Principal uses classified as allowed uses by the district regulations of this chapter shall be deemed to include accessory uses and activities that are customarily associated with, as well as appropriate, incidental and subordinate to, allowed principal uses. Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise expressly stated.

(1)

Accessory buildings or structures.

a.

Setbacks. An accessory building may be detached from the principal building, or constructed such that it is physically attached to the principal building.

1.

An accessory building attached to a principal building, or located within ten feet of a principal building, shall be considered integral to the principal building, and shall meet the same minimum side and rear setback requirements as the principal building.

2.

Except for those carports allowed in section 38-254, no accessory building, either attached or detached, shall be allowed within the minimum front yard required on the lot.

3.

An accessory building that is detached from the principal building, or attached with only a breezeway, shall be allowed to extend into the required side or rear yard as follows:

(i)

Where the wall or edge of the roof will adjoin an alley right-of-way, no setback shall be required. In no event may any part of any structure extend into the alley right-of-way; and

(ii)

Where the wall or edge of the roof will adjoin any other side or rear lot line, a minimum setback of five feet from that side or rear lot line shall be maintained.

b.

Size. A maximum accessory building floor area of 600 square feet or 50 percent of the floor area of the principal building, whichever is greater, shall be permitted on any residential lot. Bona fide farm and agricultural buildings shall be exempt from this requirement.

c.

Prohibited structures. Railroad cars, truck or bus bodies and other similar containers shall not be used as accessory buildings in any residential district.

d.

Shipping crates. Subject to the conditions in this section, shipping crates or containers may be used as an accessory building for storage in residential districts on lots that are one-half acre or larger other than the following subdivisions and areas:

Elmendorf Estates.

Hickory Ridge (Dickey Clay).

Homewood Place.

Any subdivision platted after January 1, 2024.

Shipping crates or containers must be placed in the rear yard, must be placed behind privacy fencing, must be free of graffiti, cannot be placed in the rear or side setbacks, and cannot be stacked.

(2)

Satellite dish antennas in nonresidential districts. Satellite dish antennas in nonresidential districts shall meet the following conditions for installation:

a.

All permanent installations shall be installed according to the manufacturer's requirements and shall meet appropriate building setbacks.

b.

All antennas, whether for sales and service or for permanent installation, shall be located in a manner that will not interfere with pedestrian or vehicular movement, shall not be a visual obstruction to traffic, and will not eliminate off-street parking spaces required by this chapter.

(3)

Satellite dish antennas in residential districts. Satellite dish antennas in residential districts shall meet the following conditions for installation:

a.

Antennas shall not be located in required front or side yards.

b.

The minimum distance between any point of the antenna and any property line shall be two feet.

c.

Installation on a roof is allowed, provided the total height of the structure and the antenna does not exceed the district standard set forth in article V of this chapter.

(Ord. No. 12-12-2013-1, § 401, 12-12-2013; Ord. No. 03-21-2024-1, pt. 1, 3-21-2024)

(a)

Location. All structures housing adult entertainment enterprises shall be located only in the M-1 and M-2 zones in accordance with the following:

(1)

At least 1,000 feet from the property boundary line of any lot used for church purposes, or any lot occupied by a public or private school having a curriculum equivalent to an elementary or secondary school (including outdoor athletic and recreation facilities directly associated with such a school).

(2)

At least 1,000 feet from another structure housing an adult entertainment enterprise.

(3)

At least 500 feet from the boundary line of any residentially-zoned lot or any lot or tract used for public park purposes.

(b)

Measurements.

(1)

Measurements for determining the distances described above are to be measured in a straight line in all directions from the structure housing the adult entertainment enterprise to the nearest property line of any lot in a residentially-zoned district, or any lot used for church or school, or any public park, or to any structure housing another adult entertainment enterprise.

(2)

The measurements for a structure shall be taken from the furthest point that a structure extends in any direction, including overhanging roofs and all other projections or portions of said structure.

(3)

Should the adult entertainment enterprise be located in conjunction with other buildings in a manner where the adult entertainment enterprise is clearly separated from other portions of the structure (for example, an adult bookstore in a shopping center), the adult entertainment enterprise structure's measurements shall be taken from the boundaries of the space in which the adult entertainment enterprise is housed or confined (not the entire shopping center, motel, or other such structure).

(4)

Should the adult entertainment enterprise be located in conjunction with other buildings in a manner where the adult entertainment enterprise is situated above the ground level of a multi-story structure and is clearly separate from other activities within the structure (for example, an adult bookstore on an upper level of an office tower or hotel), the adult entertainment enterprise measurements shall be taken from the nearest entry to that portion of the structure housing the adult bookstore, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line to the nearest point on any lot in a residential district, or any lot or tract used for church, school or public park purposes, and to any structure housing another adult entertainment enterprise.

(c)

Compliance review. Any person wishing to establish an adult entertainment enterprise must submit a site plan to the city administrator setting out the dimensions and specific location of the adult entertainment enterprise in relation to lot boundaries, in addition to a signed and notarized statement certifying the proposed adult entertainment enterprise (represented on the accompanying site plan) complies with the location requirements set forth in subsection (a) of this section. It shall be the responsibility of said applicant to provide the site plan and assure compliance with the location requirements of this section. The applicant's submission of this site plan and certification shall signify initiation of the review process. The city administrator shall have no more than 30 days to review the site plan and cite, in writing, any potential violations of provisions of this chapter.

(d)

Non-enlargement and priority by time. If two or more adult entertainment enterprises are within 1,000 feet of one another and otherwise in a permissible location, the adult entertainment enterprise which was first established and continually operating at a particular location is the conforming use, and the later established business is nonconforming. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.

(e)

Expansion of neighbors. An adult entertainment enterprise lawfully operating as a conforming use after adoption of this chapter is not rendered a nonconforming or illegal use by the location of a church, school, public park, or residentially-zoned lot established after approval of the adult entertainment enterprise.

(f)

Exemption from locational requirements.

(1)

In the event an owner of an existing or proposed adult entertainment enterprise wishes to claim an exemption from the provisions of this section, the owner shall make application for a locational exemption from the requirements of this section.

(2)

The city council shall grant an exemption from the locational restrictions, only if it makes all of the following findings:

a.

That the location of the adult entertainment enterprise will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;

b.

That the granting of the exemption will not violate the spirit and intent of this chapter;

c.

That the location of the adult entertainment enterprise will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;

d.

That the location of the adult entertainment enterprise will not be contrary to any program of neighborhood conservation, nor will it interfere with any urban renewal or restoration efforts; and

e.

That all other applicable provisions of this chapter will be observed.

(3)

If an exemption is denied by the city council, the applicant may seek prompt judicial review of such action in any court of competent jurisdiction.

(4)

If the city council grants an exemption, the exemption is valid for one year from the date of the city council's action. Upon the expiration of an exemption, an adult entertainment enterprise will be in violation of the locational restrictions of this section and the nonconforming use shall be illegal and shall terminate, unless the applicant applies for and receives another exemption. Such application shall be made with the city secretary at least 60 days prior to the expiration of the exemption.

(5)

The grant of an exemption does not exempt the applicant from any provisions of this chapter, other than the locational restrictions of this section.

(g)

Appeal of administrative determinations. If existing or potential violations of any provisions of this section are cited by the city administrator, the person wishing to establish an adult entertainment enterprise shall have the right to appeal such interpretation to the zoning board of adjustment which shall hear the case within 45 days of the appeal. The board shall render its decision at or before the conclusion of the meeting. If the zoning board of adjustment upholds the city administrator's interpretation of potential violations, the person may seek prompt judicial review of such action in any court of competent jurisdiction. The action shall be promptly reviewed by the court.

(Ord. No. 12-12-2013-1, § 402, 12-12-2013)

State Law reference— Authority to regulate adult businesses, V.T.C.A., Local Government Code § 243.003.

(a)

The retail sale of alcoholic beverages for on-premises consumption shall always be considered a principal use. Such establishments may be located on the same lot or in the same building occupied by another principal use such as a restaurant or hotel if the use meets the requirements for the type of alcohol sales allowed in that district.

(b)

The sale of alcoholic beverages is prohibited by a dealer whose place of business is within 300 feet of a church, public or private school or public hospital.

(1)

The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.

(2)

The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be:

a.

In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or

b.

If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the front door to the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.

(c)

Subsection (b) of this section does not apply to:

(1)

A retail on-premises consumption permit or license if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages;

(2)

A retail off-premises consumption permit or license if less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages;

(3)

An alcohol permit sales holder who also holds a food and beverage certificate who is located within 300 feet of a private school;

(4)

An alcohol permittee whose premises prohibits minors from entering pursuant to V.T.C.A., Alcoholic Beverage Code § 109.53 who is located within 300 feet of a private school.

(d)

In this section, the term "private school" means a private school, including a parochial school, that:

(1)

Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and

(2)

Has more than 100 students enrolled and attending courses at a single location.

(Ord. No. 12-12-2013-1, § 403, 12-12-2013)

State Law reference— Similar provisions, V.T.C.A., Alcoholic Beverage Code § 109.33.

No outdoor speakers used in conjunction with the sales of cars or trucks are permitted within 500 feet of any residential zoning district or any lot or tract of land occupied by a residential use.

(Ord. No. 12-12-2013-1, § 404, 12-12-2013)

A bed and breakfast may be allowed as a special use in residential zoning districts where transient lodging is not ordinarily allowed, subject to the following standards:

(1)

The operator of the bed and breakfast is a full-time resident of the dwelling in which the bed and breakfast establishment is housed.

(2)

No more than one person who is not a full-time resident of the dwelling shall be employed by the bed and breakfast establishment.

(3)

A minimum of two off-street parking spaces, plus one additional space per guest room, shall be provided on the same lot or tract of land as the bed and breakfast establishment.

(4)

A maximum of four guest rooms shall be provided in any one bed and breakfast establishment.

(5)

No exterior evidence of the bed and breakfast shall be allowed except for one attached sign no larger than 12 square feet.

(6)

No food preparation, except beverages, is allowed within individual guest rooms. Meal service shall be provided to overnight guests only.

(7)

Preparation and service of food for guests shall conform to all applicable regulations of the state and the city.

(8)

The resident operator shall keep a current guest register including names, permanent addresses, dates of occupancy and motor vehicle license numbers for all guests.

(9)

In approving a special use allowing any bed and breakfast in R1 zoning district, the city council shall make a finding that the subject site shall be located in a transitional area. For the purpose of this subsection, the term "transitional area" shall be:

a.

An area situated between land uses of different intensity and compatibility, and which is impacted by its proximity to one or more such uses;

b.

An area situated on the boundary of a residential district adjacent to a more intensive zoning classification; or

c.

An area situated adjacent to an arterial street.

(Ord. No. 12-12-2013-1, § 405, 12-12-2013)

To qualify as a community home allowable as household living, a residence must conform to all standards of V.T.C.A., Human Resources Code ch. 123.

(Ord. No. 12-12-2013-1, § 406, 12-12-2013)

In all except M-1 and M-2 districts, the following limitations shall apply to operation of firearms ranges:

(1)

Firearms ranges shall be completely enclosed within a building.

(2)

Any noise emanating from discharge of firearms shall not be audible beyond the boundaries of the lot or tract of land where the firearms range is located.

(Ord. No. 12-12-2013-1, § 407, 12-12-2013)

No game hall shall be allowed within 500 feet of a lot or tract of land occupied by any building used for a public or private school offering a curriculum equivalent to an elementary or secondary school.

(Ord. No. 12-12-2013-1, § 408, 12-12-2013)

State Law reference— Coin-operated machines, V.T.C.A., Occupations Code ch. 2153.

(a)

Parallel to the public right-of-way. Gasoline pump island canopies that are not connected to another structure may extend to the property line, provided the posts, poles, bases and other supporting structures are set back a minimum of 12 feet from the property line where the pump island is situated parallel to the public right-of-way.

(b)

Not parallel to the public right-of-way. Gasoline pump island canopies that are not connected to another structure may extend to the property line, provided the posts, bases and other supporting structures are set back a minimum of 20 feet from the property line where the pump island is not situated parallel to the public right-of-way. The measurements are to be made at right angles to the property line.

(Ord. No. 12-12-2013-1, § 409, 12-12-2013)

In approving a special use allowing a golf driving range in or nearby a residential zoning district, the city council shall take appropriate measures to minimize ill effects of harsh or uncomfortably bright light (i.e., glare) emanating from nighttime illumination on any residentially-zoned lot located outside the golf driving range.

(Ord. No. 12-12-2013-1, § 410, 12-12-2013)

In order to provide peace, quiet and domestic tranquility within all residential neighborhoods within the city and in order to help all residents gain freedom from excessive noise, excessive traffic, nuisance, fire hazards and other possible side effects of commercial uses being conducted in residential areas, the following standards shall apply to all home occupations:

(1)

Criteria.

a.

No person, other than members of the family who reside in the dwelling where a home occupation occurs, may engage in such occupation, profession, domestic craft, instructional or economic enterprise.

b.

The area utilized for the home occupation shall not exceed 25 percent of the gross floor area of the principal building where the home occupation occurs.

c.

In no way shall the appearance of the structure be altered or the occupation be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emissions of sounds, noise or vibrations. A home occupation shall produce no offensive noise, dust, odors or heat. A home occupation shall be completely contained within the principal building. Any noise, vibration, smoke, electrical interference, dust, odors, heat or visual or audio interference detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation of the terms of this section.

d.

No detached accessory building may be used in conjunction with a home occupation.

e.

All material, equipment, and/or supplies used in conjunction with a home occupation shall be completely enclosed with no exterior storage, temporary or permanent, allowed.

f.

No stock, goods, wares or merchandise shall be sold on the premises other than that which is prepared or produced upon the premises. Direct sales on the premises of other merchandise are allowed by prior individualized invitation.

g.

Signage for home occupations shall be limited to one non-illuminated sign with a maximum area of two square feet.

h.

Delivery and pickup of materials to and from the home occupation shall not exceed two trips per week by a commercial vehicle.

(2)

Allowed uses.

a.

Allowed home occupations include, but are not limited to, the following.

1.

Teaching, tutoring, counselling or treatment of persons at a residence, so long as such services are provided to no more than ten persons per day (at that residence) and for no more than six days per week.

2.

The care of not more than six children under the age of 14 years during any one calendar day (excluding the caregiver's own children), and the care of an additional six elementary school age children during non-school hours only, so long as the total number of children (including a caregiver's own minor children) does not exceed a maximum of 12 at any given time.

b.

Allowable home occupations shall not include the following:

1.

Hair cutting or styling shops, nail salons or other beauty or cosmetic-related business.

2.

Tattoo parlors.

3.

Pet grooming.

4.

Any form of repair shop.

(3)

Inspection. Home occupation operators shall permit a reasonable inspection of the premises by the city administrator to determine compliance with this section.

(Ord. No. 12-12-2013-1, § 411, 12-12-2013)

(a)

Land area. The minimum land area required for a manufactured housing park is three acres.

(b)

Density limitations. Any lot or tract of land occupied by a manufactured housing park shall have a maximum density of eight dwelling units per gross acre.

(c)

Separation requirements.

(1)

Manufactured housing units and all roof-covered structures shall meet the following separation requirements:

(2)

A maximum two-foot eave overhang shall be permitted within the separation areas as required above.

(d)

Required parking. A minimum of two off-street parking spaces shall be provided for each dwelling within a manufactured housing park. An additional 150 square feet for each two lots shall be provided as common area for the storage of boats and for visitor parking.

(e)

Skirting. Each manufactured housing unit shall be skirted with a material or product specifically designed for the skirting of manufactured homes. Required skirting shall be maintained so as not to provide a harborage for animals or create a fire hazard.

(f)

Mobile homes, travel trailers and recreational vehicles (RVs).

(1)

Mobile homes may not be placed in any manufactured housing park.

(2)

Travel trailers, motorized recreational vehicles and other such relocatable housing that does not meet the definition of either a "mobile home" or a "HUD-Code manufactured home" shall be permitted within any manufactured housing park, subject to the requirements of this section, provided these types of accommodation do not exceed 30 percent of the total units in the park.

(g)

State standards. All manufactured housing units shall conform to the state standards for manufactured housing anchorage, tie-downs and blocking.

(h)

Fire protection. Every dwelling within a manufactured housing park shall be located no further than 500 feet from a fire hydrant.

(i)

Site plan. Prior to the development of any new manufactured housing park established after the effective date of the ordinance from which this chapter is derived, and prior to the enlargement of any existing manufactured housing park, a site plan conforming to the requirements of this subsection shall be approved by the city administrator. The required site plan shall be drawn to scale and shall explicitly illustrate at least the following features:

(1)

Location and dimensions of all park boundaries.

(2)

Location of pavement on adjoining street rights-of-way.

(3)

Location and dimensions of any permanent improvements existing or planned within the park, including, but not limited to, the following:

a.

Improved surfaces for common driveways, off-street parking and recreation areas.

b.

Buildings for management, maintenance and recreational purposes.

c.

Any other recreational facilities.

d.

Any fences or walls.

e.

The location of pipelines and systems for potable water distribution, sewage collection and fire protection, including location of all fire hydrants.

(j)

Transportation. All person desiring to transport a HUD-Code manufactured home with the intent of setting it and/or installing it on real property within the city must first file an application with the city secretary for a manufactured home transport permit and pay the fee as set by resolution of the city council.

(k)

Recreation area. At least 100 square feet of recreation area shall be provided for each HUD-Code manufactured home, except no public recreation area shall have an area of less than 2,500 square feet.

(l)

Age of HUD-Code manufactured home. No HUD-Code manufactured home older than five years shall be installed as a dwelling.

(Ord. No. 12-12-2013-1, § 412, 12-12-2013)

State Law reference— Texas Manufactured Housing Standards Act, V.T.C.A., Occupations Code ch. 1201.

The following general performance standards shall be applicable to activity allowed (by right or by conditional approval) in light manufacturing districts:

(1)

No vibration shall be produced which is transmitted through the ground (and is discernible without the aid of instruments) at or at any point beyond the lot line.

(2)

All noise shall be muffled so as to not be objectionable due to intermittence, beat frequency or shrillness.

(3)

Visible emissions of air pollutants of any kind at ground level, past the lot line of the lot on which the source of emissions is located, are prohibited.

(4)

No person shall cause or permit any materials to be handled, transported or stored in such a manner which allows or may allow particulate matter to become airborne.

(5)

There shall be no emission or transmission of heat or heated air so as to be discernible from the lot line.

(6)

Any condition or operation which results in the creation of odors of such intensity or character as to unreasonably interfere with the comfort of the public shall be removed, stopped or modified so as to remove the odor.

(Ord. No. 12-12-2013-1, § 413, 12-12-2013)

Drug and alcohol recovery facilities shall be subject to the following standards:

(1)

The facility shall meet all building, housing, and fire codes of the city.

(2)

The facility shall have adequate off-street parking space for every vehicle possessed or utilized by occupants of the building. Such parking spaces must meet all applicable standards of the city.

(3)

The facility shall be compatible with the neighborhood and shall not create undue density and congestion.

(4)

The boundary line of any lot or tract of land occupied by such facilities shall be located no less than 300 feet (measured in a straight line between nearest boundaries) from each of the following:

a.

Any lot or tract of land occupied by a public or private school offering a curriculum equivalent to an elementary or secondary school;

b.

Any lot or tract of land located within an R1 or MF district.

(5)

Appropriate licenses and/or certifications from any federal or state agency shall be acquired and kept current.

(6)

Professional staff must be on the premises at all times. Professional staff shall be defined as an individual with experience, training or knowledge in the appropriate rehabilitative field.

(7)

No residential treatment shall be provided to any persons on parole from federal, state or county jails or prisons.

(8)

If deemed necessary by the chief of police, additional security lighting shall be provided.

(Ord. No. 12-12-2013-1, § 415, 12-12-2013)

Outdoor seating areas shall be allowed in conjunction with existing or proposed restaurants, bars and taverns, subject to the following standards:

(1)

All lights must be arranged and controlled so as to deflect glare or any uncomfortably bright, harsh light away from any nearby residential use.

(2)

Outdoor seating areas may not generate noise in excess of 45 dB(A) between the hours of 10:00 p.m. and 6:00 a.m. or in excess of 55 dB(A) at all other times, as measured at the lot line of any residential use.

(3)

All outdoor seating areas shall be included in the calculation of off-street parking requirements in article V of this chapter. The addition of outdoor seating without the requisite minimum number of off-street parking spaces shall be considered a violation of this chapter.

(Ord. No. 12-12-2013-1, § 416, 12-12-2013)

Self-service storage facilities shall be allowed as a conditional use following approval by the planning and zoning commission and subject to the following standards:

(1)

The facility shall be situated in a manner that avoids having substantial activity unreasonably close to any R1 or MF zoning district.

(2)

The use of the facility and its individual storage units shall be limited to storage purposes only.

(3)

No direct glare from any illumination on the site shall be visible from lots in any adjacent residential zoning district.

(4)

Electrical service to any individual storage unit shall be limited to a single circuit providing a maximum force of 30 amperes, with no more than one duplex outlet providing single-phase electrical service of no more than 110 volts.

(Ord. No. 12-12-2013-1, § 417, 12-12-2013)

(a)

Principal use. Telecommunication transmission towers and other telecommunication facilities shall always be considered a principal use. They may be located on lots or on buildings occupied by another principal use.

(b)

Applicability. This section shall only apply to those telecommunications towers and related facilities that exceed 35 feet in height, including the height of other structures or buildings on which the telecommunication facilities are located.

(c)

Setbacks. The following standards shall apply to all telecommunications facilities:

(1)

The minimum setback between telecommunication facilities and all boundaries of the lot on which those facilities are located shall be equal to 20 percent of the height of the tower.

(2)

Telecommunication facilities shall be set back a minimum of 50 feet from any existing right-of-way for any street.

(3)

Peripheral supports and guy anchors for telecommunication towers may be located within required setbacks for the tower, provided that they shall be located entirely within the boundaries of the lot on which the tower is located and shall be located no closer than five feet from the boundary of the lot on which the tower is located, and no closer than ten feet from the boundary of an adjoining lot in a residential district.

(d)

Separation from residential districts. All telecommunications facilities that exceed a height of 35 feet (including the height of the building on which they may be located) shall be set back at least 50 feet from the boundary of any lot or tract in a residential zoning district.

(e)

Heights. The principal support structure for telecommunication facilities shall be allowed to exceed the height limit of the zoning district in which it is located, provided that the setback standards provided in subsection (c) of this section shall apply.

(f)

Security fences and walls. Unless the telecommunication tower is located on top of a building, a fence or wall not less than seven feet in height from finished grade shall be constructed around each telecommunication tower. The fence or wall shall comply with the following standards:

(1)

Access to the tower shall be through a locked gate in the required fence or wall.

(2)

If high voltage is necessary for the operation of the telecommunication tower and such high voltages are present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE—DANGER."

(g)

Removal of obsolete towers. All obsolete or unused telecommunication towers shall be removed within 12 months of cessation of use.

(h)

Electromagnetic radiation. Telecommunication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation.

(Ord. No. 12-12-2013-1, § 419, 12-12-2013)

(a)

Construction-related offices.

(1)

Parking of a trailer housing construction-related offices shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction is occurring.

(2)

Parking of a trailer housing construction-related offices shall not require a building permit or other approval from the city, provided that the following standards are met:

a.

Extension of temporary electric or plumbing service is made in accordance with all applicable codes, including required permits therefor.

b.

Use of any such trailer shall be limited to administrative offices for ongoing construction activity on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract where construction activity is ongoing. The trailer shall not be used for dwelling purposes, even on a temporary basis.

c.

Any such trailer shall be removed within 60 days following completion of the project to which the offices are considered accessory.

(b)

Construction-related storage.

(1)

Parking of trailers, semi-trailers and shipping containers shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction is occurring. Such parking shall not require a building permit or other approval by the city, provided that the following standards are met:

a.

Use of such trailer or container shall be limited to storage of material and equipment used in conjunction with adjacent construction.

b.

Any such trailer or container shall be removed within 60 days following completion of the project.

(2)

Yards for storage and marshalling of construction material and equipment shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction activity is occurring. All such material or equipment shall be for use in conjunction with the associated construction project. All such material and equipment shall be removed within 60 days following completion of the project.

(c)

Real estate sales offices in residential districts.

(1)

A real estate sales office may be operated from a model home or other building located within a recorded subdivision, provided that the use is limited to sale of lots or new homes within that same subdivision. The temporary use approval shall expire at such time as 95 percent of the lots within the subdivision have been sold.

(2)

No HUD-Code manufactured home or other portable building not constructed in conformance with the city's building code requirements shall be allowed as a temporary office for the sale of real estate.

(Ord. No. 12-12-2013-1, § 420, 12-12-2013)

In commercial districts, no vehicle service use shall occupy a facility with more than three service bays. Allowed services shall be limited to the following:

(1)

Fluid changes;

(2)

Lubrication;

(3)

Sales and replacement of minor parts such as batteries, belts, bulbs, lamps, fuses and wipers;

(4)

Battery recharging;

(5)

State-mandated inspections;

(6)

Tire sales, installation and repair;

(7)

Brake repair and replacement;

(8)

Replacement of shocks and struts;

(9)

Sales and installation of custom auto parts and accessories that are not intended to enhance the performance of the engine, and that do not alter the original or "stock" components of automotive electric, transmission, suspension or exhaust systems.

(Ord. No. 12-12-2013-1, § 421, 12-12-2013)

Where allowed only as a conditional use, waste-related uses shall be subject to approval by the planning and zoning commission and shall furthermore be subject to the following conditions:

(1)

Use of the facility shall be limited to collection (from household and business consumers) of small items such as cans, glass, plastic and paper, for temporary storage and subsequent transport to another facility for processing.

(2)

No mechanical means of collection or processing shall be allowed, including, but not limited to, the crushing of cans.

(Ord. No. 12-12-2013-1, § 422, 12-12-2013)

No sign shall be erected or altered at any location within the city without a permit as set forth in this section, subject to the following exceptions:

(1)

Real estate sales signs.

a.

One temporary sign announcing the offering for sale rental of individually platted residential or commercial property on which it is placed shall be allowed in any district and may be placed in any yard. Such sign shall not exceed eight square feet in area. It shall be removed within one week following the close of sale or lease.

b.

On nonresidential commercial property where there is a business building, a temporary unlighted sign offering all or a portion of the same for sale or rental shall be allowed flat against any wall of the business building. Such sign shall be no taller than the wall and shall have an area no larger than 100 square feet. Such sign shall be removed within one week following the close of sale or lease.

c.

On undeveloped property, temporary unlighted signs offering the same for sale shall be allowed. Such signs shall be located at least 20 feet behind any curb or ten feet behind any property line, whichever is greater, and shall not exceed 15 feet in height. The total area of one sign message surface shall not exceed one square foot per lineal foot of street frontage of the property for sale or 100 square feet on each street fronting such property, whichever is smaller.

(2)

Garage sale signs. Temporary, unlighted signs announcing the holding of a sale of household possessions, displayed for not more than 30 days in any one year, shall be allowed in any district and may be placed in any yard. Total sign area shall not exceed eight square feet. Signs may be posted for a period of five days prior to the first day of sale and shall be removed within 24 hours following the last day of the sale.

(3)

Charity and civic event signs. Temporary, signs announcing special events, bazaars, rallies and similar activities of charity, religious, civic and philanthropic associations shall be allowed in any district and may be placed in any yard. It may be posted for a period of 12 days prior to the first day of the event and shall be removed within 24 hours following the last day of the event, but no such sign shall be allowed to remain for a period in excess of 30 days.

(Ord. No. 12-12-2013-1, § 414, 12-12-2013; Ord. No. 7-18-2019-1, pt. 1, 7-18-2019)

(a)

Upon application to the city administrator, permits may be granted for erection and alteration of signs as a matter of right in each district according to the standards set forth for each zoning district and subject to the additional regulations set forth below.

(b)

Classes of signs; general restrictions. Signs are hereby classified by general types for ease of administration and interpretation with general restrictions as follows:

(1)

Type A sign. These are signs attached against building fronts, or parallel to the face of the building or atop a canopy. No such sign shall extend more than 24 inches from any building surface to which it is attached and shall not project beyond the corner formed by the front and any other wall; nor above the highest point of either the roof or the parapet. Signs atop canopies shall not extend beyond the canopy, and shall be parallel to the wall from which the canopy extends. Not more than 75 percent of building frontage length shall be occupied by a sign.

(2)

Type B sign. These are signs designed to be used alone or as a supplement to Type A signs, where allowed, but subject to height and location restrictions in all districts where allowed. Such signs shall not exceed seven feet in height above grade, except where otherwise allowed, and shall be located at least 15 feet behind the curb of any street. The lowest part of the sign shall not be higher than three feet above grade. Such signs shall not be located in any visibility triangle and shall not obstruct the view of driveways or parking areas. Such signs shall be limited to identification of a building or advertising message. This section shall include portable signs, either lighted or unlighted, which shall not require a permit.

(3)

Type C sign.

a.

These are the signs commonly referred to as pole signs and freestanding signs and include signs supported by a building and extending toward a street, but excluding other types enumerated specifically in other subsections of this section, such as Type D and Type E signs. Type C signs, where allowed, shall be located no closer to any street than 15 feet behind the curbline separating the street from the business property and at least ten feet from any adjacent common private property line. Such signs shall be at least eight and no more than 30 feet above grade, except for those uses specifically allowed additional height. Such signs shall be subject to size limitations as set forth in the zoning districts where such signs are allowed. Such signs shall only identify the business conducted on the premises, the name of the building or tenant. No more than one pole sign on any street shall be allowed for any single building whether it contains multiple uses or not. The frontage for multiple occupancy buildings is the street frontage of the business use or uses to be served by the sign. No sign shall be erected on a lot within 40 feet of any existing Type C sign on such lot.

b.

Type C signs located within 400 feet of the right-of-way of U.S. Highway 62/82 may extend to a height of 50 feet.

(4)

Type D sign. These signs are used for identification of multiple use occupancies under centralized site management, such as a shopping center. Type D signs may be 35 feet in height above grade. A Type D sign shall have no more than two upright standards and may be located on any street on which the multiple occupancy fronts. The total area of such sign shall be 20 square feet per business up to a maximum of 300 square feet; provided, however, for less than ten businesses, the maximum total area of such sign shall be one square foot per linear foot of street frontage up to 200 square feet. Type D signs shall not be allowed if there are also Type B or Type C signs on the property; provided, however, if there is more than one building on the site to be served, single occupancy buildings thereon shall be entitled to Type C signs. Type D signs shall only identify the multiple use occupancy site by name, the businesses therein and may contain a canopy with changeable letters for theater features or other advertising purposes. Such sign shall be located at least 15 feet behind any curb, at least 300 feet from any property zoned for residential use and at least 50 feet from any other property.

a.

The sign must be set back at least 40 feet from the front property line;

b.

The front of the lot upon which the sign is placed must be at least 150 feet wide;

c.

The lot must front on a street containing at least five lanes (four through lanes and a left turn lane);

d.

The sign may not be closer than 1,500 feet to any other Type E sign containing more than 300 square feet.

(5)

Type E sign. These signs are used for identification of a new project such as a subdivision, where property is being sold for the first time to a user, new buildings, public projects and the like. These signs are not permanent but may be required for a longer period of time than most temporary signs. Such signs may be located on any property within the same zoning district or a zoning district allowing the same type of project being advertised; provided, however, if the project is located on a street with more than two marked traffic lanes, such signs shall be located only on the property where the project is located. In no event shall there be more than one on-site and one off-site Type E sign for a project and such signs shall be removed at the end of three years, completion of the project or occupancy of 75 percent of the project, whichever comes first. Type E signs shall not exceed 20 feet in height and shall be located at least 20 feet behind the curb of any street, outside any visibility triangle, and not within any parking area. Off-site Type E signs shall not exceed 300 square feet in area. On-site signs shall not exceed the total area of all other types of signs allowed.

(Ord. No. 12-12-2013-1, § 414.01, 12-12-2013)

Because signs displayed apart from a building are deemed to have greater impact than those consisting of symbols attached to a building, a different method of measurement is provided for different types and combination of signs.

(1)

Type A and B signs when used alone or in combination with each other. If the sign consists of letters painted on or attached to a building surface or a Type B sign surface without a background distinguished by color or internal lighting or enclosed in some type of painted or designed frame, then the allowable sign for Type A or Type B signs shall be the sum of the area of the rectangles necessary to enclose each feature, symbol, letter, and number displayed on all exposed sign message surfaces of the sign. If the sign lettering is enclosed in a painted or designed frame, or is in an area distinguished from the surface on which it is mounted by color, or if the sign is internally lighted, then the entire area so lighted, colored, or framed shall be deemed to be the area of the sign. One exposed sign message surface shall be considered in determining sign area.

(2)

Type A signs when used in conjunction with Type C and D. The allowable sign area for Type A signs when used with the Type C and D signs shall be the area of exposure of one sign message surface. If such sign consists of letters attached to a building, such sign message shall be deemed to have a surface area equal to the smallest square, rectangle or circle which will encompass all symbols, letters and numbers comprising the sign.

(3)

Type C, D and E signs. The allowable sign area for Type C, D and E signs shall be the combined area of exposure on one sign message surface. Supports shall not be measured, except for Type B signs, where they shall be measured.

(4)

For all types of signs, allowable sign area based on building or property frontages shall apply only to each respective street frontage and sign area for all street frontages shall not be combined along one street frontage.

(5)

Signs within PD, Planned Development Districts shall conform to the regulations of the base district, or in which the permit is granted or which is combined therewith, unless a site plan further restricts the signs. No sign will be allowed in a district which requires a site plan unless the site plan shows such sign.

(Ord. No. 12-12-2013-1, § 414.02, 12-12-2013)

(a)

If a use has street frontage on a corner, street frontage for the purpose of calculation of sign area shall be either:

(1)

In the case of a sign erected on a building, the frontage of the building on the street which the sign faces;

(2)

In the case of a freestanding sign, more than 300 feet from an intersection of any public street, the frontage of the street closest to the sign, or if equidistant from two or more streets, the longest such frontage;

(3)

In the case of a freestanding sign, less than 300 feet from an intersection, the frontage of the street upon which the largest business building on such lot faces.

(b)

If a use has street frontage on more than one street, but not on a corner, such business shall be entitled to signs by formula on each street. The table in section 38-165 depicts the type, size and other restrictions of signs generally allowed within each zoning district, except as may be otherwise provided for a particular use by the section governing a particular zoning district or by this section; and also except as may be otherwise limited by this chapter. In case of conflicting provisions, the more restrictive shall apply.

(Ord. No. 12-12-2013-1, § 414.03, 12-12-2013)

Symbols which are designed as an integral part of the building structure, and symbols and signs which are not visible or readable from the public street shall not be limited by the sign regulations of the zoning district.

(Ord. No. 12-12-2013-1, § 414.04, 12-12-2013)

(a)

No sign or lighting permitted under this division shall be erected, placed or allowed to remain whereby such sign creates confusion, impairs hearing or vision, or otherwise distracts the automotive driver using any public street. Specifically prohibited are:

(1)

High-intensity bare bulb lighting or any lighting which creates a glare or any sign so placed as to make traffic signs or signals unreadable at the normal viewing range by a driver on the public street;

(2)

Signs duplicating colors, characteristics or symbols of traffic signs or signals, or signs which cause confusion in reading such traffic signs or signals at normal viewing range; and

(3)

Signs or equipment which produce noises simulating sirens, bells, or whistles which may be confused with the warning devices of emergency vehicles traveling with the public streets.

(b)

This section does not apply to public service signs or message center signs, such as time and temperature displays.

(Ord. No. 12-12-2013-1, § 414.05, 12-12-2013)

No sign or lighting permitted under these regulations shall be authorized whereby such sign or lighting by reason of placement, lack of shielding, noise generation or character of operation would be adverse to the normal sensibilities of a person residing on adjacent property or would interfere with the reasonable use, enjoyment or right of privacy on his property. Specifically:

(1)

The source of lighting shall not be directly visible from the adjacent residential property and light shall be shielded to prevent such exposure;

(2)

The noise level of signs and lighting fixtures, when measured within the adjacent dwelling unit, shall not be greater than the noise levels of equipment customarily in operation in the home including air conditioning and kitchen refrigerators.

(Ord. No. 12-12-2013-1, § 414.06, 12-12-2013)

No sign, expect as otherwise provided in this division, shall be located within or project over any public right-of-way. This provision shall not be applicable to official traffic control signs, or entrance and exit signs less than 30 inches above grade placed with permission of the city.

(Ord. No. 12-12-2013-1, § 414.07, 12-12-2013; Ord. No. 7-18-2019-1, pt. 1, 7-18-2019)

Political signs may be placed on private real property only with the consent of the property owner and are allowed in city public right-of-way 90 days before through five days after a duly called federal, state or local election. No permit is required.

(Ord. No. 7-18-2019-1, pt. 1, 7-18-2019)

All signs for which a permit is required, together with all supports, braces, guys and anchors, shall be kept in repair. The city administrator may order the removal of any sign that is not maintained in accordance with this division. Such removal shall be accomplished at the expense of the owner or person in charge of the premises. Failure to comply with such order shall constitute a misdemeanor.

(Ord. No. 12-12-2013-1, § 414.08, 12-12-2013)

(a)

The term "changeable electronic variable message sign (CEVMS)" means a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the national standard.

(b)

Beginning February 11, 2016, no CEVMS shall be allowed within the corporate limits of the city and its extraterritorial jurisdiction.

(Ord. No. 2-11-2016-2, §§ 2, 5, 2-11-2016)

(a)

Beginning on February 11, 2016, no new construction permit shall be issued for the erection of an off-premises sign, including, but not limited to, a new off-premises CEVMS and the conversion of an existing non-CEVMS off-premises sign to a CEVMS, within the corporate limits of the city and its extraterritorial jurisdiction.

(b)

The city council, by affirmative action, may approve the placement of an off-premises sign for an operation or function of the city no matter whether the city operation is overseen by city officials or staff or by an individual or entity that contracts with the city to perform a designated operation or function of the city.

(Ord. No. 2-11-2016-2, §§ 3, 4, 2-11-2016)

Bandit signs are a type of temporary sign that is generally constructed of lightweight plastic and will be regulated as follows:

(1)

Maximum height: Two feet.

(2)

Maximum size/area: Four square feet.

(3)

Zoning permitted: In all zoning districts.

(4)

Placement/setbacks: Bandit signs may be placed in the city public right-of-way but shall not be located within any intersection sight triangle.

(5)

Maximum number: Limited to two signs per intersection per company.

(6)

Duration: The posting of bandit signs shall be authorized between the hours of Thursday at 5:00 p.m. and Monday at 8:00 a.m.

(7)

Permit required: No.

(Ord. No. 2-11-2016-2, § 7, 2-11-2016; Ord. No. 7-18-2019-1, pt. 1, 7-18-2019)

Unlawful signs found on private property shall be the responsibility of that property owner, manager, tenant, person in charge of the property, and/or any person associated with the posting or installation of the sign or benefiting from such advertising.

(Ord. No. 2-11-2016-2, § 8, 2-11-2016)

All signs in existence on and in compliance with the zoning regulations as of December 12, 2013, shall be exempt from the provisions of this division; provided, however, that all alterations to such existing signs must be made in accordance with, and are subject to, the provisions herein contained. Any nonconforming sign which is damaged or is deteriorated to a point where its restoration costs exceeds 50 percent of its replacement value shall be removed.

(Ord. No. 12-12-2013-1, § 414.09, 12-12-2013)

Permitted Use of Signs

(Ord. No. 12-12-2013-1, § 414, att., 12-12-2013; Ord. No. 01-18-2024-1, pt. 1, 1-18-2024)

The purpose of the landscaping regulations is to:

(1)

Increase street longevity;

(2)

Increase ground permeability;

(3)

Encourage conservation of trees and vegetation;

(4)

Promote energy and resource conservation;

(5)

Maintain and increase the value of land; and

(6)

Enhance the aesthetic quality of the community.

(Ord. No. 12-12-2013-1, § 418, 12-12-2013)

The provisions of these regulations shall apply to all land within the corporate limits of the city and within the zoning districts specified in this division and shall be applied as follows:

(1)

When a building permit for a new structure is required, or when a paving permit for a new parking area is required;

(2)

When a building permit for the remodeling, renovation, or expansion of an existing structure that increases the gross floor area by 50 percent or more or a paving permit that increases the number of off-street parking spaces by 50 percent or more is required;

(3)

As a minimum standard, this division shall apply to the following zoning districts: C-1, C-2, C-3, M-1 and M-2;

(4)

Minimum standards for planned developments shall be determined at such time as the approval of a planned development site plan is requested or a planned development ordinance is established.

(Ord. No. 12-12-2013-1, § 418.01, 12-12-2013)

(a)

Landscaping shall be provided within the front and side yard setbacks as well as adjacent public rights-of-way. A minimum of all of the adjacent rights-of-way or ten feet, whichever is greater, excluding existing and approved future driveways, as well as an additional eight percent of the lot area shall be utilized for landscaping.

(b)

Use of low-water-using plant materials and landscaping (xeriscaping) is encouraged. An application may be made for variance from the required plant materials contained herein if a xeriscape plan is substituted and approved by the city administrator.

(Ord. No. 12-12-2013-1, § 418.02, 12-12-2013)

All required landscaping shall be irrigated by an underground sprinkler system. All sprinkler systems shall be designed in such a manner as to minimize water runoff into adjoining streets.

(Ord. No. 12-12-2013-1, § 418.03, 12-12-2013)

(a)

Landscaping shall consist of a combination of two or more of the following types of plant materials, including, but not limited to, planted grass, trees, shrubs, ground cover, and/or other forms of plant material.

(b)

Trees with a minimum of two-inch caliper (measured one foot above grade) shall be provided and replaced as necessary at the ratio of one tree per 50 linear feet of street frontage, or fraction thereof. However, no tree shall be required where all street frontage is used for driveway entrance. All existing trees of two-inch caliper or greater will be counted towards satisfying the requirements of this division, as long as such trees do not endanger safety, health and public welfare. No tree or shrub shall be placed in such a manner as to create a hazard to vehicular traffic.

(1)

In accordance with section 38-183, all parking lots with less than 101 parking spaces shall contain a minimum of one tree per ten parking spaces. For new or expanding parking lots where the number of parking spaces exceeds 100, a sliding scale of parking spaces per tree may be applied as follows:

There may be circumstances in which the placement of trees in a new or expanded parking facility may be difficult or undesirable. In order to provide for a similar landscaping effect, parking lot trees may be waived in lieu of additional trees or larger caliper trees placed in the front and/or side yard setback area. In no case shall an alternative landscape proposal result in a net reduction of the tree requirement as measured in total tree caliper inches. Such a proposal may be submitted as part of the landscaping plan to be administratively approved by the city administrator or his designee. Appeal of any such administrative decision may be made to the planning and zoning commission.

(2)

All landscaping shall be maintained in a healthy and growing condition.

(Ord. No. 12-12-2013-1, § 418.04, 12-12-2013)

Prior to the issuance of a building permit or prior to the issuance of a paving permit, two copies of a landscaping plan shall be submitted to the city administrator for review and approval. The landscaping plan shall be drawn to scale, including all dimensions, and shall meet each of the following requirements:

(1)

Clearly show the location and size of any buildings or structures;

(2)

Clearly show the location of all paved off-street parking areas; and

(3)

Clearly show any fencing and the location, size, and description of all landscaping materials to be utilized.

No certificate of occupancy and/or paving permit shall be issued unless the landscaping plan required herein complies with this division.

(Ord. No. 12-12-2013-1, § 418.05, 12-12-2013)

(a)

When seasonal conditions warrant, the city administrator may issue a temporary certificate of occupancy for up to 180 days pending completion of landscaping. No final certificate of occupancy shall be issued prior to completion of landscape requirements.

(b)

Upon application and hearing, the planning and zoning commission may grant waivers from the application of these regulations on the finding of extreme hardship.

(Ord. No. 12-12-2013-1, § 418.06, 12-12-2013)

This division is intended to regulate and restrict the height, size, location and other features of windmills and windmill facilities and will conserve and enhance natural resources and land values and protect existing properties and the environment.

(Ord. No. 12-12-2013-1, § 423.001, 12-12-2013)

Small residential/commercial windmills are an allowed use as described in section 38-86.

(Ord. No. 12-12-2013-1, § 423.002, 12-12-2013)

(a)

Special use permit. Applicants shall submit an application and be required to obtain special use permit approval from the city planning and zoning commission to install or operate a residential and/or commercial windmill, or industrial windmill or windmill facilities in the city.

(b)

Site plan.

(1)

Applicants shall submit an application and be required to obtain site plan approval from the city planning and zoning commission before a building permit may be issued for the construction or operation of a residential and/or commercial windmill, or industrial windmill or windmill facilities in the city.

(2)

A site plan drawn in sufficient detail to show the following shall be required:

a.

Location of the tower on the site and the tower height, including blades, rotor diameter and ground clearance.

b.

Utility lines, both above and below ground, within a radius equal to the proposed tower height, including blades.

c.

Property lot lines and location and dimensions of all existing structures and uses on site within 500 feet of windmill facilities.

d.

Surrounding land use and all structures within 1,000 feet of the location of towers.

e.

Dimensional representation of the various structural components of the tower construction, including base and footing.

f.

Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.

g.

Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the International Building Code or other appropriate codes.

h.

Industrial windmill site plan applications shall include a separate plan for each tower location.

i.

The planning and zoning commission may require any further information it finds may be necessary to review the application.

(Ord. No. 12-12-2013-1, § 423.003, 12-12-2013)

The following shall govern the location, size, dimension, appearance, operation and use of windmills in the city:

(1)

Residential and/or commercial windmills.

a.

Placement.

1.

Setbacks, ice and blade throw. Setbacks from adjacent property lines, rights-of-way, easements, public ways or power lines (not to include individual residential feed lines) shall be the structure height plus 100 feet. Structure height shall be measured from the ground surface level to the maximum height of the blades above the nacelle.

2.

Number of windmills allowed per lot. One windmill shall be allowed per lot.

3.

Noise level limit. Except as otherwise provided herein, windmills shall be located so that the total amount of noise generated by windmills and all other uses upon the property shall not exceed 45 dB(A) measured at the property line.

4.

Guy wires and/or anchors. All guy wires or cables shall be marked with high-visibility orange or yellow sleeves from the ground to a point ten feet above the ground. Setbacks for any windmill tower from any property line shall be a distance of 50 feet from any anchor point for guy wires or cables.

5.

Lighting. No windmill tower shall be lighted artificially unless such lighting is required by a state or federal agency. Use of nighttime and overcast daytime condition stroboscopic lighting to satisfy tower facility lighting requirements for the Federal Aviation Administration shall be subject to on-site field testing before the planning and zoning commission, as a prerequisite to the planning and zoning commission's approval, with consideration of existing residential or commercial uses within 2,000 feet of each tower for which such strobe lighting is proposed.

6.

Broadcast interference. No individual tower facility shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. No individual tower facility shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, or wireless phone or other personnel communication systems would produce electromagnetic interference with signal transmission or reception. The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the planning and zoning commission within 60 days of any complaint.

7.

Location on lot; commercial windmills. Commercial windmill location is not restricted to rear or side yards. The planning and zoning commission shall address location on the lot during site plan review.

b.

Specifications.

1.

Maximum height limit. Maximum height limit shall be no greater than 100 feet.

2.

Kilowatt limit. Kilowatt limit shall be 10 KW.

3.

Structure. The structure shall be a solid tube.

4.

Type. All types of windmills will be allowed.

5.

Ice buildup sensors. Ice buildup sensors are not required for residential and/or commercial windmills.

6.

Connecting cables. All power transmission distribution lines from the windmill electricity generation facilities shall be underground from the windmill electric generation facilities to the collection station. All other circumstances will be reviewed during the site plan process.

7.

Blade to ground distance. The lowest portion of the blade may not be closer than 30 feet to the ground.

8.

Signage. No advertising signs are allowed on any part of residential and/or commercial windmills and windmill facilities.

c.

Notice and safety considerations and requirements.

1.

Fencing. Access to the tower shall be limited by secured entry to the tower base.

2.

Limit tip speed. No wind turbines shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor-blades, and turbine components.

d.

Operating considerations and requirements.

1.

Removal if not operational. Any windmill which has been out of active and continuous service for a period of one year shall be removed from the premises to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within 18 months of the cessation of active and continuous use of such windmill.

2.

Landscaping. Upon completion of installation the site shall be returned as close as possible to its natural state. Seeding of disturbed areas is a minimum.

3.

Buildings and grounds maintenance. Any damaged or unused parts shall be removed from the premises within 30 days or kept in a fenced, designated storage area or disposed of legally. All maintenance equipment and spare parts, etc., shall also be kept fenced in a designated storage area. Oil shall be disposed of legally.

4.

Ownership changes. If the ownership of a windmill operating under a special use permit changes, the special use permit shall remain in force. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner will continue to be obligations of succeeding owners. However, the change in ownership shall be registered with the code enforcement officer or the city secretary.

5.

Windmill modifications. Any and all modifications, additions, deletions or changes to windmills that operate under a special use permit, whether structural or not, shall be made by special use permit, except that such special use permit shall not be required for repairs which become necessary in the normal course of use of such windmill or become necessary as a result of natural forces, such as wind or ice.

e.

Certifications.

1.

Routine inspection report. An inspection report prepared by the turbine supplier/manufacturer will be required at the time of installation and every three years thereafter. The inspection report required at the time of installation and thereafter will be for the structure and the electronics and will be given to the code enforcement officer or the city secretary.

2.

National and state standards. The applicant shall show that the windmill meets all applicable manufacturers', state and U.S. standards for the construction, operation and maintenance of the proposed windmill. Windmills shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for a windmill special use permit shall furnish evidence, over the signature of a professional engineer licensed to practice in the state, that such windmill is in compliance with such standards.

3.

Lightning strike/grounding. The applicant shall show that the windmill meets all applicable manufacturers, state and U.S. standards for the construction, operation and maintenance of the proposed windmill.

4.

Wind speed/wind load. Certification is required by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the International Building Code.

f.

Sureties.

1.

Performance bond (removal). The owner of a windmill, after such application has been approved and before a building permit is issued, shall submit a letter of credit or other acceptable surety sufficient to ensure the removal if the use of the windmill is discontinued. If transmission/distribution service from a windmill is to be discontinued for a period exceeding six months, the owner of such windmill shall notify the code enforcement officer or city secretary within 30 days of the date such discontinuance commenced. Any windmill which has been out of active and continuous service for a period of one year shall be removed from the premises to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as possible. Such removal shall be completed within 18 months of the cessation of active and continuous use of such windmill.

2.

Insurance; liability. Prior to issuance of a building permit, the application shall provide the city proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance, of a level to be determined by the city manager in consultation with the city's insurer, to cover damage or injury which might result from the failure of a tower or any other part of the generation and transmission/distribution facility.

3.

Environmental contamination by oil. The owner of a windmill, after such application has been approved and before a building permit is issued, shall submit the maximum amount letter of credit or acceptable surety necessary to ensure the cleanup of any contamination. An engineer selected by the city and the city attorney shall judge whether the letter of credit or other surety is adequate and satisfactory before a building permit is issued.

(2)

Industrial windmills.

a.

Placement.

1.

Setbacks; ice and blade throw from property line. Setbacks from adjacent property lines, rights-of-way, easements, public ways or power lines (not to include individual residential feed lines) shall be the structure height plus 100 feet. Structure height shall be measured from the ground surface level to the maximum height of the blades above the nacelle. The property line setback requirement may be reduced by the planning and zoning commission incidental to the special permit review when the planning and zoning commission finds the following:

(i)

Both properties on each side of the property line in question will have electric generation or transmission facilities constructed on them as part of the project review; or

(ii)

The owner of the property for which the reduced setback is sought has executed an easement in which he consents to the reduced setback.

2.

Setbacks; ice and blade throw from dwellings. The minimum setback distance between each production wind power electric generation unit (wind turbine tower) from adjacent dwellings, areas or structures customarily used by the public shall be 1,500 feet. Structure height includes the blades. The dwelling setback requirement may be reduced by the planning and zoning commission if:

(i)

Both properties on each side of the property line in question will have electric generation or transmission facilities constructed on them as part of the project review; or

(ii)

The owner of the property for which the reduced setback is sought has executed an easement in which he consents to the reduced setback.

3.

Windmill noise level limit. Windmill noise levels at non-project property lines shall not exceed 50.0 dB(A), except as set forth herein.

4.

Guy wires and/or anchors. All guy wires or cables shall be marked with high-visibility orange or yellow sleeves from the ground to a point ten feet above the ground. Setbacks for any windmill tower from any property line shall be a distance of 50 feet from any anchor point for guy wires or cables.

5.

Lighting. Towers shall be lit according to state and federal agency guidelines. Anything over 200 feet presently requires lighting.

6.

Broadcast interference. No individual tower facility shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. No individual tower facility shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, televised or wireless phone or other personnel communication systems would be likely to produce electromagnetic interference with signal transmission or reception. The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the planning and zoning commission within 60 days of any complaint.

7.

Location on lot. Windmill location is not restricted to rear or side yards. The planning and zoning commission shall address location on lot during site plan review.

8.

Substations, etc. Substations and/or switch yards and connecting distribution systems shall meet all local, state and federal regulations.

9.

Transmission lines. The planning and zoning commission shall review locations and visual considerations at time of site plan approval.

b.

Specifications.

1.

Maximum height limit. Maximum height limit shall be no greater than 500 feet.

2.

Color. Industrial windmills must be a color approved by the planning and zoning commission unless preempted by state or federal law.

3.

Structure. The structure shall be a solid tube type.

4.

Ice buildup sensors. No wind turbines shall be permitted which lack an automatic shutdown feature in the event of blade icing.

5.

Connecting cables. All power transmission/distribution lines from the windmill electricity generation facilities shall be underground from the windmill electric generation facility to the collection station.

6.

Blade to ground distance. The lowest portion of the blade may not be closer than 30 feet to the ground.

7.

Windmill design. Only upwind design windmills are allowed in the city.

8.

Signage. No advertising signs are allowed on any part of industrial windmills and windmill facilities.

c.

Notice and safety considerations.

1.

Fencing. Access to the towers shall be limited by secured entry to the tower base.

2.

Limit tip speed. No wind turbines shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

d.

Operating considerations.

1.

Removal if not operational. Any windmill which has been out of active and continuous service for a period of one year shall be removed from the premises to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosures accessory to such windmill shall also be removed. The site shall be restored to as natural a condition as reasonably possible. Such removal shall be completed within 18 months of the cessation of active and continuous use of such windmill.

2.

Landscaping. Upon completion of installation, the site shall be returned as closely as possible to its natural state. Seeding of disturbed areas will be a minimum.

3.

Buildings and grounds maintenance. Any damaged or unused parts shall be removed from the premises within 30 days or kept in a fenced, designated storage area or disposed of in a legal manner. All maintenance equipment and spare parts, etc., shall also be kept in a fenced, designated storage area. Oil shall be disposed of properly.

4.

Ownership changes. If the ownership of a windmill operating under a special use permit changes, the special use permit shall remain in force. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner will continue to be obligations of succeeding owners. The change in ownership shall be registered with the code enforcement officer or city secretary.

5.

Windmill modifications. Any and all modifications, additions, deletions or changes to windmills that operate under a special use permit, whether structural or not, shall be made by special use permit, except that such special use permit shall not be required for repairs which become necessary in the normal course of use of such windmill or become necessary as a result of natural forces, such as wind or ice.

6.

Windmill noise level limit. Noise levels for all uses upon the property at non-project property lines shall not exceed 50 dB(A).

(Ord. No. 12-12-2013-1, § 423.004, 12-12-2013)