)

The owner has obtained a plat of survey prepared by a licensed land surveyor, which plat of survey divides the lot upon which the two-family dwelling is located into a separate sublot for each dwelling unit. The survey shall include not only a scaled and dimensioned outline of the exterior of each dwelling unit, but also a scaled drawing of all other exterior improvements on each sublot, including, but not limited to, sidewalks, driveways and patios.

(3)

Each sublot created by the plat of survey shall have an area of not less than 3,900 square feet, and a lot width at the right-of-way line of the street at which the unit is properly addressed of not less than 35 feet for interior lots and 85 feet for corner lots.

(4)

At least 50 percent of the first floor facade of any part of any unit facing any street shall include that portion of the unit actually used as habitable space and shall not include portions used as a garage.

(5)

Each dwelling unit has separate utility services with separate meters for each service.

(6)

The owner of the two-family dwelling has prepared covenants which bind all owners of either dwelling unit and their successors in interest. Such covenants shall be in a form satisfactory to the director of planning and zoning and suitable for recording, and shall address, at a minimum, the following:

a.

The proper maintenance of the common wall between the individual dwelling units.

b.

The proper maintenance of the dwelling units.

c.

A consistent design and color scheme for the exterior of the dwelling units.

d.

Additions to the dwelling units.

e.

Repair of the dwelling units in the event of damage or destruction.

f.

Regulations concerning the construction, design and location of accessory structures, including, without limitation, garages, storage sheds and fences.

(7)

The two-family dwelling meets all other applicable requirements of this title, including, but not limited to, those pertaining to lot areas, yard requirements, and height of buildings.

(c)

Procedure. Any person seeking the designation of an existing or proposed two-family dwelling as a zero lot line duplex shall submit an application to the director of planning and zoning on a form prescribed by such director, which application shall be accompanied by the following:

(1)

Building plans for the two-family dwelling unit.

(2)

A plat of survey which meets the standards hereinabove set forth.

(3)

Proposed covenants which meet the standards hereinabove set forth.

a.

Upon receipt of the information, the director of planning and zoning shall, within a reasonable time, either approve the application and designate the two-family dwelling unit as a zero lot line duplex or deny the application and provide a written explanation of the reasons for the denial. Upon approval of an application for designation of a two-family dwelling unit as a zero lot line duplex, the director of planning and zoning shall, on behalf of the city, sign the plat of survey submitted by the owner.

b.

Dwelling units in a zero lot line duplex shall not be sold separately until both the plat of survey and covenants in the forms approved by the director of planning and zoning have been recorded in the office of the county recorder of deeds.

(d)

Prior consultation encouraged. Any person who intends to seek the designation of a two-family dwelling as a zero lot line duplex is encouraged to engage in informal consultations with the director of planning and zoning prior to the preparation of a formal plat of survey.

(Code 1994, § 5-4-12; Ord. No. 3032, § 2, 12-2-1997; Ord. No. 4129, § 1, 1-7-2014)

(a)

No oversized utility structure shall be placed in the public right-of-way except in accordance with the procedures set forth at title 4, chapter 11.

(b)

No oversized utility structure shall be placed on private property except in accordance with the following standards and procedures:

(1)

The person proposing to install any such oversized utility structure shall provide a site plan for review in accordance with the procedures set forth in section 5-4-10.

(2)

Unless a variance is approved in accordance with the procedures set forth at title 4, chapter 11, all such oversized utility structures must meet the setback requirements applicable in the zoning district where the oversized utility structure is proposed to be located.

(3)

All such oversized utility structures shall be shielded with landscaping materials designed to obscure the view of the oversized utility structure.

(4)

No such oversized utility structure shall be erected without a building permit from the department of planning and zoning.

(Code 1994, § 5-4-13; Ord. No. 3206, § 2, 3-7-2000)

(a)

No publicly accessible collection bin shall be placed on any property unless the provider of the bin has first obtained a permit from the zoning administrator.

(b)

An application for the placement of a publicly accessible collection bin shall be filed with the zoning administrator. The application shall require the following information:

(1)

The name, address and telephone number of the applicant.

(2)

The address where the publicly accessible collection bin is proposed to be located.

(3)

A site plan showing the proposed location of the publicly accessible collection bin and demonstrating compliance with the regulations imposed by this section.

(4)

The name, address and telephone number of the owner of the property where the publicly accessible collection is to be located.

(5)

Written permission from the owner or tenant or an authorized representative thereof of the property where the publicly accessible collection bin is to be located authorizing the placement of such bin on the property.

(6)

Payment of an application fee of $25.00.

(c)

If after review of the application and such investigation as the zoning administrator deems appropriate, the zoning administrator concludes that the publicly accessible collection bin will comply with all applicable provisions of this title, he or she shall issue a permit authorizing placement of the publicly accessible collection bin in accordance with the application.

(d)

All publicly accessible collection bins shall comply at all times with the following standards:

(1)

A bin including any pad or elevating device shall not exceed 6½ feet in height, six feet in width and five feet in depth. The storage compartment shall be securely locked at all times so as to prevent access by unauthorized persons.

(2)

The front of the bin shall prominently display the name, address and telephone number of the provider of the bin printed in characters that are not less three inches and not more than five inches in height.

(3)

The provider of the bin shall promptly remove any material intended to be collected in the bin which has been left outside the bin.

(4)

The bin shall be constructed of painted metal or durable UV-resistant vinyl, fiberglass or other similar low maintenance material.

(5)

The bin shall at all times be maintained in good repair, in a clean condition and free of graffiti and other unauthorized writing, painting, drawing or inscriptions. The provider of the bin shall promptly remove any refuse placed on or in the vicinity of the bin. No bin may be used for advertising or promotional purposes except to the extent provided in subsection (d)(2) of this section.

(e)

Publicly accessible collection bins shall not be placed within the public right-of-way, including any sidewalk located within the public right-of-way or on any property owned by or under the jurisdiction of the city without prior authorization by the city council.

(f)

Publicly accessible collection bins shall be placed on a durable all-weather surface such as concrete or blacktop.

(g)

If a publicly accessible collection bin is placed or remains in violation of any provision of this section or any other provisions of the zoning code, the zoning administrator shall give written notice of the violation by personal service or certified mail to the provider of the bin at the address placed on the bin pursuant to subsection (d)(2) of this section, or, in the event that the address is no longer legible, to the address of the person listed on the application for placement of the bin. In the event that the violation is not corrected within 72 hours, the zoning administrator may direct the removal and storage of the bin.

(h)

If the zoning administrator has removed and stored a publicly accessible collection bin, he or she shall give written notice by personal service or certified mail to the provider of the bin at the address placed on the bin pursuant to subsection (d)(2) of this section, or, in the event that the address is no longer legible to the address of the person listed on the application for placement of the bin, that the bin will be disposed of if not retrieved from storage within 30 days from the date of notice. If the bin is not retrieved from storage within 30 days from the date of such notice, the zoning administrator may dispose of the bin.

(Code 1994, § 5-4-14; Ord. No. 3938, § 2, 11-30-2010)

No video gaming cafes shall be established in an existing or new building or structure within the city's corporate limits, with the exception of a building used by a veteran's organization that holds a valid Class V liquor license issued by the city.

(Code 1994, § 5-4-15; Ord. No. 4469, § 2, 1-7-2020)