Subject to Section 165.07, the following provisions, regulations or exceptions shall apply equally to all districts except as hereinafter provided.

1.   Fences. Fences, walls, hedges and trees are permitted in all districts in accordance with the following provisions:

   A.   No barbed wire or electric fence.

   B.   On a corner lot in any district, except in the C-2 General Office and Retail District, no fence, wall, hedge, or other planting or structure that will obstruct vision between a height of two feet and 10 feet above the centerline grades of the intersecting streets shall be erected, placed, or maintained within the triangular area formed by connecting the right-of-way lines at points which are 25 feet distant from the intersecting of the right-of-way lines, and measured along the right-of-way lines.

   C.   Fences or hedges shall not exceed four feet in height in any required front yard, and shall not exceed six feet in height in any required side or rear yard.

   D.   Fences shall be constructed with the finished side facing the neighboring property.

   E.   Fences may be erected to within two feet of the property line.

2.   Residential Building Restrictions.

   A.   Definitions. As used herein a “residence” is a building used exclusively for a dwelling. “Residential accessory use” means a building or structure customarily used in conjunction with a dwelling, namely a garage with a capacity of not more than three cars, a tool house or “summer” house not exceeding 100 square feet in floor area, or a private swimming pool properly fenced and screened.

   B.   Setback. No residential building or residential accessory use building shall be erected hereafter on a lot closer to the street property line on which it fronts than the setback of the nearest adjacent building and in no event shall any new construction be made closer than 20 feet from the front lot line. No residential building or residential accessory use building shall be built hereafter closer than eight feet from the side lot lines and overhangs shall be no closer than six feet from the side lots lines, regardless of the compliance of the main foundation with this setback rule.

3.   Commercial Building Restrictions.

   A.   Definition. A “commercial building” is a building used particularly or exclusively for business purposes.

   B.   Setback. Except for buildings located in the Central Business District, no commercial building shall be erected on a lot closer to the street property line on which it fronts and the setback of the nearest adjacent building, and in no event shall any new construction be made closer than 20 feet from the front line.

4.   Accessory Buildings. No accessory building shall be erected in any required front yard and no separate accessory buildings shall be erected within five feet of any main building or within five feet of a rear or side lot line.

   A.   Accessory buildings on skids shall require a building permit.

   B.   The total combined square footage of any accessory building or buildings shall not exceed the total square footage or the “foot print” of the principal structure.

   C.   No accessory building shall be allowed on any vacant lot in any “R” District prior to the construction of the principal structure.

   D.   The height of any accessory building shall not exceed the height of the principal structure.

5.   Active solar energy systems allowed as an accessory use in a zoning district shall be subject to the following requirements:

   A.   Height. Active solar energy systems must meet the following height requirements:

      (1)   Roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems, the height regulation exception set forth in Section 165.08(7) shall apply.

      (2)   Ground-mounted solar energy systems shall not exceed 20 feet in height when oriented at maximum tilt.

   B.   Set-back. Active solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located.

      (1)   Roof-mounted Solar Energy Systems. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings.

      (2)   Ground-mounted Solar Energy Systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.

   C.   Visibility. Solar energy systems shall be designed to blend into the architecture of the building as described in Section 165.08(5)(C)(2), unless otherwise screened from routine view from public rights-of-way other than alleys. The color of the solar collector is not required to be consistent with other roofing materials.

      (1)   Building Integrated Photovoltaic Systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use, or performance standards for the district in which the building is located.

      (2)   Roof and Ground Mounted Solar Energy Systems. Solar energy systems using roof mounting devices or ground-mount solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley. Roof-mount systems that are visible from the nearest edge of the street frontage right-of-way shall not have a highest finished pitch steeper than the roof pitch on which the system is mounted, and shall be no higher than 12 inches above the roof.

      (3)   Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. Measures to minimize glare include selective placement of the system, screening on the north side of the solar array, modifying the orientation of the system, reducing use of the reflector system, or other remedies that limit glare.

   D.   Coverage. Roof or building mounted solar energy systems, excluding building-integrated systems, shall allow for adequate roof access for fire-fighting purposes. Ground-mount systems shall not exceed half the building footprint of the principal structure, and shall be exempt from impervious surface calculations if the soil under the collector is not compacted and maintained in vegetation. Foundations, gravel, or compacted soils are considered impervious.

   E.   Historic Buildings. Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or federal historic designation) must receive approval of the Main Street Elkader Design Committee, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior.

   F.   There shall be a rebuttable presumption any components of an active solar energy system that are not operated for a continuous period of 12 months shall be considered abandoned. This presumption may be rebutted by showing the same serves as auxiliary, backup, or emergency equipment or is otherwise not abandoned. Any components of an active solar energy system deemed abandoned and all related equipment shall be removed within 90 days following receipt of notice from the City to remove the same. The owner or operator of the abandoned components shall be jointly and severally responsible for their removal. If the abandoned components are not removed within 90 days of written notice from the City, the City may remove the same and recover from the owner or operator of the same all costs incurred by the City as a result, including reasonable attorneys' fees and court costs.

6.   More Than One Principal Structure on a Lot. In any district, more than one principal structure housing a permitted principal use may be erected on a single lot provided that the area, yard and other requirements of this chapter are met for each structure as though it were on an individual lot.

7.   Height Regulation Exception. The height limitations contained in the schedules of district regulations do not apply to grain storage bins, grain elevators, feed mills, or to spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, roof-mounted solar energy systems, elevator housings, or other structures placed above the roof level and not intended for human occupancy.

8.   Use of Public Right-of-way. No portion of the public road, street or alley rights-of-way shall be used or occupied by an abutting use of land or structures for storage or display purposes, or to provide any parking or loading space required by this chapter, or for any other purpose that would obstruct the use or maintenance of the public right-of-way.

9.   Proposed Use Not Covered in Chapter. Any proposed use not covered in this chapter as a permitted use or special exception shall be referred to the Commission for a recommendation as to the proper district in which such use should be permitted and the chapter amended before a permit is issued for such proposed use.

10.   Buildings to Have Access. Every building hereafter erected or structurally altered, shall be on a lot or parcel having a frontage on a public street or road.

11.   Mobile Homes or Trailers. Mobile homes occupied as a permanent or temporary place of residence shall be located only in an approved mobile home park or mobile home subdivision.

12.   Agricultural Uses. Any vacant parcel of land, regardless of size, in any district may be used for agricultural purposes, the raising of feed and grain crops, fruit, or vegetables, provided that no livestock, poultry, or other animals other than customary household pets shall be kept.

13.   Off-Street Parking. No parking space required by this chapter shall be located within the required front yard in a residential district, and no required parking space, driveway or any merchandise display or exterior storage shall be maintained in any required front yard or in the first five feet inside the property line of any required side or rear yard in a “C” or “M” District.

14.   Adult Entertainment Establishments. Because of their special characteristics, adult entertainment establishments are recognized as having potential deleterious impacts on surrounding establishments and areas, thereby contributing to the creation of blight and decline of neighborhoods. The following regulations apply to all adult entertainment establishments.

   A.   Adult entertainment establishments are allowed only in the M-2 Zoning District.

   B.   No adult entertainment establishment shall be located within 1,000 feet of any other establishment.

   C.   No adult entertainment establishment shall be located within 1,000 feet of any school, church or residential zoning district. To determine minimum separation distances, measurements shall be taken on a direct line from the closest customer entrance of the establishment to the nearest property line of any other establishment, school, church or residential zoning district.

   D.   All building openings, entries, windows, etc., shall be covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area

   E.   Provide signage at the entrance stipulating that persons under age 18 are not permitted inside.

   F.   Signage. All signs for adult establishments shall be flat wall signs. The maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on the street, but under no circumstances may a sign exceed 32 square feet. The maximum number of signs shall be one per lot frontage. Signs otherwise permitted pursuant to this subsection shall contain only (i) the name of the adult establishment conducted on the licensed premises, and/or (ii) the specific type of adult entertainment business conducted on the licensed premises. Temporary signage and banner signage shall not be permitted in connection with any adult establishment.

15.   Repurposed Shipping Containers.

   A.   Definitions. For purposes of this chapter, the term “repurposed shipping container” shall mean:

      (1)   Any container or vessel designed for or used in the storage, shipping, movement or transportation of cargo, freight, goods, equipment, or commodities when adapted or modified for human habitation, occupancy, or use; and/or

      (2)   Any container or vessel designed to be, or capable of being, mounted or moved by rail, truck, or ship by means of being mounted on a chassis or other transport device, including portable on-site storage containers (PODS), or units having similar characteristics when adapted or modified for human habitation, occupancy, or use.

   B.   Restrictions Applicable to Repurposed Shipping Containers. Repurposed shipping containers shall be permitted in all zoning districts except C2 as principal or accessory buildings (whether singular or in a combination):

      (1)   Provided the same comply with all requirement for site-built structures constructed for a similar use, including but not limited to compliance with all applicable setbacks;

      (2)   The container is placed on gravel or skids to prevent the bottom from rusting;

      (3)   In residential zoning, if used as an accessory building other than a garage, the container does not exceed twenty (20) feet in length;

      (4)   If the placement of such temporary storage container is required in order to accommodate the storage of personal property or construction material while moving or rehabilitating a structure, property owner shall obtain a permit for no longer than thirty (30) days. The container is prohibited from being placed on public property, including the right-of-way.

      (5)   No shipping containers should be allowed in a floodplain.

      (6)   Repurposed shipping containers shall be free of alpha-numeric identifiers typically utilized in the shipment of cargo.