The exact adult entertainment business shall be specified in the application. No more than one adult entertainment business shall be applied for on an application.

The proposed use shall not be located within 250 feet of or in any residential type zoning districts including but not limited to the following zoning districts: Agricultural/Residential (AG/R), Rural Residential District (R-1), Residential Developed No Sewer (RD-NS), Residential Developed Sewer (RD-S), Medium Density Residential District (R-2), and High Density Residential District (R-3) and PUD development or zoning of any type.

An adult entertainment business shall not be located in any park or within 500 feet of any pre-existing public, private or parochial school property, or the property of any park, day care center, pre-school facility, church, synagogue or similar place of worship or any pre-existing residence.

An adult entertainment business shall not be located in a building or structure which contains another business that sells or dispenses alcoholic liquor or cereal malt beverages.

An adult entertainment business shall not be located within 1000 feet of another existing adult entertainment business.

All building openings, entries, windows, doors and similar openings for adult entertainment businesses shall be so located, covered or screened in such a manner to prevent a view into the interior from any public or semi-public place by outside passersby.

Lobby and entrances shall be so designed to minimize obstruction of nearby streets and sidewalks during construction.

All distances specified herein shall be measured in a straight line from the nearest point on the building housing an adult entertainment business to the nearest point of the property, property of a business or zoning district mentioned in subparagraphs (2), (3), and (5) above.

No noise from inside a building housing an adult entertainment business shall not be [sic] audible at a point fifty (50) feet from any point on the outside of the building.

(Reserved)

The planning staff shall schedule a public hearing before the planning commission no more than sixty days after submission of the complete application. Such hearing may be adjourned from time to time, but in no instance shall the planning commission fail to present its recommendations to the city council more than thirty days after the public hearing is opened. The city council shall either approve such recommendations by the adoption of the same by ordinance, override the planning commission’s recommendation by a 2/3 majority vote of the membership of the council or return the same to the planning commission for further consideration, together with a statement specifying the basis for the city council’s failure to approve or disapprove, within thirty days of receipt of the planning commission’s recommendations. The planning commission, after reconsidering the same, may resubmit its original recommendations giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendations, the city council, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendations by ordinance, or it need take no further action thereon. If the planning commission fails to deliver its recommendations to the city council following the planning commission’s next regular meeting after receipt of the city council statement specifying disapproval, the city shall consider such course of inaction on the part of the planning commission as a resubmission of the original recommendation and proceed accordingly. Upon reaching a final decision or returning the recommendations to the planning commission, the city council shall advise the applicant in writing of the action taken.

Special use applications for an adult entertainment business shall include information showing that the location of the proposed special use complies with all the conditions set out in the applicable zoning ordinances of this city.

One (1) parking space is required for each two (2) occupants based on maximum occupancy as determined by the building and fire codes.

The nature of the proposed site, including its size, shape and arrangement of structures.

Traffic conditions, including the resulting traffic patterns.

The nature of the surrounding area and the extent to which the proposed use might impair its present and future development.

Facilities for sewers, water, and other utilities, and the ability of the city to supply such services.

The limitations of firefighting and rescue equipment, and the means of access for fire and police protection.

The conservation of property values.

Contribution, if any, such proposed use, building or addition would make toward the deterioration of areas and neighborhoods.

The intent of this section is to allow home occupations, pursuant to a validly issued home occupation permit (see subsection (b) below), provided that they do not detract from the residential character of a neighborhood and will not cause excessive traffic, noise, nuisance or hazards to safety. It is also the intent of this section to allow only those home occupations that are permitted accessory uses in their district and that qualify under this section.

No profession or other occupation not otherwise permitted in the district where located, which is conducted as a permitted accessory use on a residential lot by one or more members of the family residing on the premises, may be permitted until a home occupation permit has been applied for and obtained from the city clerk.

A home occupation permit is not required for the following situations yet the restrictions, limitations and conditions in subsection (b) below may be utilized to determine if the activity has a detrimental impact on neighboring property:

No more than one (1) other person, in addition to members of the family residing on the premises, shall be engaged in such occupation.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than thirty (30) percent of the floor area of the dwelling shall be used in the conduct of the home occupation.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign, not exceeding one (1) sign [sic], not exceeding one (1) square foot in area, non-illuminated and mounted flat against the wall of the principal building.

No home occupation shall be conducted in any accessory building. Except in the AG/R Agricultural Residential or the R-1 Rural Residential zoning districts, where the area used for the home occupation within an accessory structure cannot exceed 30% of the floor area of the dwelling on the property.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

The home occupation is permitted in the zoning district.

The roof must be double-pitched and have a vertical rise of 3.0 feet for each 12 feet of horizontal run, and covered with material that is residential in appearance, including, but not limited to, approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass or metal roof.

Exterior siding cannot have a high-gloss finish and must be residential in appearance, including, but not limited to, clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles, shakes, or similar material, but excluding smooth, ribbed, or corrugated metal or plastic panels.

The home must be placed on a permanent foundation that complies with the city building code for residential structures.

The hitch, axles, and wheels must be removed.

The unit must be oriented on the lot so that its long axis is parallel with the street. A perpendicular or diagonal placement may be permitted if there is a building addition or substantial landscaping so that the narrow dimension of the unit, as so modified and facing the street, is no less than 50% of the unit’s long dimension.

The lot must be landscaped to ensure compatibility with surrounding properties.

The home must be at least 24 feet in width, and at least 40 feet in length, not including overhang, and shall contain at least 960 square feet of living space exclusive of basements, open or screened porches and garages.

All fuel supply systems shall be constructed and installed in compliance with all applicable building and safety codes. Bottled gas tanks may be permitted only if gas service is not available on the nearest street and installation shall be in compliance with NFPA 58. Connection is to be made as soon as the gas service is available on the nearest street.

A garage is required. The external material and roofing of the garage must be of a comparable material as that of the dwelling unit.

A mobile home park shall have an area of not less than two (2) acres, nor more than ten (10) acres, and no mobile home park lot or office or service building shall be closer to a street or road right-of-way or other property line than twenty-five (25) feet.

The margins along the side and rear property lines shall be densely planted to coniferous or cedar trees for a depth of not less than twenty-five (25) feet, and shall be properly landscaped.

Individual mobile home lots shall have an area of not less than three thousand (3,000) square feet and the mobile home park shall not include more than eight (8) units per gross acre.

A minimum of twenty (20) feet, measured from any entrance, lean-to, or other extension from said mobile home shall be maintained between mobile homes. Accessory buildings in the rear yard area of the lot shall have a minimum of six (6) feet clearance from any lot line.

A request for a special use, for the purposes of this subsection, shall set forth the location and legal description of the proposed mobile home park property, a sketch of the proposed mobile home park, showing dimensions, driveways, proposed locations of mobile homes, and location of sanitary conveniences and other buildings and improvements.

No certificate of occupancy shall be granted until after certification of compliance with all ordinances and regulations regarding mobile home park licensing, health, plumbing, electrical, building, fire prevention, and all other applicable ordinances has been made.

The applicant for a mobile home park shall prepare or cause to be prepared an application for rezoning and a development plan and shall present three copies of the plan for review and approval by the planning commission. The plot plan shall show topography and the location and size of:

The mobile home park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.

All mobile home spaces shall front upon a private roadway of not less than 40 feet in width, which shall have unobstructed access to a public street, alley or highway.

Walkways, not less than 30 inches wide, shall be provided from the mobile home spaces to service buildings.

All roadways and walkways within the mobile home district shall be hard surfaced and adequately lighted at night.

Laundry facilities for the exclusive use of the mobile home occupants may be provided in a service building.

At least one electrical service outlet supplying adequate electrical service as determined by the planning board shall be provided for each mobile home space.

A recreational area shall be provided at a central location in the mobile home district at the rate of 200 square feet for each trailer space.

A solid fence or wall and a 10-foot landscaped buffer area shall be provided between the mobile home park district and any adjoining property zoned for residential purposes. The solid fence or wall shall not be less than four feet high nor more than six feet high. The owner shall be responsible for the maintenance of the fence or wall and the landscaped buffer area.

All mobile homes shall utilize “skirts” or visual screens for the open areas beneath the mobile home.

An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the district. Each mobile home space shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all washing and laundry facilities.

Each mobile home shall be anchored by securing the superstructure against uplift, sliding, rotation, and overturning.

All mobile homes within the district shall be connected to an approved public water supply and an approved sanitary sewer system.

The minimum tract size of land on which a recreational vehicle park is situated shall be ten (10) acres.

An applicant seeking to construct a recreational vehicle park shall prepare and submit a schedule of construction, which shall provide for the construction to commence within 180 days and to be completed within one year after the city should issue an approval for the construction to commence.

Each applicant for a recreational vehicle park shall prepare a development plan for submission to the planning commission and the governing body. The plan must depict or show all elements of the proposed development, and conform to the following criteria:

Commercial centers and buildings shall provide off-street parking under the following guidelines.

If vehicle storage space or standing space required above cannot be reasonably provided on the same lot on which the principal use(s) is conducted in the opinion of the city council, the city council may permit such space to be provided on other off-street property, provided such space lies within four hundred (400) feet of an entrance to such principal use. Such vehicle standing space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

No sign, landscaping, pole, or structure shall be located at elevations between two feet (2') and eight feet (8') above the accessway(s), driveway(s), street(s) or sidewalk(s) within the triangular area formed by the right angle of a line connecting them at points twenty feet (20') from the intersection point of said accessway(s), driveway(s), street(s) or sidewalk(s) or combination thereof set out as follows:

Every new building or structure intended for use for business or trade shall provide not less than one (1) loading and unloading space, and sufficient driveway space to accommodate semi-trailers and tractors for the loading and unloading of vehicles off the street or public alley. Such place shall have access to a public alley or if there is no alley, to a public street and shall be screened from all residential areas adjacent to the business.

To ensure the structural integrity of towers, the owner of a tower shall ensure it is designed, constructed and maintained in compliance with the standards contained in the city building codes, life safety codes, and similar codes, as presently in effect and as amended from time to time.

Any tower which is not operated for a period of 12 continuous months may be declared abandoned by the city and thereafter shall be removed at the owner’s expense. For a tower with multiple users, abandonment has not occurred until all users have ceased using the facility for a period of at least 12 continuous months.

The provisions of this section shall not apply to any towers and antennas erected prior to December 9, 1996.

All towers shall be inspected biennially, once every two years, by an expert in the field of towers. This inspection is the responsibility of the tower owner and shall be at his expense. The report shall be filed with the city immediately upon completion of the inspection. Such inspection shall include but not be limited to the tower inspection checklist of the Electronics Industries Association (EIA) Standard 22, as amended, Structural Standards for Steel Antenna Towers and Antenna Support Structures. Additional inspections may be ordered by the city upon a finding by the governing body that such is necessary to protect public health or safety.

The operator shall have the authority to trim trees and foliage upon and overhanging streets and public property. All trimming shall be done under the supervision and direction of the city.

The setbacks required for a tower are one foot for each foot in height. Setback may be measured from the near edge of right-of-way of any public road and/or property line, whichever is closer to the location of the proposed tower. Height and/or setback deviation may be granted through the special use permit/plan review process.

It is the intent of this section to minimize additional towers which are not necessary; each tower owner must make additional spaces on the tower available for qualified applicants at reasonable costs. Additional towers shall not be located within one mile of existing towers unless the applicant can demonstrate that the existing tower cannot be used for the applicant’s type of service or the existing tower presently has all the co-locations which can be placed on the existing tower. If the applicant can demonstrate that one or two particular areas of the city, due to location, topography, elevation, etc., are exceptionally good locations for multiple towers, the city shall review the separation guidelines and may permit a clustering of the towers at that location with the understanding that only exceptional circumstances will be reviewed for additional tower sites within the city limits.

Each tower constructed shall have capacity for at least three users; i.e. shall be three times the capacity of the intended use so that secondary users can lease the balance of the tower’s capacity at reasonable rates.

All towers and accessory facilities shall be sited to have the least practical adverse visual impact on the environment. Towers shall not be lighted except if required by the Federal Aviation Administration (FAA). Towers shall be painted gray or light blue or have a gray galvanized finish unless other color is required by the FAA. If antennas are to be located on a structure other than a tower, the antenna, supports and appurtenances shall be designed, constructed and maintained to be visually compatible with the structure or building, so as to make the antenna, supports and appurtenances as visually unobtrusive as practical.

The screened and fenced area which will be located around the tower base and such additional structures necessary for the functioning of the tower, shall not be used as a general materials and vehicle storage area, unless such materials and vehicles are directly involved in construction or maintenance activities on the tower in question.

The purpose of landscaping and screening is to have the base area and those required appurtenances and structures necessary to operation of the tower visually blend into the surrounding area. Landscaping shall be required, [and] a landscaping plan designed to provide screening in both the near term and long term shall accompany any application for special use permit. If security fencing is required, it shall be in addition to instead of in place of landscaping requirements. Landscaping shall provide effective screening of the base of the tower and its appurtenances and structures from any adjacent residential zoned or used land, as well as public view from adjacent rights-of-way. Natural areas, especially those containing significant trees, should not be removed but incorporated into a landscaping plan. Should the existing tree cover/vegetation be sufficient in the view of the city, additional landscaping may be deferred until such time as it should be warranted by the city.

All parking and drives associated with the tower shall be paved in accordance with city ordinance, except curbs and gutters are not required unless specified by the city engineer.

Accessory uses shall include only such buildings and structures necessary to the operation of the tower. It does not include broadcast studios, offices, shops, storage structures and areas, or vehicle storage areas, or similar uses as determined by the city.

The city, at its discretion, may require that any or all of the submitted information be turned over to a third party for review and comment. The applicant is responsible for any and all fees and costs incurred as a result of such third party review up to the maximum amount allowed by applicable state legislation.