Hector City Zoning Code
SPECIAL PROVISIONS
§ 151.105 SITE PLAN REVIEWS FOR MULTIPLE-FAMILY HOUSING, COMMERCIAL, INDUSTRIAL, OR MANUFACTURED HOME PARK DEVELOPMENTS.
(A) Screening.
(1) All commercial or industrial principal and accessory buildings which are situated within and adjacent to a residential zoning district shall be screened from such district by a wooden wall or fence of not less than 100% opacity and not less than eight feet in height above the level of the residential district property at its boundary. Such wall or fence shall be set back from the property line at least five feet. In the setback area shall be planted a combination of coniferous and deciduous plants and, possibly, vines in order to soften the appearance of the fence or wall from the affected residential area.
(2) Walls or fences of lesser heights or planting screens may be permitted by the Planning Commission if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that a screening of the type required by this code would interfere with the provision of adequate amounts of light and air to the residential properties.
(3) All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as to not become unsightly, hazardous, or less opaque than when originally constructed.
(B) Landscaping.
(1) All exposed ground areas surrounding or within a principal or accessory use including street boulevards which are not devoted to drives, sidewalks, patios, or other such uses shall be landscaped. All landscaped areas shall be kept neat, clean, and uncluttered. No landscaped area shall be used for the parking of vehicles or of the storage or display of materials, supplies, or merchandise.
(2) Landscaping shall include:
(a) Tree planting at the rate of at least one tree per 800 square feet of landscaping area;
(b) A combination of berming and tree planting; and
(c) Berming with low ground cover (slopes shall be no greater than one foot in elevation per three horizontal feet).
(3) The minimum size of planted trees shall be two inches caliper for deciduous trees and six feet in height for coniferous trees.
(C) Outdoor storage and displays.
(1) Open storage in industrial or commercial district buildings shall be allowed only with a conditional use permit. All other storage shall be maintained within an enclosed building or structure.
(2) All materials, by-products, supplies, merchandise, or other similar matter not on display for direct sale, rental, or lease to the consumer or user shall be stored within a completely enclosed building or within the confines of a 100% opaque wall or fence no less than five feet tall or other buffering approved by the Planning Commission. Merchandise which is offered for sale as described heretofore may be displayed beyond the confines of a building only upon application to the City Council for special temporary permission and only following agreement to all conditions which may be attached to such authorization.
(Prior Code, § 151.095) (Ord. 149, passed 3-9-1998)
§ 151.106 OFF-STREET PARKING AND LOADING FACILITIES.
(A) Minimum size requirement.
(1) Each space shall contain a minimum area of not less than 300 square feet including access drives, a width of not less than eight and one-half feet, and a depth of not less than 20 feet. Spaces for the physically handicapped shall be 12 by 20 feet, plus off loading zone.
(2) Each space shall be adequately served by access drives. All loading spaces shall be sufficient to meet the requirements of each issue and shall provide adequate space for storage and maneuvering of the vehicles it is designed to serve. The minimum dimensions allowable for a loading space or truck berth shall be 12 feet in width and 65 feet in depth.
(B) Reduction and use of parking and loading space. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter for a similar new building or use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter, except as provided in § 151.038 (Variances). Such required parking or loading space shall not be used for storage of goods or for storage of vehicles that are inoperable or for sale or rent.
(C) How to calculate required parking. In calculating the number of parking spaces required, the following rules shall govern.
(1) FLOOR SPACE shall mean the gross floor area of the specific use.
(2) Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
(3) For uses not specifically listed in this chapter, uses for which a specific number of spaces have not been defined or for joint parking facilities serving two or more different uses, the Zoning Enforcement Officer shall determine the number of spaces to be required by utilizing the requirements of the most similar use listed in § 151.107. Issuance of zoning permits for the above situations shall be subject to approval of all site plans.
(D) Loading docks and berths. Placement of loading docks and berths shall be limited to side and rear yards, except that where a dock or berth is so designed as to be fully enclosed and incorporated within a principal structure, including any vehicle being loaded or unloaded, such dock or berth may be placed in a front area.
(E) Buffer fences and planting screens. Off-street parking and loading areas near or adjoining residential districts shall be screened by a fence not less than eight feet in height and 100% opaque. On the residential side of such fence shall be a five-foot wide area which is landscaped with coniferous and deciduous plantings and approved by the Planning Commission. Plans of such screen or fence shall be submitted for approval as a part of the required site plan and such fence and landscaping shall be installed as part of the initial construction.
(F) Access.
(1) Parking and loading space shall have proper access from a public right-of-way.
(2) The number and width of access drives shall be so located as to minimize traffic congestion and abnormal traffic hazard, and no driveway in the industrial district shall be closer than 50 feet from any right-of-way line of a street intersection. In R-1 and R-2 Residence Districts and the Commercial District, the minimum distance shall be 20 feet.
(G) Location of parking facilities. Off-street parking of trucks or buses with a gross weight of over four and one-half tons, except for deliveries and unloading, in all residential districts shall be prohibited
(H) Lighting. Lighting shall not be directed upon the public right-of-way and nearby or adjacent properties. Such illumination must be indirect or diffused.
(I) Required site plan. Any application for a zoning permit shall include a site plan or plot plan drawn to scale and dimensions showing off-street parking and loading space to be provided in compliance with this chapter. All new principal buildings shall be drawn to scale on a registered land survey (refer to § 151.040).
(J) Application of parking and loading requirements. Off-street parking and loading regulations shall apply to all buildings and uses of land established after the effective date of this chapter.
(K) Required number of off-street spaces. Off-street parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors, and employees shall be provided on the premises of each use. Section 151.107 designates the minimum number of parking and loading spaces that are required to be provided and maintained at the time any new use or structure is occupied or any existing use or structure is enlarged or increased in capacity.
(Prior Code, § 151.096) (Ord. 149, passed 3-9-1998)
§ 151.107 SCHEDULE OF OFF-STREET PARKING REQUIREMENTS.
Land Use | Number of Spaces | Per Unit |
Land Use | Number of Spaces | Per Unit |
All other commercial | 5.5 | 1,000 sq. feet |
Apartment building | 1 plus 0.5 in common for visitors | Bedroom |
Apartment building for the elderly | .5 | Dwelling unit |
Auto body shop | 4 | Service stall |
Automobile service station | 4 | Service stall |
Bed and breakfast inn | 1 plus 1 for the owner | Sleeping unit |
Bowling alley | 5 | Alley |
Churches, auditoriums, and other places of assembly | 1 | 4 seats |
Convalescence of nursing homes | 0.35 | Bed |
Convenience food store | 1 | 1,000 sq. feet |
Elementary and nursery schools | 1.6 | Classroom |
Funeral home | 1 | 5 seats |
Grocery store | 7 | 1,000 sq. feet |
Hospitals | 3 | Bed |
Junior high schools | 1.6 | Classroom |
Manufactured homes | 2 | Manufactured home lot |
Manufacturing | 1 or 2 | Employee on principal shift 1,000 sq. feet |
Medical and dental clinics | 5 | Doctor or dentist |
Motels, hotels | 1 | Sleeping unit |
Museums and libraries | 3 | 1,000 sq. feet |
Office building (less than 20,000 sq. feet) | 5 | 1,000 sq. feet |
Office building (more than 20,000 sq. feet) | 4 | 1,000 sq. feet |
One- and two-family house | 2 | Dwelling unit |
One- and two-family rental dwelling | 1 per adult tenant | Dwelling unit (min. of 2 spaces) |
Recreation center | 1 or 5.5 | 4 seats or 1,000 sq. feet |
Restaurants and taverns | 1 or 1 | Table or 2 stools |
Retail business | 5.5 | 1,000 sq. feet |
Self-service car washes | 4 | Lane (3 on entrance side, 1 on exit side) |
Senior high schools | 4.5 | Classroom |
Townhouses, 4-, 6-, or 8-family buildings | 2* plus 0.5 in common for visitors | Dwelling unit |
Warehouse | 1 or 1 | Employee on principal shift 2,000 sq. feet |
Drive through service - provide 80 feet of vehicle stacking. * Does not include the driveway in front of the garage door. | ||
(Prior Code, § 151.097) (Ord. 149, passed 3-9-1998)
§ 151.108 BED AND BREAKFAST ESTABLISHMENTS.
Bed and breakfast establishments (“establishment”) may be allowed as a conditional use in the city by permit as provided by the zoning and land use regulations established by the city if the following conditions are met.
(A) The owner or resident manager of the establishment shall operate and reside at the facility.
(B) The establishment shall conform to State Health and Building Code requirements.
(C) The establishment’s owner must furnish evidence that licenses required by the state either have been issued or will be issued before commencing operation.
(D) The establishment shall be limited to five guest rooms.
(E) Guests shall not stay at the establishment for more than 30 days within any 90-day period.
(F) The establishment shall provide a minimum of one off-street automobile parking space for each guest room and one off-street automobile parking space for the owner of the establishment.
(G) Identifying signs for the establishment to be no more than 20 square feet in total, located on the building and consistent with the character of the building.
(H) No cooking or cooking facilities shall be allowed or provided in the establishment’s guest rooms.
(I) Meals shall be provided only to overnight guests of the establishment. The City Council may approve, at its sole discretion, the provision of meals for non-guests for special events, such as banquets or family gatherings, but only if adequate parking is provided and no increase in traffic volume will occur as a result of the special event. Approval may be limited to a single event or on an annual basis.
(J) The City Council may, at its sole discretion, waive parking and other non-health and safety requirements of land use and zoning ordinances of the city for facilities listed on the National Register of Historic Places.
(Prior Code, § 151.098) (Ord. 149, passed 3-9-1998)
§ 151.109 SERVICE STATION AND CAR WASH REGULATIONS.
(A) Automotive service stations. Motor fuel stations are subject to submission of a site plan conforming to the following design standards and a statement agreeing to performance of those standards.
(1) The parcel of land shall not be less than 150 feet wide and 125 feet deep with one side facing on an arterial, minor arterial, or collector street.
(2) No curb cut on an arterial or collector street shall be within 75 feet and no curb cut on a local street shall be within 25 feet of the intersection of the project curb lines; no curb cut shall exceed 32 feet at the sidewalk line; the driveway installed with a curb cut shall not cause the public sidewalk to slope greater then one-fourth inch per foot; no more than three curb cuts shall be permitted.
(3) The pump islands shall observe the required front yard setback, 15 feet or more of which shall be landscaped and protected by a curb at least six inches high except for approved driveway crossings.
(4) All of the area of the parcel except that covered by buildings and landscaping shall be hard surfaced to control dust and drainage. Drainage and surfacing plans to be approved by City Engineer.
(5) An eight-foot tall, 100% opaque fence shall be installed and maintained along the property line where the line abuts a residentially zoned parcel. There shall be a five-foot wide strip of land on the residential side on the fence landscaped with a combination of deciduous and conifers plant approved by the City Planning Commission. Should the abutting area be zoned residential, a 50-foot setback is to be provided between the property line and any principal or accessory structure.
(6) A minimum of four parking spaces for each service stall shall be provided, none of which are within the service drives for the pumps nor within the required front yard; also, should the motor fuel station be a combined business, the portion of the site and structure devoted to such other business shall be calculated independently for determining parking to be provided.
(7) All lights shall be so located and/or shielded that the resulting light pattern does not extend into abutting residential lots or the public right-of-way beyond the intensity of one foot-candle.
(8) The sale or rental of trailers, autos, campers, boats, or other merchandise requiring outside storage shall be considered a separate business, shall be approved as a separate business, and shall not occupy the minimum area required to conduct a motor fuel station.
(9) No obstructions shall be placed in the public right-of-way, handicapped ramps, parking stalls, or access drives.
(10) A perspective drawing, including elevations, shall be submitted for approval which indicates an architectural style compatible with adjacent existing or proposed developments.
(11) Provisions shall be made for on lot receptacles for the storage of trash in areas which are screened from the public view.
(12) Where vending machines are proposed as an accessory use, they shall be incorporated into the design of the structure.
(13) All fuel storage tanks shall be placed in conformance with state fire codes and so located that they may be serviced without the truck extending beyond the property line.
(B) Car washes. Car washes are subject to the submission of a site plan conforming to the following design standards and a statement agreeing to the performance of those standards.
(1) The minimum lot width shall be 125 feet at the front yard building setback line.
(2) No curb cut on an arterial or collector street shall be within 75 feet and no curb cut on a non-major thoroughfare shall be within 25 feet of the intersection of the project curb lines; no curb cut shall exceed 28 feet at the sidewalk line; the driveway installed with a curb cut shall not cause the public sidewalk to slope grater than one-fourth inch per foot; nor more than two curb cuts shall be permitted on any one public street.
(3) A side and rear yard setback of five feet shall be maintained between the parking area and any lot line adjacent to commercial or industrial districts. A side and rear setback of 50 feet shall be maintained between any parking area and any lot line adjacent to all Residential Zoning (R-1 and R-2) Districts.
(4) An eight-foot decorative fence, or a 15-foot wide planting strip and three-foot decorative fence shall be installed and maintained along the property line where the line abuts a residentially zoned parcel. Should the planting strip and fence combination be selected, the proposed planting plan shall be approved by the Planning Commission. Should the abutting area be zoned residential, a 50-foot setback is to be provided between the property line and any principal or accessory structure.
(5) Parking shall be provided in accordance with § 151.107.
(6) Interior curbs shall be constructed within the property lines to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be a normal six inches in height.
(7) All lights shall be so located and/or shielded that the resulting light pattern does not extend into abutting residential lots or the public right-of-way beyond the intensity of one foot-candle.
(8) Selling or storage of commodities or services (including gasoline sales), other than as defined in this section, shall be conducted in conformance with the requirements of the zoning district in which the car wash in located.
(9) All washing facilities shall be completely within an enclosed building.
(10) A perspective drawing, including elevations, shall be submitted for approval which indicates an architectural style compatible with adjacent existing or proposed developments.
(11) Provisions shall be made for one lot receptacle for the storage of trash in areas which are screened from the public view.
(12) Vacuuming facilities shall not be located along public streets and shall be completely screened from public streets and adjacent property.
(13) Where vending machines are proposed as an accessory use, they shall be incorporated into the design of the structure.
(14) Where gasoline sales are involved, all fuel storage tanks shall be placed in compliance with the State Fire Code underground and so located that they may be serviced without the tank trunk extending beyond the property line. Where gasoline sales are also involved, compliance with service station requirements must be met.
(15) All wash water disposal facilities, including sludge, grit removal, and disposal equipment, shall be subject to the approval of the City Engineer and shall conform with all city ordinances regarding sewage and health provisions, and shall be designed so as not to affect detrimentally the city sewer system. A flammable waste trap is required.
(Prior Code, § 151.099) (Ord. 149, passed 3-9-1998)
§ 151.110 FILLING OR REMOVAL OF SOIL, SAND, OR OTHER MATERIALS.
The dumping of dirt, rock, or other earthen material is permitted in any district not part of a drainage channel, provided the surface of such material is graded within a reasonable period of time and in a manner preventing the collection of stagnant water and that the ground surface is left in a condition suitable for the growing of turf or for other land uses permitted in the district.
(Prior Code, § 151.100) (Ord. 149, passed 3-9-1998)
§ 151.111 ANTI-BLIGHT REGULATIONS.
(A) Purpose. The purpose of this section is to control, through zoning regulations, certain land uses that have a direct and detrimental effect on the character of the city’s residential and commercial neighborhoods. The City Council specifically recognizes the sanctity and fundamental nature of free speech and does not intend to regulate or ban speech based on content.
(B) Findings. The City Council makes the following findings regarding the effect sexually-oriented businesses have on the character of the city’s neighborhoods. In making these findings, the City Council accepts the recommendations of the “Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses”, dated June 6, 1989.
(1) Sexually-oriented businesses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other uses.
(2) Residential and commercial neighborhoods located within close proximity to sexually-oriented businesses experience the following negative impacts:
(a) Increased crime rates, particularly in sex-related crimes such as rapes, prostitution, indecent exposure, and other lewd and lascivious behavior;
(b) Property values which are either diminished or fail to appreciate at the rate of other comparable properties not located in proximity to sexually-oriented businesses;
(c) Increased transiency and decreased stability of ownership;
(d) Deteriorated neighborhood appearance from litter and graffiti;
(e) Sex-related harassment of residents and customers by motorists and pedestrians;
(f) A perception that the area is “unsafe”; and
(g) Difficulty in attracting and retaining customers, employees, and desirable tenants.
(3) The adverse impacts which sexually-oriented businesses have on surrounding areas diminish as the distance from the sexually-oriented business increases.
(4) The adverse impacts of sexually-oriented businesses are exacerbated when the uses are located near each other.
(5) The presence of liquor establishments in the immediate vicinity of sexually-oriented businesses also compounds the adverse impacts on the neighborhood.
(6) Sexually-oriented businesses can exert a dehumanizing influence on persons attending places of worship, children attending day care centers or schools, and people using public parks and libraries.
(7) Sexually-oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area where they are located, thereby exacerbating the shortage of affordable and habitable housing for city residents.
(8) The concentration of sexually-oriented businesses in one area can have a substantially detrimental effect on that area and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating: other businesses move out of the vicinity and residents flee from the area. The resulting decline in real estate values erodes the city’s tax base and contributes to overall urban blight.
(9) Land-use regulations are appropriate to minimize the detrimental effects that sexually- oriented businesses have on adjacent land uses.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The following words and terms shall have the following meanings when used in this section, except as provided otherwise in division (D) below.
SEXUALLY-ORIENTED BUSINESS.
(a) A business that meets any of the following criteria, measured on a daily, weekly, monthly, or yearly basis:
1. Has more than 25% of its inventory, stock in trade, or publicly displayed merchandise in sexually-oriented materials;
2. Devotes more than 25% of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to sexually-oriented materials; or
3. Derives more than 25% of its gross revenues from sexually-oriented materials; or
(b) A business that engages for any length of time in a sexually-oriented use as defined below or any other use that has an emphasis on specified sexual activities or specified anatomical areas.
SEXUALLY-ORIENTED MATERIALS. Visual, printed, or aural materials, and other objects or devices which:
(a) Contain, depict, simulate, or describe specified sexual activities or specified anatomical areas;
(b) Are marketed for use in conjunction with, or are primarily used only with or during, specified sexual activities; or
(c) Are designed for sexual stimulation.
SEXUALLY-ORIENTED USE. Any of the following activities and businesses, even if the activity exists for only a short-time.
(a) ADULT BODY PAINTING STUDIO. An establishment or business that provides the service of applying paint, ink, or other substance, whether transparent or non-transparent, to the body of a patron when the person is nude.
(b) ADULT BOOKSTORE. An establishment or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, movies, or motion picture film if it meets the criteria established in the definition of SEXUALLY-ORIENTED BUSINESS above.
(c) ADULT CABARET. A business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on the depiction of nudity, specified sexual activities, or specified anatomical areas, or the presentation, display, or depiction of matter that seeks to evoke, arouse, or excite sexual or erotic feelings or desire.
(d) ADULT COMPANIONSHIP ESTABLISHMENT. A business or establishment that provides the service of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(e) ADULT CONVERSATION/RAP PARLOR. A business or establishment that provides the services of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(f) ADULT HEALTH/SPORT CLUB. A health/sport club that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(g) ADULT HOTEL OR MOTEL. A hotel or motel that presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(h) ADULT MASSAGE PARLOR/HEALTH CLUB. A massage parlor or health club that provides massage services distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(i) ADULT MINI-MOTION PICTURE THEATER. A business or establishment with a capacity of less than 50 persons that as a prevailing practice presents on-premises viewing of movies, motion pictures, or other material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(j) ADULT MODELING STUDIO. A business or establishment that provides live models who, with the intent of providing sexual stimulation or sexual gratification, engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted.
(k) ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are used to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
(l) ADULT MOTION PICTURE THEATER. A motion picture theater with a capacity of 50 or more persons that as a prevailing practice presents material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.
(m) ADULT NOVELTY BUSINESS. An establishment or business that has a variety of items for sale if it meets the criteria established in the definition of SEXUALLY-ORIENTED BUSINESS above.
(n) ADULT SAUNA. A sauna that excludes minors by reason of age, and that provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(o) ADULT STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, if the building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered human genitals, pubic area, buttock, anus, or female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a state of sexual arousal, whether or not completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(a) Actual or simulated: sexual intercourse; oral copulation; anal intercourse; oral-anal copulation; bestiality; direct physical stimulation of unclothed genitals; flagellation or torture in the context of a sexual relationship; the use of excretory functions in the context of a sexual relationship; anilingus; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pedophilia; piquerism; or zooerastia;
(b) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;
(c) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
(d) Fondling or touching of nude human genitals, pubic regions, buttocks, or female breasts;
(e) Situations involving a person or persons, any of whom are nude, who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation, torture, fettering, binding, or other physical restraint of any person;
(f) Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, or vaginal or anal irrigation.
(D) Exceptions. This section does not regulate the following:
(1) Any material with significant literary content or social commentary;
(2) A business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided for off-site use or entertainment, if the sexually-oriented material on each item is blocked from view by an opaque cover as required under M.S. § 617.293, as it may be amended from time to time, and each item is in an area accessible only by an employee of the business;
(3) Any person or organization exempted under M.S. § 617.295, as it may be amended from time to time;
(4) Any activity regulated under M.S. § 617.202, as it may be amended from time to time;
(5) Displaying works of art showing specified anatomical areas, so long as no sexually-oriented materials are for sale, and the business does not have a liquor license; and
(6) Movies rated G, PG, PG-13, NC-17, or R.
(E) Location of a sexually-oriented business.
(1) A sexually-oriented business may locate only in the B-1 District.
(2) No person may operate a sexually-oriented business on property, any part of which is within the area circumscribed by a circle that has a radius of 250 feet from any of the uses listed below. Distances must be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the boundary lines of the property parcels where the two uses are located. This distance requirement applies to the following uses:
(a) Property used or zoned for residential uses;
(b) A day care facility, school, library, park, playground, state or federal wildlife area or preserve, religious institution, or other public recreational facility;
(c) Premises licensed under the city code under the provisions relating to liquor, beer, 3.2% malt liquor, and wine licensing; and
(d) Another sexually-oriented business.
(F) Sign restrictions for sexually-oriented businesses. In order to protect children from exposure to lurid signs and materials, to avoid the appearance that the windows are boarded-up and that the property is deteriorating, and to preserve the value of property surrounding sexually-oriented businesses, the following sign regulations apply to all sexually-oriented businesses, in addition to other sign regulations in the code.
(1) All signs must be flat wall signs. No signs may be freestanding, located on the roof, or contain any flashing lights, moving elements, or electronically or mechanically changing messages.
(2) No merchandise, photos, or pictures of the products or entertainment on the premises may be displayed in, or immediately behind, window areas or any other area, if they can be viewed from outside the portion of the building in which the business is located.
(3) Window areas must not be covered or made opaque in any way. No signs may be placed in a window. A sign no larger than one-square-foot must be placed on the main entrance door and must state, “adults only”. The letters of this message must be a minimum of two inches high. The only other information on this sign may be the hours of operation.
(Prior Code, § 151.101) (Ord. 149, passed 3-9-1998) Penalty, see § 151.999
§ 151.112 ANTENNAS AND TOWERS.
(A) Antennas and dish-type antennas having a diameter no greater than 30 inches. Antennas and towers having over-all heights of 75 feet or less are a permitted use in all districts and are permitted encroachments on height requirements of this code. This includes towers of all types and antennas of all types and sizes except dish-shaped antennas having a diameter greater than 30 inches. Antennas and dish- shaped antennas having a diameter of 30 inches or less are exempt from any requirement for a building permit, but are subject to excavation permit requirements when applicable. Antennas and towers higher than 75 feet require a conditional use permit.
(1) Vertical antennas. The bottom of the base of a mast- or tower-mounted vertical antennas may be at a height of 75 feet or less with no over-all height limit for the top of the antenna. The highest point of any ground mounted vertical antenna, however, may be no more than 75 feet.
(2) Directional satellite communications antennas. The point at which the main boom of a directional, non-dish-type satellite communications antenna or antenna array is attached to its support structure (tower, mast, rotator, and the like) can be no more than 75 feet high. The uppermost part(s) of such antenna(s) can be at 100 feet.
(3) Height. The height of an antenna, dish antenna, or tower shall be measured from the adjacent ground elevation at the base of the antenna, dish, or tower to the highest point of the antenna or tower. If the antenna or tower is mounted on a building, height is measured from the average grade level on which the building is constructed.
(4) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. A wire or other device that receives or transmits radio waves.
DIRECTIONAL SATELLITE COMMUNICATIONS ANTENNA. Any directional antenna or antenna array designed to provide radio communications using satellites, manned or unmanned spacecraft, moonbounce, troposcatter, meteor-trail ionization, or similar vehicles or propagation modes.
TOWER. A structure to which an antenna is attached.
(B) Installation requirements. An excavation or building permit is required for all towers and antennas for which excavation is required. All antennas and towers must conform to the Uniform Building Code, the National Electric Code, the city/county airport zoning ordinance, and the regulations of the Federal Airways Administration (FAA) and Federal Communications Commission (FCC). Antennas or towers may be installed in utility casements if a waiver is obtained from the City Engineer and the City Council.
(C) Tower locations. Antennas and towers shall not be allowed nearer the street than the principal building on the lot; and nearer the rear or side lot lines than the minimum rear or side yard setback. Wire antennas are exempt from this requirement.
(D) Encroachment. No part of an antenna may extend beyond the lot line over an adjoining lot without written permission from the owner or lessee of that adjoining lot.
(E) Reservations. The city reserves the right to permit antennas, in its sole discretion, on the top of water towers, high rise buildings, and other structures.
(Prior Code, § 151.102) (Ord. 149, passed 3-9-1998)
§ 151.113 RELOCATING STRUCTURES; HOUSE MOVING.
A building, including an accessory building, which is proposed to be moved from one land parcel to another land parcel within the city shall require a conditional use permit and a building permit. Any relocated building not exceeding ten feet in width or 12 feet in length and being not over ten feet in height require only a building permit.
(Prior Code, § 151.103) (Ord. 149, passed 3-9-1998)
§ 151.114 STORAGE OR TRANSFER OF FLAMMABLE LIQUID.
There shall be no storage or transfer of Class I or Class II flammable liquid, including filling of underground storage tanks, within 50 feet of any dwelling.
(Prior Code, § 151.104) (Ord. 149, passed 3-9-1998)
§ 151.115 PERFORMANCE STANDARDS.
(A) Compliance required. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electrical, or other substance, condition, or element in such a manner, or in such amount, as to adversely affect the surrounding area of adjoining premises, provided that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this section limited objectionable elements at the point of the determination of their existence.
(B) Points of measurement. The determination of the existence of any objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent; provided, however, that the measurement necessary for enforcement of performance standards set forth in this section shall be taken at property line boundaries.
(Prior Code, § 151.105) (Ord. 149, passed 3-9-1998)
§ 151.116 SIGNS.
(A) Purpose.
(1) The purpose of this section is to provide standards for the use and display of signs. It is recognized that signs serve an important function and, therefore, reasonable and adequate display of signs is permitted under the provisions of this section. At the same time, this section recognizes that there is a definite need to regulate the display of signs as signs utilize the visual element of the public right-of-way to bring messages to the public. Limitations and standards are established herein consistent with the type of the district and the uses and activities in the district.
(2) Any sign placed on land or on a building for the purposes of identification or protection of the same or for advertising a use conducted thereon or therein shall be deemed to be accessory and incidental to such land, building, or use. It is the purpose of this section to place such limitations on the display of all signs as will assure that they will be appropriate to the land, building, or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification, protection, or advertisement.
(B) General requirements. Except as otherwise provided by this section, signs as defined in § 151.004, where permitted, shall comply with the following requirements.
(1) Location. No sign shall be placed in or extended over any public right-of-way in any district except the B-l Central Business District. Pre-existing signs which violate required setbacks and/or encroachment of rights-of-way shall be considered as non-conforming structures. Signs in street right-of- way shall be eight feet above grade line. In no case shall signs create any traffic sight hazards.
(a) Pre-existing signs which violate required setbacks and/or encroachment or rights-of- way shall be considered as non-conforming structures.
(b) No sign shall be erected to project above the roof or parapet wall line of any building except by conditional use permit.
(c) Wall signs integral with, painted on, or attached flat against the face of the building and/or structure shall not extend more than 24 inches from such a structure.
(d) No temporary sign shall be attached to a light standard or the supporting pylon of a freestanding sign.
(2) Measuring. For multi-faced signs. Each display face shall be measured except in the case of two-sided signs that are identical on both sides.
(3) Traffic hazard. No sign shall be erected near or at any intersection of any streets in such manner as to obstruct free and clear vision, or at any location where by reason of position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device.
(4) Marquees, canopies, and awnings. Signs attached to a marquee shall not extend beyond the face or vertical surface of such marquee. No sign or sign structure, except as mentioned above, shall be placed on the roof of a marquee. No advertising shall be placed on any awning or canopy except the name of the owner and/or business conducted on the premises.
(5) Freestanding signs. Freestanding signs shall not exceed 27 feet in height above the ground on which they rest. No part of any sign may be within five feet of any property line.
(6) Roof sign. Roof-mounted signs are not permitted.
(7) Wall signs. Wall signs placed or painted on the exterior walls of buildings shall not extend beyond 24 inches of the wall surface. Wall signs attached to and projecting from the exterior walls of buildings shall not extend beyond 24 inches of the wall surface and shall not cover more than 15% of that business’ wall.
(8) Illumination. The light from any illuminated sign or from any light source, including interior of a building, shall be so shaded, shielded, or directed that the light intensity of brightness shall not adversely affect surrounding or facing residential districts, or adversely affect safe vision of operators of vehicles moving on public or private roads, highways, or parking areas. Light shall not shine or reflect on or into residential structures.
(9) Maintenance of signs. All signs shall be kept in good repair.
(10) Other identification signs in business centers.
(a) If a canopy or other building overhang is used, each business may have an under- canopy identification sign not exceeding four square feet.
(b) Each business may have an identification sign on its door not exceeding three square feet.
(C) Sign standards by zoning districts.
(1) General. The following sign standards by zoning district shall apply to every existing zoning district and new zoning district hereafter created unless otherwise expressly provided in such zoning districts. Only signs as described herein shall be permitted. Municipal signs are exempt.
(2) Signs permitted in all zoning districts. Subject to the other conditions of this chapter, the following signs shall be permitted in any zoning district within the city. Signs in divisions (C)(2)(a) to (C)(2)(d) shall be considered temporary. These signs and those described in division (C)(2)(g) shall be allowed to be placed in any required yard setback, not including boulevards or public right-of-way.
(a) Construction signs. One non-illuminated temporary sign facing each bordering street, identifying all parties engaged in the construction of a building, provided that the sign shall not exceed 35 square feet in area, does not obstruct the vision in the public right-of-way, and is removed within 30 days following occupancy of the building.
(b) Real estate signs. One non-illuminated real estate sign not over 5% of the wall to which it is attached advertising the sale, rental, or lease of only the building or premises on which it is located, or 12 square feet per side if freestanding.
(c) Political signs. All non-commercial signs of any size may be posted from August 1 in a state general election year until ten days following the state general election, and in the case of a special election, from 30 days before the special election to ten days after a special election.
(d) Portable signs. Portable signs are not permitted on highway frontage per M.S. §§ 173.01 and 173.02, as they may be amended from time to time. Portable signs may not be erected or placed for more than 30 days at a time.
(e) Owner-occupant sign. One residential name sign not to exceed two square feet per sign side in area, identifying only the name of the owner or occupant of a residential building.
(f) Home occupation sign. One non-illuminated identification sign, not to exceed four square per sign side in area, for the following permitted uses: residential professional offices, home occupations, and boarding-lodging houses.
(g) Billboards. Billboards are not permitted in any district, except billboards may be permitted only by conditional use permit in AG and B-2 Districts. Billboards are any permanent nongovernmental sign with not more than two sides advertising product services, commodities, entertainment, or other activity not offered at the location of the sign, or not exclusively related to the premises on which the sign is located. A billboard is a freestanding sign having an area of up to 200 square feet.
1. Billboards are not permitted within 500 feet of residential districts.
2. No permit shall be granted for any proposed billboard if it is within 1,500 feet of any existing billboard. Existing billboards shall be defined as any billboard located within or outside the city’s municipal boundaries.
3. No billboard shall be erected on any roof of a building.
4. Billboards must be landscaped around the base of the sign.
5. A billboard may not be a principal use.
6. No billboard structure shall contain more than two signs per facing.
7. The maximum height of any portion of the sign, including trim and extensions, shall be not more than 30 feet.
(h) Off-premises signs. Off-premises signs are not permitted except with special permission of the City Council.
(3) Signs permitted in residential districts. Subject to the other conditions of this chapter, the following signs shall be permitted in residential districts.
(a) Subdivision plat signs. Temporary signs advertising a new subdivision plat, provided such signs do not exceed 48 square feet in aggregate surface area per sign side, identifying only the plat in which they are located, are nonilluminated, and are erected only at dedicated street entrances to the plat. Such signs shall be removed if construction of subdivision improvements is not in progress on the plat within 60 days following the date of the sign erection or as soon as 80% of the lots are developed and sold.
(b) Club, lodge, and office signs. One illuminated or non-illuminated identification sign not to exceed 40 square feet per sign side in area for the following uses: clubs, lodges, fraternities, and professional offices where permitted.
(c) Civic/religious organizations and other permitted nonresidential uses. One illuminated or non-illuminated identification sign or bulletin board not to exceed a total of 40 square feet in area for the following uses: public schools, parochial schools, colleges, public libraries, museums, social and recreational buildings, parks, playgrounds, hospitals, sanitariums, charitable and religious institutions, churches, cemeteries, and governmental office buildings.
(d) Vacancy signs. Vacancy signs within residential districts are limited to four square feet.
(4) Signs permitted in highway commercial, agricultural, and industrial districts. The following signs shall be permitted in the B-2, AG, and CI Districts.
(a) Signs as permitted in residential districts. Signs as permitted and regulated for the uses in the residence districts.
(b) Business signs.
1. Name plate signs and business signs are permitted, provided the aggregate square footage of sign space per lot shall not exceed the sum of four square feet per front foot of such lots. The maximum allowable being 200 square feet.
2. The maximum height of a freestanding sign shall not exceed 27 feet.
(5) Signs permitted in the B-1 Central Business District. Name and business signs are permitted, provided the aggregate square footage of sign per lot shall not exceed the sum of two square feet per front lineal foot of building. On corner lots, two front foot calculations are allowable provided such side contains a major building entrance. Signage shall be designed to enhance and complement the character of buildings within the district. All new signs, the replacement, alteration, painting, and so forth of an existing sign, requires a design review application.
(D) Prohibited signs. The following described signs are hereby declared a nuisance and shall be prohibited in all districts of the city.
(1) Revolving and flashing signs. Signs which revolve or flash or consist of lights which revolve or flash are prohibited with the exception of devices which inform the public of time and/or temperature. Moving message type signs shall be permitted as an exception when their messages consist primarily of news, public announcements and the like, or a non-advertising nature.
(2) Signs imitating official signs. Signs which imitate an official traffic sign or signal or which contain the words “stop”, “go slow”, “caution”, “danger”, “warning”, or similar words.
(3) Confusing signs. Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device; or which hide from view any traffic or street sign or signal: or which obstruct the view in any direction view at a street or road intersection. Any sign that does or would interfere with the ability of drivers or pedestrians to see any traffic sign or signal or any crosswalk or otherwise constitute a public hazard.
(4) Roof sign.
(5) Other temporary signs. Signs which are pasted or attached to utility poles, trees, fences, or other signs.
(Prior Code, § 151.106) (Ord. passed - -; Ord. 149, passed 3-9-1998)
§ 151.117 OPT-OUT OF M.S. § 462.3593.
Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.
(Ord. 151.107, passed 8-8-2016)