A.    Purpose: The regulation of off street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right of way and to promote the safety and general welfare of the public, by establishing minimum requirements for off street parking of motor vehicles in accordance with the utilization of various parcels of land. The regulations and requirements set forth herein shall apply to all off street parking facilities in all of the zoning districts of the city.

   B.    Site Plan Drawing Necessary: All applications for a zoning permit in all zoning districts shall be accompanied by a site plan drawing with dimensions indicating the location of all off street parking and loading spaces.

   C.    General Provisions:

      1.    Reduction Of Existing Off Street Parking Space: Off street parking spaces existing upon the effective date hereof shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use.

      2.    Change Of Use Or Occupancy Of Buildings: Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations.

      3.    Stall, Aisle And Driveway Design:

         a.    Parking Space Size: Each parking space shall not be less than nine feet (9') wide and eighteen feet (18') in length, and each space shall be served by adequate access aisles. Accessible stalls shall meet the requirements of the state building code. Angle parking may be allowed by conditional use permit.

         b.    Within Structures: The off street parking requirements may be satisfied by providing space in a garage or carport.

         c.    Grade: The grade of any parking area shall not exceed five percent (5%).

         d.    Surfacing: Except in the TZ district, driveways and parking stalls shall be surfaced with asphalt or concrete. In industrial zones, driveways and parking stalls may be surfaced with gravel, or other materials equivalent in controlling dust and drainage, as approved by the city engineer. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the city for review and the final drainage plan will be subject to written approval.

         e.    Striping: Except for single-family, two-family, and town house dwellings, all parking stalls shall be marked with white or yellow painted lines not less than four inches (4") wide or blue lines as required for disabled parking.

         f.    Lighting: Any lighting used to illuminate an off street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights of way.

         g.    Required Screening: All open off street parking areas of fifteen (15) or more spaces shall be screened and landscaped from abutting residential districts.

         h.    Driveway Turnarounds: In the case of single-family, two-family and town house dwellings, the installation of a vehicle turnaround space, immediately adjacent to the access driveway is permitted. Said space is to be no larger than ten feet (10') wide and fifteen feet (15') in length. Where possible, said space shall be located away from the principal structure and shall be no closer than twenty feet (20') from the street surface. Said space is not to be utilized for parking purposes.

   D.    Maintenance: It shall be the responsibility of the owner of the principal use, uses or buildings to maintain the parking space, accessways, striping and required screening.

   E.    Placement: All off street parking spaces will be regulated as follows:

      1.    Location: Off street parking spaces must be on the same lot under the same ownership as the principal use being served. As a conditional use, off street parking spaces can be on a separate lot not more than two hundred feet (200') from the principal building.

      2.    Head In Parking Prohibited: Except for single-family, two- family and town house dwellings, head in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street shall be prohibited.

      3.    No Parking Area: The boulevard portion of the street right of way may not be used for parking unless approved by the city council.

      4.    Setback Area: Required off street parking shall not be provided in required front yards or in required side yards, in residentially zoned districts.

      5.    Location Of Spaces For One- And Two-Family Dwellings: Required off street parking spaces for one- and two-family dwellings must be in the rear yard, side yards, garage, or carport. Parking spaces, including their access drives, provided in addition to required spaces must be paved with asphalt or concrete when such spaces are located in a front or side yard. Spaces in a rear yard may be surfaced with gravel.

      6.    Recreational Vehicles, Equipment, Trailers: Recreational equipment, recreational vehicles, utility trailers or equipment, and off road vehicles kept in a side yard or rear yard must be parked on a gravel, paved or concrete surface. Recreational equipment, recreational vehicles, utility trailers or equipment, and off road vehicles are limited to two (2) units and none are allowed to be on the front yard.

      7.    Enforcement: Violations may be enforced through tagging.

   F.    Use Of Required Area: Required off street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, repair work, storage of inoperable vehicles and/or storage of snow.

   G.    Accessible Parking Spaces: Accessible parking spaces shall be provided in accordance with the state building code.

   H.    Number Of Parking Spaces Required: The following minimum number of off street parking spaces shall be provided and maintained by ownership, easement and/or lease for the life of the respective uses herein set forth. Uses not specifically mentioned herein or unique cases shall be determined on an individual basis by the board of adjustment. Factors to be considered in such determination shall include (without limitation) size of buildings, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles.

Off street parking is not required for businesses in the C-1 central business district. New or enlarged structures must be provided with off street parking as required by this title.

      1.    Drive Ins: Drive aisle stacking space of fifty feet (50') for each drive in unit, plus one space for each table/booth.

      2.    Dwellings, Single-Family And Multi-Family Apartment: Two (2) spaces per unit. These requirements shall be over and above the required accessible spaces required by state or federal law.

      3.    Elderly (Senior Citizen): One parking space per unit.

      4.    General Retail: Five (5) spaces per one thousand (1,000) square feet of floor plus one space for each employee.

      5.    Hotels, Motels, Tourist Homes And Cabins: One space for each room or suite.

      6.    Industrial And Manufacturing: One space per each employee on the shift of the greatest employment, plus one truck space for each twenty thousand five hundred (20,500) square feet of gross floor area. (See also loading space regulations.)

      7.    Nursing Homes, Convalescent Homes: One space for each two (2) residents or patients plus one space for each two (2) employees plus one reserved space for emergency vehicles.

      8.    Office Buildings, Public Buildings, Professional Offices, Medical And Dental Clinics: Two (2) spaces for each one thousand (1,000) square feet of floor area plus one space for each employee.

      9.    Restaurants, Cafes, Private Clubs Serving Food And/Or Drinks, Bars, On Sale Nightclubs: One space for each table/booth in dining area, one space for every four (4) seats in bar area.

      10.    School, Public Or Private, Elementary And Junior High: At least one parking space for each classroom plus one additional space for each thirty (30) student capacity.

   I.    Joint Facilities: The council may approve a conditional use permit for one or more businesses to provide the required off street parking facilities by joint use of one or more sites where the total number of spaces provided is less than the sum of the total required for each business should they provide them separately.

      1.    The building or use for which application is being made to utilize the off street parking facilities provided by another building or use shall be located within three hundred feet (300') of such parking facilities.

      2.    Documentation as specified by the city shall be submitted demonstrating that there is not substantial conflict in the principal operating hours of the two (2) buildings or uses (for which joint use of off street parking facilities is proposed).

      3.    A properly drawn legal instrument, executed by the parties concerned for joint use of off street parking facilities, duly approved as to form and manner of execution by the city attorney, shall be filed with the city and recorded with the Clay County recorder.

   J.    Off Site Parking: Any off site, off street parking which is used to meet the requirements of this title shall be a conditional use.

   K.    Design Standards:

      1.    All off street automobile parking facilities shall be designated with appropriate means of vehicular access to a street or alley as well as maneuvering areas. Detailed plans shall be submitted to the proper official for approval for all curb cuts or driveway openings before a permit may be obtained therefor.

      2.    Parking areas shall be paved with an asphalt or concrete surfacing, afford adequate drainage and shall have bumper guards where needed.

      3.    Off street parking areas for one- or two-family uses shall be in the rear, side yards, garage, carport, upon a well defined driveway or in an area not to exceed twelve feet (12') in width.

      4.    Off street parking areas for multiple-family units of three (3) or more shall park on a designated parking lot. In no case, unless approved by the zoning official in the issuance of a zoning permit or by the city council in cases of conditional uses, shall parking be permitted on the front yard.

      5.    Parking areas shall be used for automobile parking only with no sales, dead storage, repair work, dismantling or servicing of any kind permitted.

      6.    If lighting is provided, it shall be arranged to reflect away from the residential area, and also away from any public street or highway.

      7.    Violations shall be enforced through tagging.

      8.    The driveway in front of an enclosed parking space cannot be considered a separate parking space.

   L.    Loading Space: On the same premises with every building devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing trade, hotels, hospital, laundry dry cleaning establishments or other buildings where large amounts of goods are received or shipped, erected in any district after the date of the adoption of this title, the owner or occupant shall provide loading and unloading space as follows:

      1.    Buildings of seven thousand five hundred (7,500) square feet of floor area, one loading space.

      2.    Each loading space shall be not less than twelve feet (12') in width, thirty five feet (35') in length, and fifteen feet (15') in height.

      3.    Loading space may not infringe on right of way or boulevard.

   M.    Parking Lots Of Commercial Or Industrial Uses Located In Residential Districts: When, in its opinion, the best interests of the community will be served thereby, the city council may permit, temporarily or permanently, the use of land in a residential district for a parking lot where the land abuts or is across the street from a district other than a residential district, provided that:

      1.    The lot is to be used only for the parking of passenger automobiles of employees, customers, or guests of the person or firm controlling and operating the lot, said person to be responsible for its maintenance.

      2.    The parking lot and that portion of the driveway back of the building line is to be adequately screened from the street and from adjoining property in a residential district by a sight obscuring fence or wall not less than four feet (4') high and located back of the building setback line; all lighting is to be arranged so that there will be no glare therefore annoying to the occupants of adjoining property in a residential district, and the surface of the parking lot is to be smoothly graded, hard surfaced, and adequately drained.

      3.    No charge is to be made for parking on the lot.

      4.    The lot is not to be used for sales, repair work, or servicing of any kind.

      5.    Entrance to and exit from the lot are to be located so as to do the least harm to the residential district.

      6.    No advertising sign or material is to be located on the lot.

      7.    All parking is to be kept back of the setback building line by barriers unless otherwise specifically authorized by the city council.

      8.    Such other conditions as may be deemed necessary by the city council to protect the character of the residential district.

   N.    Uses Not Specified: For any and all uses or structures not specifically provided for, the board of adjustment shall determine the necessary parking spaces after considering all the parking demands generated by the use.

(Ord. 230, 5-6-2002)

   A.    Purpose: The purpose of this section is to establish standards and procedures by which the installation and operation of wind energy conversion systems (WECS) shall be governed within the city.

   B.    Application: Wind conversion systems may be allowed as a conditional use within any nonresidential zoning district of the city, subject to the regulations and requirements of this section.

   C.    Declaration Of Conditions: The council may impose such conditions on the granting of a WECS conditional use permit as may be necessary to carry out the purpose and provisions of this section.

   D.    Site Plan Drawing: All applications for WECS conditional use permits shall be accompanied by a detailed site plan drawn to scale and dimension, displaying the following information:

      1.    Lot lines and dimensions.

      2.    Location and height of all buildings, structures, aboveground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors.

      3.    Locations and height of all adjacent buildings, structures, aboveground utilities and trees located within three hundred fifty feet (350') of the exterior boundaries of the property in question.

      4.    Existing and proposed setbacks of all structures located on the property in question.

      5.    Sketch elevation of the premises accurately depicting the proposed WECS and its relationship to structures on adjacent lots.

   E.    Compliance With State Building Code: Standard drawings of the structural components of the WECS and support structures, including base and footings shall be provided along the engineering data and calculations to demonstrate compliance with the structural design provisions of the state building code, especially with regards to wind and icing loads. Drawings and engineering calculations shall be certified by a registered engineer.

   F.    Compliance With National Electrical Code: WECS electrical equipment and connections shall be designed and installed in adherence to the national electrical code as adopted by the city.

   G.    Manufacturer Warranty: The applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within the city. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions.

   H.    Design Standards:

      1.    Height: In determining the height of the WECS, the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor. The permitted maximum height of a WECS shall be determined according to the following ways:

         a.    A ratio of one foot to one foot (1':1') between the distance of the closest property line to the base of WECS to the height of the system.

         b.    A maximum system height of fifty feet (50').

The shortest height of the two (2) above mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA regulation part 77 "objects affecting navigable air space" and/or MnDOT rule 14, MCAR 1.3015 "criteria for determining obstruction to air navigation".

      2.    Setbacks: No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback and in no event shall any part of the system be within ten feet (10') of any property line. WECS towers shall be set back from the closest property line one foot (1') for every one foot (1') of system height. WECS shall not be located within thirty feet (30') of an aboveground utility line.

      3.    Rotor Size: All WECS rotors shall not exceed twenty six feet (26') in diameter.

      4.    Rotor Clearance: Blade arcs created by the WECS shall have a minimum of thirty feet (30') of clearance over any structure or tree within a two hundred foot (200') radius.

      5.    Rotor Design: The blade design and materials are to be designed and constructed to ensure safe operation in an urban area.

      6.    Rotor Safety: Each WECS shall be equipped with both a manual and automatic braking device capable of stopping WECS operation in high wind (40 miles per hour or greater) or in conditions of imbalance.

      7.    Lightning Protection: Each WECS shall be grounded to protect against natural lightning strikes in conformance with the national electrical code.

      8.    Component Compatibility: The wind turbine and wind turbine tower are to be designed and constructed to be compatible.

      9.    Tower Access: To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:

         a.    Tower climbing apparatus shall not be located within twelve feet (12') of the ground.

         b.    A locked anticlimb device shall be installed on the tower.

         c.    Tower capable of being climbed shall be enclosed by a locked, protective fence at least six feet (6') high.

      10.    Signs: WECS shall have one sign, not to exceed two (2) square feet at the base of the tower and said sign shall contain the following information:

         a.    Warning high voltage.

         b.    Manufacturer's name.

         c.    Emergency phone number.

         d.    Emergency shutdown procedures.

      11.    Lighting: WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by FAA regulations part 77 "objects affecting navigable air space" and FAA advisory circular 70/7460-1F, September 1978 "obstruction marking and lighting".

      12.    Electromagnetic Interference: WECS shall be designed and constructed so as not to cause radio and television interference.

      13.    Noise Emissions: Noises emanating from the operation of WECS shall be in compliance with and regulated by the state pollution control standards, Minnesota regulations NPC 1 and 2, as amended.

      14.    Utility Company Interconnection: No WECS shall be interconnected with the local electrical utility company until the utility company reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the national electrical code.

   I.    Ornamental Wind Devices: Ornamental wind devices that are not a WECS shall be exempt from the provisions of this section and shall conform to other applicable provisions of this title and this code.

   J.    Zoning Permit Required: A zoning permit shall be required for the installation of a WECS in the city.

   K.    Inspection: The city hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.

   L.    Abandonment: Any WECS or tower which is not used for six (6) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. (Ord. 230, 5-6-2002)

   A.    State License Requirement: No person, except a state licensed house mover, shall move, raise or support free of its foundation any building or structure within the limits of the city, and every person, before engaging in the occupation of moving, raising or supporting of any building or structure, shall have and obtain such license. The above shall not be construed as preventing the owners of a building or structure from personally raising, moving or supporting such building or structure upon their own premises.

   B.    Permit Requirements:

      1.    Permit Required: Every licensed house mover shall, before raising, moving or supporting free of its foundation any building or structure, obtain a permit therefor from the city.

      2.    Application: A person seeking a permit shall contact the zoning official of the city to receive an application form and must file the completed application form with the zoning official. The applicant shall present plans to the zoning official for a plan review.

      3.    Hearing; Notice: Upon receipt of completed application, the zoning administrator shall schedule a hearing before the planning commission to consider the permit application, and mail notices to neighboring landowners within three hundred feet (300') of the boundary of the property to which the structure is proposed to be moved. Such written notice shall be mailed at least ten (10) days prior to the hearing and a copy of the hearing notice and list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this section, provided a bona fide attempt has been made to comply with the notice requirements in this section.

      4.    Notice And Application Copies: Notice of the hearing and a copy of the application shall be provided to the Hawley public works department, and Hawley police department.

      5.    Planning Commission Consideration: The planning commission, in determining whether or not to recommend approval of the moving permit to the city council, shall consider the same factors that apply to the conditional use permits under the zoning ordinances of the city. In addition, they shall consider the following factors:

         a.    Whether such structure is so structurally unsafe that it could not be moved without endangering persons and property in the city.

         b.    Whether the structure is structurally sound and capable of meeting building requirements subsequent to the move.

         c.    Building official may require some code compliance work to be completed before the structure is considered to be moved.

      6.    Recommendation; Conditions: The planning commission, in recommending approval of a permit, may condition the permit upon the applicant meeting certain conditions, including, but not limited to:

         a.    The route to be followed in moving the structure.

         b.    The date and time limits in which the building may be moved.

         c.    The amount of time in which Hawley public utilities operating or controlling wires or cable that must be moved or displaced to accommodate the move has to remove or displace wires or cables after receipt of notice of the time of the move.

         d.    The amount of a cash deposit or performance or completion bond required by the city council.

         e.    The amount of a cash deposit, or letter of credit for estimated costs that is required by the city council.

         f.    The alterations or repairs that must be made to the structure so as to comply with building code requirements and to upgrade the building so as to maintain the neighborhood integrity and appearance.

      7.    Place On Council Agenda: After recommendation by the planning commission, the matter shall be placed on the agenda of the next city council meeting. A favorable vote of a majority of the council members present shall be required to approve the permit. (Ord. 230, 5-6-2002)

      8.    Fee: Any application for a permit shall be accompanied by a permit fee, which shall be in an amount shown in section 3-8-1 of this code. Such fee shall not be refundable if the permit is denied. (Ord. 230, 5-6-2002; amd. Ord. 246, 12-3-2007)

      9.    Deposit Or Bond: If a permit is approved, a cash deposit or performance or completion bond in an amount set in the permit shall be filed with the city clerk/treasurer prior to the issuance of the permit, and be signed by a good and sufficient surety, setting forth the completion date therein. Such bond is for the purpose of ensuring that alterations and repairs to the structure to bring it up to standards as required in the permit are accomplished. The date of completion shall be set by the city council and the zoning official.

      10.    Procedures For Outside City Limits: In cases where a building is ultimately being moved outside the city limits of Hawley, or in the case of the moving of an accessory building or single-story garage, the application and application fee shall be filed with the zoning official of the city, but no hearing or approval of the planning commission or city council is required. Instead the zoning official may approve the permit and attach any conditions permitted in subsection B6 of this section after providing notice and having consultation with the public works department, and the police department.

      11.    Appeal Of Decision: Any applicant whose moving permit is denied by the zoning official under this section may appeal such decision to the city council within fourteen (14) days of the denial of the permit.

   C.    Removal Of Wires, Cables, And Pipes:

      1.    The person to whom a permit has been issued shall, before raising or moving any building or structure to which electrical wires, cables or piping for any purpose are attached, notify the persons, associations or corporations owning or controlling such electric wiring, cables or piping of the proposed moving of said building or structure. The person, association or corporation so notified, shall, within the time established on the permit, or if no time is established in the permit, within a reasonable time thereafter, disconnect and make safe the electric wires, cables or piping.

      2.    In every case in which a permit shall be issued as herein provided for the removal of any house or structure, when such removal requires the displacement of any overhead electrical or other wire or cable, it shall be the duty of the person, association or corporation owning, operating or controlling such wire or cable, to remove or displace the same as far as may be necessary, at the cost and expense of the person to whom a permit has been issued, to permit the removal of such house, building or structure.

      3.    The person to whom a permit has been issued shall notify the police department and the public works department, and the person, association or corporation owning, operating or controlling such wire or cable, to remove or displace the same to facilitate the removal of said house, building or structure of the exact time in which the move will take place. Such time shall conform with the conditions of the permit on time of move, if any, and the period of time in which Hawley public utilities or other association or corporation has to move or displace overhead wires or cables shall be as set out in the permit, and if no time is set out in the permit, within a reasonable time thereafter to remove or displace such wires or cables sufficiently to allow the passage of said house, building or structure.

   D.    Conditions Of Permit:

      1.    Moving Buildings Across Railway Tracks: No house, building or structure shall be moved across any railway track except at such time as permitted by the persons, associations or corporations owning or controlling such tracks.

      2.    Buildings In Streets, Lights Required: When any building or structure is being moved across or through any street or alley, a red light must be illuminated at each corner of such building or structure from sunset to sunrise. All ropes, blocks, winches, windlasses or other equipment used in the moving of said building or structure must, when obstructing the free use of a street or alley, be protected by suitable lights from sunset to sunrise.

   E.    Exceptions:

      1.    Manufactured structures approved by state and local building authorities shall be exempt from the provisions of this chapter, when otherwise in compliance with section 10-4-5 of this title.

      2.    A state license will not be required for anyone moving a dwelling not exceeding six hundred (600) square feet in area or a residential accessory building, storage building, or similar building providing the building does not exceed nine hundred (900) square feet in area and the loaded width, exclusive of eaves, in all cases does not exceed twenty four feet (24').

   F.    Penalty:

      1.    Every person violating any of the provisions of this section shall be penalized in accordance with the schedule of fines established by the city council.

      2.    Nothing contained in this penalty provision shall prevent the city from obtaining a proper injunction or restraining order directed against any person violating any of the provisions of this section from the district court for Clay County, Minnesota, in addition to such other penalties as allowed by this section. (Ord. 230, 5-6-2002)

   A.    Purpose: The purpose and intent of this sign ordinance regulating signs of all types is to:

      1.    Preserve and protect the public health, safety and welfare within the city of Hawley.

      2.    Encourage development of private property in harmony with the desired character of the city while providing due regard for the public and private interests involved.

      3.    Promote the effectiveness of signs by preventing their over concentration, improper placement, deterioration, and excessive size and number.

      4.    Enhance the flow of traffic and the convenience, ease and enjoyment of travel within the city of Hawley.

      5.    Protect travelers in the city of Hawley from injury or damage as a result of distraction or obstruction of vision attributable to signs.

      6.    Reduce advertising distractions which may contribute to traffic accidents.

      7.    Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets and other public structures and spaces shall be protected by exercising reasonable control over the character and design of sign structures.

      8.    Provide an improved visual environment for the citizens of and visitors to the city of Hawley.

      9.    Require that signs are properly maintained for safety and visual appearance.

   B.    Maintenance Provision: All exterior signs are required to be maintained in sound structural condition and nonweathered appearance. This is essential to protect the public's safety and to retain good property values for all property owners in the city limits.

   C.    Exempt Signs: The following signs are exempt from the application of the regulations herein, provided that any exempt sign, if illuminated, be internally illuminated or lit so that the light source is directed away from adjoining residences, streets, or sidewalks:

      1.    Signs not exceeding two (2) square feet in area and bearing only property numbers, post box numbers and names of occupants of premises.

      2.    A sign not exceeding two (2) square feet in area which is nonilluminated and mounted flat against the wall of the principal building is allowed for home occupations.

      3.    Flags and insignias of any government except when displayed in connection with a commercial promotion.

      4.    An advertising sign in connection with a lawfully maintained nonconforming use or conditional use, which complies with the conditions of approval, if any, and subsection D of this section.

      5.    Legal notices, identification, informational or directional signs erected or required by governmental bodies.

      6.    A sign advertising only the sale, rental or lease of the building or premises, which may not exceed sixteen (16) square feet in area and five feet (5') in height.

      7.    A sign not to exceed thirty two (32) square feet in area is permitted for each entrance to a subdivision or tract identifying the subdivision or tract name.

      8.    Temporary signs measuring not more than thirty two (32) square feet in area connected with political elections.

   D.    On Premises Signs: On premises signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. On premises signs include only signs directing attention to a business, profession, product, service, activity or entertainment conducted, sold or offered on the same premises upon which the sign is located are permitted provided:

      1.    A sign permit must be obtained prior to installation of any signs, with the exception of signs mounted flat against a building or listed uses under exempt signs.

      2.    The on premises sign is located in a commercial zoning district (C-1, C-2 or C-3), or an industrial zoning district (I-1 or I-2).

      3.    On premises signs not exceeding thirty two (32) square feet for nursing homes, assisted living centers, publicly owned governmental and cultural buildings, government and publicly regulated utility buildings and structures, religious institutions, and medical clinics are permitted.

      4.    On premises signs not exceeding sixteen (16) square feet and not lighted for approved home occupations are permitted.

      5.    The foundation base and posts of all signs may not be located upon city property or rights of way unless approved by the city council.

      6.    No part of any sign or projection may protrude over the public right of way within six feet (6') of the actual or proposed curb line. Signs, marquees, awnings and similar projections may project over the right of way a maximum of six feet (6') provided no part is within six feet (6') of the curb line and that it is over eight feet (8') above the sidewalk or the average grade at property line when no sidewalk is in place. If the street is widened, the sign would have to be moved back at the owner's expense to maintain the six foot (6') distance of the curb regulation.

      7.    No part of any sign or projection may be located within twenty five feet (25') of the intersecting curb line of an intersection if it shall impede vision between a height of thirty inches (30") and eight feet (8') (measured at a 45 degree angle).

      8.    All sources of artificial light other than streetlights shall be fixed directed or designed so as neither to measurably increase the amount of light to any abutting lot nor to confuse, distract, or be a hazard to vehicular traffic.

      9.    All sign installations shall also conform to Minnesota department of transportation and federal aviation authorities wherever applicable. Please note: the city has additional restrictive criteria to determine billboard placement. See subsection E, "Off Premises Signs", of this section.

      10.    It is the obligation of the installer to call Gopher State One Call according to state law and to properly work around all underground utilities or services.

      11.    All signs must adhere to the maintenance/enforcement provisions of this title.

   E.    Off Premises Signs: Off premises signs are only permitted when in compliance with the following provisions:

      1.    A sign permit must be obtained prior to installation of any off premises signs.

      2.    The foundation base and posts of all signs may not be located upon city property or rights of way unless approved by the city council.

      3.    The off premises sign is located in a commercial zoning district (C-1, C-2, C-3) or an industrial zoning district (I-1 or I-2).

      4.    No part of any sign or projection may be located within twenty five feet (25') of the intersecting curb line of an intersection if it shall impede vision between a height of thirty inches (30") and eight feet (8') (measured at a 45 degree angle).

      5.    All sources of artificial light other than streetlights shall be fixed, directed or designed so as not to measurable increase the amount of light to any abutting lot, street or sidewalk, nor to confuse, distract, or be a hazard to vehicular traffic.

      6.    Off premises signs must be set back from residential zoning district boundaries a distance of one hundred feet (100'). Setback dimensions will be a straight line measurement from the residential district boundary to the centerline of the sign standard.

      7.    The off premises sign surface, at one sign site, measures no more than seven hundred fifty (750) square feet in area, inclusive of the border and trim, but exclusive of the base or apron, supports, or other structural members.

      8.    The height of any off premises sign, including support structure measured from the highest centerline grade of any adjacent street, may not exceed thirty five feet (35') when located closer than one hundred feet (100') from a property line and not more than fifty feet (50') when located more than one hundred feet (100') from a property line. Height measurement will be taken from the highest centerline grade of any adjacent street.

      9.    All sign installations shall also conform to Minnesota department of transportation and federal aviation authorities wherever applicable. Please note: The city has additional restrictive criteria to determine billboard placement.

      10.    All off premises signage of three hundred (300) square feet or more will be restricted to the south side of T.H. 10 within city limits. In addition, signs must be a minimum distance of one thousand five hundred feet (1,500') apart.

      11.    All off premises signs of less than three hundred (300) square feet must be a minimum distance of six hundred feet (600') apart.

      12.    It is the obligation of the installer to call Gopher State One Call according to state law and to properly work around all underground utilities or services.

      13.    All signs must adhere to the maintenance/enforcement provisions of this section.

Note: City leased signage on quad diamond outfield fences (less than 200 square feet) is limited to three (3) sign groupings one hundred feet (100') apart.

   F.    Portable Signs: Portable signs are permitted provided:

      1.    Annual Permit: An annual sign permit is required for any portable sign to verify location, safety, and visibility.

      2.    Location: The off premises sign is located in a commercial zoning district (C-1, C-2, C-3) or an industrial zone district (I-1, I-2).

      3.    Placement On City Property; Approval: The foundation base and posts of all signs may not be located upon city property or rights of way unless approved in writing by the city council.

      4.    Projection Angle: No part of any sign or projection may be located within twenty five feet (25') of the intersecting curb line of an intersection if it shall impede vision between a height of thirty inches (30") and eight feet (8') (measured at a 45 degree angle).

      5.    Lights: No portable sign may have blinking, flashing or fluttering lights or other illuminating devices which have a changing intensity, brightness, or color.

      6.    Location Apart: No two (2) off premises portable signs may be located closer than three hundred feet (300') apart.

      7.    Number Limit: That only one on premises portable sign may be placed upon a parcel at any given time, except in the case of strip malls, office condos, and multiple business structures, where two (2) portable signs will be allowed on the parcel at any given time.

      8.    Other Provisions: All signs must adhere to the maintenance/enforcement provisions of this title.

      9.    Commercial/Highway Frontage Area: Advertising devices in a commercial/highway frontage area whether located on or off the premises, shall comply with MnDOT requirements in addition to city requirements.

   G.    Enforcement:

      1.    The sign owner will have sixty (60) days after an official written notification from the city of Hawley to repair a deficient sign. The sign will be removed from the premises if it is an immediate danger to the public. Any costs the city incurs to enforce maintenance of a sign will be charged back to the proper sign owner.

      2.    Every person violating any of the provisions of this chapter shall be penalized in accordance with the schedule of fines established by the city council.

      3.    Nothing contained in this penalty provision shall prevent the city from obtaining a proper injunction or restraining order directed against any person violating any of the provisions of this chapter from the district court for Clay County, Minnesota, in addition to such other penalties as allowed by this chapter.

      4.    Nothing in this section shall preclude city employees from seeking voluntary compliance with the provisions of this chapter, or from enforcing this chapter through notices of violation, warnings or through other informal devices designed to achieve compliance in the most efficient and effective manner under the circumstances. (Ord. 230, 5-6-2002)

   A.    Location: All fences shall be located entirely within the private property of the person, firm or corporation constructing or causing the construction of such fence.

   B.    Construction And Maintenance: Every fence shall be constructed in a substantial workmanlike manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become or remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the zoning official is hereby authorized to commence proper proceedings for the abatement thereof.

   C.    Restrictions: Barbed wire or electric fences shall not be permitted, used or constructed in any districts except as provided for below:

      1.    Electric fences shall only be permitted in the TZ district when related to farming, and hobby farms, and on farms in other districts when related to farming, and must be located a minimum of five feet (5') from a property line.

      2.    Barbed wire fences are not permitted in any districts within the city except as permitted in subsection E of this section.

      3.    Barbed wire fences are permitted at the Hawley rodeo facility.

      4.    Fences which are primarily erected as a security measure may have arms projecting into or out of the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet (7') aboveground and it does not extend past property lines.

   D.    Residential District Fences: All residential fences shall be placed within the property being fenced and conform to the following:

      1.    Fences in excess of six feet (6') in height will require a conditional use permit.

      2.    Fences in required front yards shall not exceed thirty six inches (36") in height.

      3.    The screening provisions for residential districts shall supersede, where applicable, the provisions of this section.

      4.    All posts or similar supporting instruments used in the construction of fences, shall be faced inward towards the property being fenced.

      5.    All fences shall not obstruct natural drainage.

   E.    Business And Industrial District Fences:

      1.    Business and industrial fences may be erected up to eight feet (8') in height. Fences in excess of eight feet (8') shall require a conditional use permit.

      2.    Fences which are primarily erected as a security measure may have arms projecting away from or toward the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet (7') above the ground and not to extend over the applicant's property line.

      3.    The screening provisions for business and industrial districts shall supersede, where applicable, the provisions of this section.

   F.    Special Purpose Fences: Fences for special purposes and fences differing in construction, height, or length may be permitted by the zoning official in any district in the city provided that the reasons submitted by the applicant demonstrate the purpose is necessary to protect, buffer or improve the premises for which such fence is intended. The zoning official may stipulate the height, location, construction and type of special fence thereby permitted.

   G.    Required Fencing And Screening:

      1.    Fencing And Screening – Business/Industrial, Multi-Family: Where any business, industrial use or multi-family building of five (5) or more units (i.e., structure, parking or storage) abuts property zoned for residential use, that business, industry or multi-family building shall provide screening along the boundary line of the residential property. Screening shall also be provided where a business, industry or multi-family building of five (5) or more units is across the street from a residential zone, but not on that side of a business, industry or multi- family building considered to be the front yard. Provided, however, that the provisions of this section will not apply where a multi-family building abuts property also zoned for multi- family use. All fencing and screening specifically required by this title shall be subject to section H of this section and shall consist of either a fence or a greenbelt planting strip as provided for below:

         a.    A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a minimum height of six feet (6'). Earth mounding or berms may be used but shall not be used to achieve more than three feet (3') of the required screen. The planting plan and type of plantings shall require approval of the city.

         b.    A required screening fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect five feet (5') in height for multi-family uses and at least five feet (5') for business and industrial uses. The design and materials used in constructing a required screening fence shall be subject to the approval of the city. Fences in excess of eight feet (8') in height shall require a conditional use permit.

   H.    Traffic Visibility:

      1.    Visibility At Intersections In Residential Districts: On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two feet (2') and eight feet (8') and within thirty feet (30') from the intersecting curb lines, or within twenty feet (20') from the intersecting property lines if there is no curb.

      2.    Fences, Walls, And Hedges: No fence, wall or hedge shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two feet (2') and eight feet (8') where it will interfere with traffic or pedestrian visibility from a driveway or alley to a public way. In required front yards, fences, walls, hedges or structures shall be at least seventy five percent (75%) open space for passage of air and light. No fence exceeding twenty four inches (24") in height may be erected within ten feet (10') of a driveway in a required side yard abutting a street corner lot unless such fence is at least seventy five percent (75%) open.

   I.    Parking Lots And Driveways Abutting Residential Districts: Whenever a parking lot or a driveway to a parking lot is established in other than a residential district so as to abut the side or rear line of a lot in a residential district, a sight obscuring fence of at least five feet (5') in height shall be constructed and maintained along said side or rear lot line. (Ord. 230, 5-6-2002)

   A.    Purpose: The regulation of daycare facilities in these zoning regulations is to establish standards and procedures by which daycare facilities can be conducted within the city without jeopardizing the health, safety and general welfare of the daycare participants and/or the surrounding neighborhood. This section establishes the city's minimum requirements for the establishment of daycare facilities which are not defined as permitted uses by state statute or which are operated in uses other than single-family homes. Daycare facilities other than those defined as permitted uses by state statutes which operate in a single-family dwelling as an accessory use shall be subject to section 10-5-10 of this chapter and processed as a home occupation.

   B.    Application: Daycare facilities which are not a permitted use in a district shall be considered a conditional use within the R-1, R-2, R-3, C-1, C-2, and TZ zoning districts of the city and shall be subject to the regulations and requirements of section 10-3-3 of this title. In addition to the city regulation, all daycare facility operations shall comply with the minimum requirements of the Minnesota department of health and human services regulations, as may be amended.

   C.    Declaration Of Conditions: The planning commission may recommend and the council may impose such conditions on the granting of a daycare facility conditional use permit as may be necessary to carry out the purpose and provisions of this section.

   D.    General Provisions: Daycare facilities shall be allowed as a principal use or as an accessory use, provided that the daycare facilities meet all of the applicable provisions of this section.

      1.    Lot Requirements And Setbacks: The proposed site for a daycare facility must have a minimum lot area as determined by the Minnesota department of health and human services. The council may increase the required lot area in those cases where such an increase is considered necessary to ensure the compatibility of activities and maintain the public health, safety and general welfare. The daycare facility must meet the minimum setback requirements of the respective zoning district.

      2.    Lot Requirements And Setbacks; Accessory Use: The site of the proposed daycare facility as an accessory use shall meet all area and setback provisions of the respective zoning district in which the facility is to be located.

      3.    Screening: Where the daycare facility is in or abuts any commercial or industrial use or zoned property, the daycare facility shall provide screening along the shared boundary of such uses. All of the required fencing and screening shall comply with the fencing and screening requirements of section 10-5-5 of this chapter.

      4.    Parking:

         a.    For daycare facilities as a principal use, there shall be adequate off street parking which shall be located separately from any outdoor play area and shall be in compliance with section 10-5-1 of this chapter. Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with section 10-5-5 of this chapter.

         b.    When a daycare facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required.

      5.    Loading: For daycare facilities as a principal use, one off street loading space shall be provided.

      6.    Signage: All signing and informational or visual communication devices shall be in compliance with the provisions of this code relating to signs.

      7.    Compliance With State Requirements: The structure and operation shall be in compliance with state of Minnesota, department of health and human services regulations and be licensed accordingly.

   E.    Nonconforming Use: Existing daycare facilities lawfully existing on the effective date hereof may continue as nonconforming uses. Any existing daycare facility that is discontinued for a period of more than one hundred twenty (120) days, or is in violation of the provisions of this section under which it was initially established, shall be brought into conformity with the provisions of this section.

   F.    Inspection: At any and all reasonable hours the city hereby reserves the right upon issuing any daycare facility conditional use permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. (Ord. 230, 5-6-2002)

   A.    Purpose: In order to accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community, these regulations are necessary to facilitate provision of wireless telecommunications service to the residents and businesses of the city, minimize adverse visual effects of towers through careful design and siting standards, avoid potential damage to adjacent properties from structural failure through structural standards and setback requirements, and maximize the use of existing and approved structures and buildings to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community.

   B.    Towers In Residential/Commercial/Industrial Zoning Districts:

      1.    Towers supporting amateur radio antennas and conforming to all applicable provisions of this code are allowed only in the rear yard of residential zoned property.

      2.    Towers supporting commercial antennas and conforming to all applicable provisions of this code are allowed only upon city owned property upon issuance of a lease from the city of Hawley.

   C.    Colocation Requirement: All commercial wireless telecommunication towers erected, constructed, or located within the city must be approved through a conditional use permit and comply with the following requirements:

      1.    A proposal for a new commercial wireless telecommunications tower must not be approved unless the applicant proves that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a reasonable search radius of the proposed tower due to one or more of the following reasons:

         a.    The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned or equivalent equipment at a reasonable cost.

         b.    The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost.

         c.    Existing or approved towers and building within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified professional engineer.

         d.    Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

      2.    Any proposed commercial telecommunications tower must be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user.

   D.    Tower Construction Requirements: All towers erected, constructed, or located within the city, and all wiring therefor, must comply with the Minnesota state building code.

   E.    Tower And Antenna Design Requirements: Proposed or modified towers and antennas must meet the following design requirements:

      1.    Towers and antennas must be designed to blend into the surrounding environment through the use of color, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration.

      2.    Commercial wireless telecommunication towers must be a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment if the applicant provides evidence to the city that an alternative design is necessary to successfully engage in commercial telecommunication services.

      3.    Towers and antennas must be designed to function without guy wires.

   F.    Tower Setbacks: Towers must conform with each of the following minimum setback requirements:

      1.    Towers must meet the setbacks of the underlying zoning district and may not encroach upon any easement.

      2.    Towers must be setback from the public right of way a minimum distance equal to one-half (1/2) of the height of the tower including all antennas and attachments.

      3.    Towers may not be located between a principal structure and a public street within a front or side yard, with the following exceptions:

         a.    In industrial zoning districts, towers may be placed within a side yard abutting an internal industrially zoned street.

         b.    On sites adjacent to public street on all sides, towers may be placed within a side yard abutting a local street.

   G.    Tower Height: All proposed towers must meet the following height limitations:

      1.    The height of towers will be determined by measuring the vertical distance from the tower's center point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions.

      2.    Towers must conform to the following height restrictions:

         a.    In all nonresidential zoning districts, the maximum height of any tower, including all antennas and other attachments, must not exceed one foot (1') for each two feet (2') the tower is set back from a residential zoning district or a maximum height of one hundred fifty feet (150'), whichever is less, unless the applicant provided evidence to the city that the proposed tower height is technically necessary to successfully engage in commercial communication services.

         b.    All towers must conform to these maximum height restrictions of this section, unless located upon public buildings and utility structures.

   H.    Tower Lighting: Towers must not be illuminated by artificial means and not display strobe lights unless such lighting is specifically required by the federal aviation administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

   I.    Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information is prohibited.

   J.    Screening: All towers and structures accessory to the tower must be screened in accordance with the requirements stipulated in the conditional use permit.

   K.    Abandoned Or Unused Towers Or Portions Of Towers: All abandoned or unused towers and associated facilities must be removed within seven (7) months of the cessation of operations at the site unless a time extension is approved by the city council. In the event that a tower is not removed within seven (7) months of the cessation of operations at the site, the tower and associated facilities may be removed by the city and the costs of removal billed to owner of tower.

   L.    Antennas Mounted On Roofs, Walls, And Existing Towers: The placement of commercial wireless telecommunication antennas in C-1, C-2, C-3, I-1 and I-2 districts on roofs, walls and existing towers may be approved by the resolution of the city council, provided the antennas meet the requirements of this section. Requests under this section must be accompanied by a final site plan and building plan and a report prepared by a qualified professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method for affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment must be indicated.

   M.    Interference With Public Safety Telecommunications: No new or existing telecommunications service may interfere with public safety telecommunications. Before the introduction of new service or changes in frequencies or maximum signal output, telecommunication providers must notify the city at least ten (10) calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.

   N.    Towers And Antennas Upon Public Right Of Way And Public Property: With the exception of the necessary electric and telephone service and connection lines approved by the city, no part of any antenna or tower nor any lines, cable, equipment, or wire or braces in connection with either may at any time extend across or over any part of the public right of way, public street, highway, sidewalk, or property line.

   O.    Additional Submittal Requirements:

      1.    In addition to the information required elsewhere in this title, development applications for towers must include the following supplemental information:

         a.    Descriptions of the tower height and design including cross section elevation,

         b.    Documentation of the height above grade for all potential mounting positions for collated antennas and the minimum separation distances between antennas,

         c.    Descriptions of the tower's capacity, including the number and type of antennas that can be accommodated,

         d.    Documentation regarding what steps the applicant will take to avoid interference with established public safety telecommunications,

         e.    Other information necessary to evaluate the request.

      2.    For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successor to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

      3.    Before the issuance of a zoning permit, the following supplemental information must be submitted:

         a.    Proof that the proposed tower complies with regulations administered by federal aviation administration; and

         b.    A report from a qualified professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards. (Ord. 230, 5-6-2002)

   A.    Purpose: This section identifies yard, lot area, building type and height requirements in each zoning district and establishes general development standards.

   B.    Usable Open Space: Except for elderly (senior citizen) housing, each multiple-family dwelling site shall contain at least three hundred fifty (350) square feet of "useable open space" as defined in section 10-2-1 of this title for each dwelling unit contained therein.

   C.    Height:

      1.    Building heights in excess of those standards contained in the district provisions may be allowed through a conditional use permit, provided that:

         a.    The site is capable of accommodating the increased intensity of use.

         b.    The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets.

         c.    Public utilities and services are adequate.

         d.    For each additional story over the district limitation or for each additional ten feet (10') above the maximum allowed per district, front and side yard setback requirements shall be increased by ten percent (10%).

         e.    The provisions regarding section 10-3-3 of this title are considered and satisfactorily met.

      2.    The building height limits established for district shall not apply to the following:

         a.    Belfries.

         b.    Chimneys or flues.

         c.    Church spires.

         d.    Cooling towers.

         e.    Cupolas and domes which do not contain useable floor space.

         f.    Elevator penthouses.

         g.    Flagpoles.

         h.    Monuments.

         i.    Parapet wall extending not more than three feet (3') above the limiting height of the building.

         j.    Poles, towers and other structure for essential services.

         k.    Necessary mechanical and electrical appurtenances.

         l.    Farm buildings.

         m.    Wind energy conversion system towers as regulated by section 10-5-2 of this chapter.

         n.    Communication, reception/transmission devices as regulated by section 10-5-7 of this chapter.

      3.    No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty five percent (25%) of the area of such roof nor exceed ten feet (10').

   D.    Building Type And Construction:

      1.    No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish shall be permitted in any zoning district, except in the I-1, I-2, TZ, and C-3 zoning districts.

      2.    Exterior building finishes shall consist of materials comparable in grade to the following:

         a.    Brick.

         b.    Natural stone.

         c.    Decorative concrete block.

         d.    Cast in place concrete or precast concrete panels.

         e.    Wood; provided, the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood or cypress.

         f.    Curtain wall panels of steel, fiberglass and aluminum (nonstructural, load bearing); provided that such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion resistant design.

         g.    Glass curtain wall panels and glass block.

         h.    Stucco.

         i.    Vinyl.

         j.    Steel, aluminum and masonite siding.

         k.    Other materials as determined by the city zoning official but not including galvanized or unfinished metal, except in the I-1, I-2, TZ, and C-3 zoning districts.

   E.    Yards: No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this title, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided for any building or structure shall be included as part of any open space required for another structure.

      1.    The following shall not be considered as encroachments on yard setback requirements:

         a.    Chimneys And Ornamental Features: Chimneys, flues, leaders, pilasters, lintels, ornamental features, sills, cornices, buttresses, eaves, gutters and the like may project not more than two and one-half feet (21/2') into any required yard. Gutters attached to eaves may project six inches (6") beyond the eaves.

         b.    Walks Or Steps: Walks or steps for negotiating ground slopes, retaining walls, hedged and natural growth, paved terraces, paved areas or similar features.

         c.    Access Ramps: Ramps for access by persons with disabilities may extend to a property line.

         d.    Heating Or Air Conditioning Equipment: Equipment for essential services, and heating and air conditioning equipment, all accessory to and customarily incidental to the principal use, are permitted in yards and courts. Exception: Heating and air conditioning equipment is not permitted in a front yard, unless screened.

         e.    Fire Balconies And Escapes: Open work fire balconies and fire escapes may not extend more than three feet (3') into a required yard.

         f.    Additions: An addition to a lawfully established structure which because of a change in the setback requirements (from 1974 ordinance) is not in conformance with the current requirements may be added to even if the addition violates the current setback requirements provided that:

            (1)    The addition does not encroach across a property line.

            (2)    The addition does not extend into the applicable yard requirement greater than the existing structure.

            (3)    The length of the addition may not exceed the length of that part of the existing structure which is in violation of the current setback requirement or twenty feet (20'), whichever is less.

   F.    Uncovered Porches And Decks: Uncovered porches and decks may not extend into a side, rear, or front yard setback. No exterior stand alone wood burning units are permitted in any zoning district.

   G.    Minimum Lot Area Per Unit: The lot area per unit requirement for single-family, two-family, townhouse, apartment and planned unit developments shall be calculated on the basis of the total area on the lot.

      1.    One-Family: As specified in zoning district provisions.

      2.    Multiple-Family: As specified in zoning district provisions.

   H.    Single-Family Dwellings: All single-family detached homes except in the R-4 district shall:

      1.    Be constructed upon a permanent foundation that meets the requirements of the state building code.

      2.    Not be less than twenty two feet (22') in width. Width measurements shall not take account of overhang and other projections beyond the principal walls.

   I.    Dwelling Unit Restriction:

      1.    No garage, tent, accessory building, travel trailer or motor home shall at any time be used as living quarters, temporarily or permanently.

      2.    Energy conserving designs in housing are not prohibited by this provision of this title, provided that a conditional use permit is approved by the council and the structure complies with the standards imposed by the state and the uniform building code.

      3.    Tents, playhouses, travel trailer or motor homes or similar structures may be used only for play or recreational purposes.

      4.    No accessory building or structure other than a fence or temporary construction office may be constructed prior to the time of construction of the principal building or structure.

   J.    Platted And Unplatted Property:

      1.    Any person desiring to improve property shall submit to the zoning official an accurate description of the property to be improved including front, rear and side yard lot lines of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city provisions.

      2.    All buildings shall be placed so that they will not obstruct future streets, which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.

      3.    Not more than one principal building shall be located on a lot.

   K.    Swimming Pools:

      1.    A permit shall be required for all swimming pools with a capacity of five thousand (5,000) gallons and/or two feet (2') or more of depth. Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:

         a.    The proposed location and its relationship, to the other principal buildings on the lot.

         b.    The size of the pool.

         c.    Fencing and other fixtures existing on the lot, including utility location and trees.

         d.    That the requirements contained in subsection K2 of this section will be satisfied.

      2.    All pools for which a permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least six feet (6') in height. The bottoms of the fences shall not be more than four inches (4") from the ground. Fences shall be of a noncorrosive material and shall be constructed so as to be not easily climbable. All fencing openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to small children. All fenceposts shall be decay or corrosion resistant and shall be set in concrete bases or other suitable protection. The opening between the bottom of the fence and the ground or other surfaces shall be not more than four inches (4").

      3.    Aboveground and belowground swimming pools are permitted in rear yards only. A minimum setback of eight feet (8') must be maintained from the edge of the pool to a side or rear property line.

   L.    Drainage Plans:

      1.    In the case of all residential subdivisions, multiple-family, commercial and industrial developments, the drainage plans with appropriate spot site elevations shall be submitted to the city for review and the final drainage plan shall be subject to written approval. In the case of such uses, no modifications in grade and drainage flow through fill, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the city engineer. (Ord. 230, 5-6-2002)

      2.    New residential construction shall have the building elevation requirements set by the city engineer in writing. The elevation shall be measured as the difference in the following two (2) points: from the front elevation of the finished garage floor, to the flowline of curb (lowest point of curb) measured from the center of the driveway.

The typical range shall be thirty (30) to thirty six inches (36"). The final determination will be made by the city engineer to avoid drainage problems and other potential conflicts. (Ord. 236, 7-26-2004)

      3.    Hawley city council may set a uniform foundation elevation for new subdivisions by resolution.

   M.    Glare: Any lighting used to illuminate an off street parking area, signs or other structures, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of light shall be hooded or controlled in some manner so as not to light adjacent property. Bare light bulbs shall not be permitted in view of adjacent property or public right of way. Any light or combination of lights which cast light on residential property shall not exceed four (4) foot-candles (meter reading) as measured from said property. This section shall not apply to sports stadiums and athletic fields or to public recreational facilities.

   N.    Refuse:

      1.    Location And Screening: All refuse and refuse handling equipment including, but not limited to, garbage cans, dumpsters and recycling containers shall be stored within the principal structure, within an accessory building, or for exterior storage, totally screened from eye level view from all neighboring uses, and the public right of way, except for the following:

         a.    Detached single-family residences.

         b.    Duplexes.

         c.    All other residential structures with four (4) dwelling units or less.

      2.    Exterior Storage: Exterior storage shall require the following:

         a.    The enclosed trash receptacle area shall be located in the rear or side yard and shall observe all applicable setback requirements and easements.

         b.    The trash enclosure must be in an accessible location for pick up hauling vehicles.

         c.    The trash receptacles must be fully screened from view of adjacent properties and the public right of way by a fence or wall of at least five feet (5') in height and a minimum opaqueness of eighty percent (80%).

   O.    Outside Storage, Residential, Commercial And Industrial Uses:

      1.    In residentially zoned areas, the following items shall not be stored on a lot, unless they are within a building:

         a.    Racing cars.

         b.    Recreational equipment, recreational vehicles, utility trailers or equipment, and off road vehicles kept in a side yard or rear yard must be parked on a gravel, paved, or concrete surface. No parking in front yard is allowed.

         c.    Construction and landscaping material, unless they are currently being used on the premises.

         d.    On and off street parking of noncurrently registered and/or inoperable passenger vehicles and trucks.

         e.    Front yard exterior storage of firewood, or any exterior storage of firewood, which storage is not for the purpose of consumption by the person or persons on whose property it is stored.

         f.    Household storage including lawn maintenance and snow removal equipment and tools, furniture, and recreational tools and equipment, when not in use, must be kept in a garage, storage building, screened enclosure in a rear yard, or behind the dwelling so as not to be visible from the street.

      2.    All nonresidential outside storage shall conform to the following conditions:

         a.    The area occupied is not within a required front or required side yard.

         b.    The storage area is totally fenced or fully screened. For purposes of this subsection O, storage does not include the display of goods which are being sold at retail to the general public such as automobiles, trucks, farm equipment and similar items.

         c.    The storage area is surfaced to control dust and drainage according to a plan submitted to and subject to approval of the city engineer. Gravel surface storage is permitted when approved by the city engineer.

         d.    All lighting shall be hooded and so directed that the light source shall be in compliance with subsection M of this section.

         e.    The storage area does not encroach upon required parking spaces or required loading space as required by this chapter.

         f.    A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the city engineer. (Ord. 230, 5-6-2002)

   A.    Accessory Structures, Uses, And Equipment In Residential Districts:

      1.    Within Front Yard: With the exception of a garage or driveway, no accessory building, structure, use or equipment may be placed within a front yard.

      2.    Maximum Size; Permit: On a lot with an existing garage, no storage shed, tool shed, hobby shed or similar building for a single-family dwelling may occupy more than one hundred fifty (150) square feet, except by conditional use permit.

      3.    Lot Requirements: In addition to a garage, not more than one storage shed, tool shed, hobby shed and/or similar building and/or structure may be permitted on any single parcel, except by conditional use permit. Buildings such as gazebos, outdoor living rooms, pool enclosures and similar buildings may be constructed in addition to garages, storage sheds, tool and hobby sheds but subject to the lot coverage requirements for the district in which located.

      4.    Additional Structures; Permit: No permit shall be issued for the construction of more than one accessory building and/or structure on any single lot except for an accessory building for storage not exceeding one hundred twenty (120) square feet in addition to a detached garage, except by conditional use.

      5.    Encroachment: Accessory buildings including those of less than one hundred twenty (120) square feet may not encroach into the required side and rear yard setbacks and required easements.

      6.    Setback Requirements: Except as otherwise noted, accessory buildings and uses for all principal uses other than single- family detached dwellings shall conform to the setback requirements specified for the respective zoning district in which they are located.

      7.    Lot Area: For lots under ten thousand (10,000) square feet in area, the total floor area of a detached garage or garages may not exceed nine hundred (900) square feet of floor area; for lots of ten thousand (10,000) square feet to under twenty one thousand seven hundred eighty (21,780) square feet the garage area may not exceed one thousand one hundred fifty (1,150) square feet; and for lots twenty one thousand seven hundred eighty (21,780) square feet or more, the garage area may not exceed one thousand five hundred (1,500) square feet, and in all cases may not exceed the ground coverage of the dwelling, except by conditional use permit.

      8.    Private Garages; Permit: No zoning permit may be issued for more than one private garage for each single-family dwelling, except by conditional use permit, except lots in excess of twenty one thousand seven hundred eighty (21,780) square feet may have two (2) garages and the total area of both garages may not exceed one thousand five hundred (1,500) square feet or the ground coverage of the dwelling, except by conditional use permit.

      9.    Footprint Of Main Floor: When a garage, storage building, or other accessory structure contains a loft, attic, or second story, only the footprint of the main floor of the building shall be used to determine its size.

   B.    Floor Area: Except in the case of single-family detached dwellings, and two-family dwellings, accessory buildings shall not exceed seventy percent (70%) of the gross floor area of the principal buildings. Accessory buildings for single-family dwellings shall be limited by subsection A of this section. Garages and storage or similar buildings for two-family dwellings must be limited to nine hundred (900) square feet in area per dwelling unit. A conditional use permit is required for exceptions to these limitations.

   C.    Height Limitations: Except as expressly allowed by conditional use permit, accessory buildings shall not exceed sixteen feet (16') in height. Accessory buildings other than garages shall be limited to fourteen feet (14') in height on all two-family or town house unit lots.

   D.    Conditional Use Permits: Application for a conditional use permit under this section shall be regulated by chapter 3 of this title. Such a conditional use permit may be granted provided that:

      1.    There is a demonstrated need and potential for continued use of the structure and the purpose stated.

      2.    In the case of residential uses, no commercial or home occupation activities are conducted on the property.

      3.    The building has an evident reuse or function related to the principal use.

      4.    Accessory buildings shall be maintained in a manner that is compatible with the adjacent uses and does not present a hazard to public health, safety and general welfare.

      5.    The provisions of chapter 3 of this title shall be considered and a determination made that the proposed activity is in compliance with such criteria. (Ord. 230, 5-6-2002)

   A.    Purpose: The purpose of this section is to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood.

   B.    Application: Subject to the nonconforming use provision of this title, all occupations conducted in the home shall comply with the provisions of this title. This section shall not be construed, however, to apply to home occupations accessory to farming.

   C.    Requirements; General Provisions: All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions:

      1.    General Provisions:

         a.    No home occupation shall produce light glare, noise, fumes, odor or vibration that will in any way have an objectionable effect upon adjacent or neighboring properties.

         b.    No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. No equipment shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in the voltage off the premises.

         c.    Any home occupation shall be clearly incidental and secondary to the residential use of the premises. Not more than twenty five percent (25%) of the square footage of livable space of the dwelling unit shall be permanently set aside to be used in the conduct of the home occupation. It should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

         d.    No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

         e.    There shall be no exterior storage of equipment or material used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

         f.    The home occupation shall meet all applicable fire and building codes.

         g.    There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling unit with the exception of directional and identification/business signs to the extent authorized by the provisions of section 10-5-4 of this chapter relating to signs.

         h.    All home occupations shall comply with the provisions of this code.

         i.    No home occupation shall be conducted between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. unless said occupation is contained entirely within the principal building and will not require any on street parking facilities.

         j.    Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than fifteen feet (15') from the curb line or edge of paved surface.

         k.    Not more than one person other than those who customarily reside on the premises shall be employed.

         l.    The home occupation shall not involve any of the following: small engine or auto repair or reconditioning or manufacturing.

         m.    All permitted home occupations must be conducted entirely within a building and must comply with the requirements of section 10-5-9 of this chapter. (Ord. 230, 5-6-2002)