Thirty-five (35) feet in the "R-1" and "R-2" Districts.

Forty-five (45) feet in the "R-3," "C-1," "C-2," "I-1," "I-2," and "U-1" Districts.

The height of the antenna structure does not exceed two hundred (200) feet.

The setback for the central vertical position of the antenna structure shall be a minimum of thirty (30) feet from all property lines. All rigid radiation elements of the antenna structure shall be set back a minimum of ten (10) feet from all property lines. Guy wires and anchors may be located within such required yards.

The construction shall be of such a type as may be required by the Zoning Inspector to form a safe and durable structure. Antenna structures shall conform to all other applicable Federal, State and local codes and ordinances.

Definitions. As used in this Section, the following terms shall have the meanings indicated:

If an antenna structure is to be erected such that if the structure were to fall it would fall upon any surrounding property, the written approval of the owner or owners of the adjoining property upon which the structure could fall must be obtained before proceeding with construction; provided, however, that such approval shall not be required if the City’s Building Inspector is provided a statement certified by a duly licensed engineer confirming that the tower shall be designed and constructed to break away or fall upon itself or upon the immediate area, with no impact upon the surrounding properties.

Not more than a total of eight (8) vehicles per day will stop, in connection with the home business, at the place of business in any one (1) twenty-four (24) hour period. A "stop" of a vehicle shall include parking, stopping to load or unload anything, and stopping to pick up or drop off passengers. Not more than three (3) vehicles shall be parked on the street adjacent to the premises at any one time. Not more than one (1) vehicle licensed for more than twenty-eight thousand (28,000) pounds will stop, in connection with the home business, at the place of business in any one (1) fourteen (14) day period.

There is no outside storage of anything connected with the business, except one (1) vehicle used in connection with the business. Such vehicle may be no larger than a passenger van or pickup truck.

No equipment shall be used in connection with the business which creates offensive noise, vibration, smoke, dust, odor, heat or glare.

The business is conducted indoors or in a back yard or side yard that has privacy from a fence, hedge, or other obstruction to vision which is not otherwise unlawful under this Chapter or this Code.

The business is operated by a person residing in the dwelling.

There are not more than two (2) other persons regularly employed at the premises in connection with the business.

No structural alterations or constructions involving features not customarily found in dwellings are required.

The proposed home occupation will not interfere with permitted uses in the neighborhood or make the premises unsuitable for such permitted uses.

The proposed home occupation will not disturb the peace of the neighborhood.

The proposed use will not cause any substantial traffic problems.

Holding a meeting at home for religious purposes;

Holding a meeting in a home for political purposes; or

Having a meeting for social purposes.

Continued and discontinued use. The lawful use of land or of a building existing at the time of the adoption of this Chapter may be continued, although such use does not conform to the provisions hereof and such use may be extended throughout such portions of buildings as are arranged or designed for such use, provided no structural alterations are made therein. A non-conforming use may be changed to another non-conforming use of a more restricted zoning classification; but a non-conforming use may not be changed to another non-conforming use of the same or less restricted zoning classification. When a non-conforming use has been discontinued for six (6) months or more, it shall not be re-established. When the non-conforming use of a sign or an open storage lot has been discontinued for sixty (60) days or more, such non-conforming use shall not be re-established. When a mobile home or mobile home space located either inside a mobile home court not conforming to the requirements of this Chapter or any other zone except "RP-M" has remained unoccupied for one hundred eighty (180) days or more, such non-conforming use shall not be re-established. (See Section 420.040: General Provisions for mobile home replacement options and requirements.) If changed to a conforming use or more restricted non-conforming use, a non-conforming use may not thereafter be changed back to the former non-conforming use or to another non-conforming use of the same or less restricted zoning classification. If by amendment to this Chapter any property is hereafter transferred to a more restricted district by a change in the district boundaries or the regulations and restrictions in a district are made more restrictive, the provisions of this Chapter relating to the non-conforming use of buildings or premises existing before the initial effective date of this Chapter shall apply to buildings or premises occupied or used at the time of the passage of such amendment.

Repairs and restoration. Repairs and improvements may be made to a non-conforming building or structure, provided that no alterations shall be made, except those required by law or ordinance, unless the building or structure is changed to a conforming or more restricted use; provided that the Board of Aldermen, upon recommendation by the Commission, in case of evident hardship, may permit an enlargement of a non-conforming use not exceeding fifty percent (50%) of the ground floor area or the building. Nothing in this Chapter shall be taken to prevent the restoration, within six (6) months, of a non-conforming building destroyed to the extent of not more than one hundred percent (100%) of its reasonable value by fire, explosion, act of God, or the public enemy, provided that when such restoration becomes involved in litigation, the time required for such litigation shall not be counted as a part of the six (6) months allowed for reconstruction. Alterations may be made to residences and customary accessory buildings located in a commercial zone even though they may represent non-conforming uses. Enlargement may not exceed fifty percent (50%) of the existing square foot area.

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health or safety;

The conditional use will not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted;

Adequate utilities, access roads, drainage and other necessary facilities will be provided;

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

Adequate measure will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

The requirements for public services, such as police and fire protection, will not be substantially in excess of the individual demands of adjacent land uses, and the proposed use will not result in a substantial increase in potential or real fire hazards within the neighborhood relative to other adjacent uses;

The conditional use shall in all other respects conform to the application regulations of the district in which it is located; and

If the building property is located within a residential district, then in addition to the foregoing conditions:

Any conditional use permit granted by the Board of Aldermen and not exercised and put to use within one (1) year of the date of the approval of the conditional use permit shall be vacated and such conditional use permit shall become null and void, unless extended by the Board of Aldermen

Suspension or revocation of any conditional use permit shall be in addition to any other penalty or penalties available to the City by law.

Any conditional use permit approved under this Section may be suspended or revoked for good cause, including, but not limited to, any of the following reasons:

In any case in which there is reason to believe a conditional use permit may be subject to revocation, the following procedure shall govern

Railroad cars, shipping containers, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials; and

Standardized reusable vessels that are:

Cargo containers are not permitted in the "R-1," "R-2" or "R-3" Zoning Districts.

Cargo containers are not permitted in the "C-1" or "C-2" Zoning Districts unless a permit has been issued by the Board of Aldermen. The following procedures shall govern the application for, and issuance of, all permits.

Notwithstanding any contrary provisions set forth herein, the temporary placement of cargo containers on residential or commercial zoned properties, or on properties the primary use of which is residential or commercial, for the limited purposes of loading and unloading household contents or the processing of deer shall be permitted for a period of time not exceeding one hundred twenty (120) days in any one (1) calendar year.

Notwithstanding any contrary provisions set forth herein, contractors may use cargo containers for equipment and/or materials storage during construction which is taking place on the property where the cargo container is located.

Cargo containers are not allowed on streets, alleys or any other City property or right-of-ways.

Materials stored within cargo containers are subject to review by the Fire Chief. He/she shall conduct such investigations or inspections and make such recommendations that he/she considers necessary.

Except as may be provided above, the use of a cargo container as an accessory storage container is limited to the following zoning districts:

A permit is required prior to placement of any cargo container. The application shall show that the proposed cargo container is accessory to the permitted use of the property and meets the placement criteria for the zone.

The use of a cargo container in the above-identified zones is permitted only if the property upon which the cargo container is proposed to be located is not primarily for residential or commercial purposes.

Cargo containers shall not be stacked, except when placed in the Light Industrial District or Heavy Industrial District.

Cargo containers shall not be used for advertising.

Cargo containers shall be properly maintained.

Cargo containers shall meet all setback requirements.