It shall be unlawful for any person to use or permit the use of any land or structure within the city in a manner which violates any applicable state or federal law, or creates a nuisance, due to any dangerous, injurious, noxious, or other similar condition, including, but not limited to, the emitting of noise, vibration, air pollution, dust, smoke, fumes, glare, or odorous matter, or the storage of explosive, hazardous, toxic, or noxious matter or materials, which adversely affects other property, or which creates a nuisance in any other manner; regardless whether such action violates any specifically quantified standard herein.

Permitted uses set forth in this ordinance shall be subject to compliance with the applicable performance standards contained in this article.

The standards set forth in this article shall apply in the various zoning districts as set forth herein.

Table 1 [is] reserved.

No use within any district shall create earthborn vibration, when measured at any residential property line within any district, which exceeds the limit of displacement set forth in Table 2 below in the frequency ranges specified. Notwithstanding the foregoing, the vibration level limits set forth in Table 2 below shall not apply to vibration emanating from lawful construction activities. Separately, no person shall cause or allow any earthborn or other vibration to emanate from land in the city so as to constitute a nuisance, regardless whether such vibration violates Table 2.

Table 2. Limiting Vibration at Specified Frequency Levels

a.

General fence regulations.

1.

Height restrictions.

(a)

The following portions of a fence shall not exceed four feet in height:

i.

The portion of the fence in front of the front wall of the main building, if any, on the lot, tract, or parcel of land, if there is any building larger than 300 square feet thereon; and

ii.

The portion of the fence that is closer to any street right-of-way than the applicable yard requirement or building setback line under the zoning ordinance, subdivision ordinance, or any other applicable law.

(b)

A portion of a fence not subject to the four-foot height limit under this subsection [subsection a.1(a)] (height restrictions) shall not exceed eight feet in height.

(c)

Agricultural exception. The fence height regulations under subsection a.1[(a)] (height restrictions) shall not apply to an otherwise lawful fence that is both:

(i)

Lawfully placed or used to turn, halt, or contain livestock, regardless whether livestock is temporarily absent from the property; and

(ii)

Constructed of barbed wire, hog wire, or similar materials that make the completed fence about as transparent as a barbed wire or hog wire fence, but not chicken wire, cyclone fence wire, or similar materials that make a completed fence about as much of a visual obstruction as a cyclone fence or chicken wire fence, due to having a mesh size generally similar to a cyclone fence or chicken wire.

(d)

Lawful junkyard exception. The fence height regulations under [this] subsection a.1 (height restrictions) shall not apply to an otherwise lawful fence around a lawful junkyard or lawful salvage yard.

2.

Fencing materials.

i.

Without a specific use permit granted by the city council, no fence shall be wholly or partly constructed of concertina wire.

ii.

No sharp or broken glass shall protrude from any surface of any fence. This paragraph does not prohibit the decorative use of unbroken glass that is not sharp enough to cut human flesh.

3.

Grandfather exception for lawful nonconforming uses.

i.

Except as otherwise provided herein, fences are subject to the same regulations as other structures concerning nonconforming uses. This subsection 55.a (general fence regulations) is enacted on August 18, 2014.

ii.

However, if a fence or portion of a fence is built after August 18, 2014, and if the existence or location of a structure on that property is later changed so that the fence then becomes unlawful, then the fence is not a lawful nonconforming use, and the fence must be modified or removed as necessary to comply with this ordinance, within 30 days after it becomes unlawful.

b.

[Screening fences required.] When there is a common side or rear lot line or lot lines between land being used in a manner that would be prohibited in a SFR zone (herein called the "nonresidential land," regardless how zoned), and land being used for a single family residence (herein called "the residential land," regardless how zoned), the owner of said nonresidential land shall erect a fence that properly screens adjacent residential land from adverse influences such as noise, vehicular lights, trespass, and other adverse influences. However, if the nonresidential use is in place before the single-family residential use, such fence is not required. Such fence shall be at least eight feet but not more than ten feet in height and shall form a solid continuous screen between the residential and nonresidential land. The fence required by this paragraph shall extend along the entire boundary line between the residential and nonresidential land, except for the portion of that boundary that is closer to any street right-of-way than the applicable yard requirement or building setback line under the zoning ordinance, subdivision ordinance, or any other applicable law. Each such screening fence shall be maintained in good condition by the person required to provide the fence. The obligation to provide and maintain the fence shall run with the land. This subsection applies according to how the land is actually used, not according to how the land is zoned, and not to unused land.

(Ord. No. 2014-16, § 3, 8-15-2014)

(a)

[Loading space required.] Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use involving the receipt or distribution by vehicle, rail, or other carrier, of material or merchandise, shall provide on the same lot as the main building loading space in accordance with the following:

(1)

The location of required loading space shall be within a building or on the same lot as the main building, in accordance with Table 4 below, titled Schedule of Minimum Off-Street Loading Standards.

(2)

No portion of a loading space may extend into a public right-of-way or into a required off-street parking area.

(3)

Each loading space shall be designated as such and shall only be used for loading purposes.

(4)

Where loading facilities are required for a development adjacent to an existing single-family residential use or adjacent to the boundary of District SFR, the loading spaces must be located so as to be visually screened from the adjacent residential use or District SFR by an intervening building or by a screening fence or hedge of sufficient height to fully screen the loading facility from view from any lot upon which a single-family residential is located or from any lot within District SFR.

(5)

The regulations applicable to loading facilities as provided in this subsection shall apply equally to spaces reserved for dumpsters that are repositories for solid waste collection.

(6)

Off-street loading spaces (or truck berths) shall have the following minimum dimensions:

(a)

At least one-half of such spaces or berths shall be not less than ten feet by 40 feet.

(b)

The remainder shall be not less than ten feet by 20 feet.

Table 4. Minimum Off-Street Loading Requirements

(b)

Parking requirements applicable to all zoning districts within the city.

(1)

General provisions. Required parking shall be comprised of all-weather surface, off-street parking spaces and shall have direct access to a public street or alley by an all-weather surface driveway not less than 12 feet in width if a one-way driveway, and not less than 24 feet in width if a two-way driveway. Notwithstanding the foregoing, required off-street parking spaces for single-family dwellings, including attached townhouses, detached dwellings, and duplexes, may be connected to a public street or alley by an all-weather surface driveway that would comply with the subdivision ordinance if the property were being subdivided, regardless whether the property is actually being subdivided; provided, further, if a segment of said driveway of such a single-family dwelling contains a width of nine feet or more and a length of 18 feet or more, and is completely within the lot lines of the lot, it may be counted as a required parking space.

(2)

Calculating the parking requirement. When calculating the required number of off-street parking spaces, fractions of less than one-half shall be disregarded, and fractions of one-half or more shall be counted as one space. Where parking requirements are based on building floor area, the floor area calculations shall be based on the gross leasable or useable floor area.

(3)

Dimensions. Required parking spaces shall be provided in accordance with the following standards:

a.

Standard automobile parking spaces shall be a minimum of nine feet wide by 18 feet long.

b.

Compact automobile parking spaces shall be a minimum of eight feet wide by 16 feet long.

c.

Up to 30 percent of the required parking spaces may be designated for use by compact automobiles.

d.

Handicapped parking shall be provided in accordance with the Americans with Disabilities Act and may be credited to the required parking ratios provided herein.

(4)

Location of nonresidential parking spaces.

1.

In Districts MU and MH, required off-street parking may be provided on a separate lot from the lot upon which the main use is conducted, provided such lot is within 300 feet of the main building(s) for which such parking is intended, and provided said lot is dedicated to parking use by an instrument filed with the zoning administrator and consolidated with the main use under one certificate of occupancy. Two or more owners may join together in the provision of required parking hereunder, provided such joined parking meets the requirements for both individual uses.

2.

Notwithstanding the foregoing, the board of adjustment shall be authorized to grant special exceptions from the terms of this subsection to allow the joint use by two or more property owners of parking areas for a mixed use development with a total number of spaces that is less than that required for both individual uses, if it can be established by the applicants therefor that:

(i)

Differences of uses by the applicants dictate that the hours of peak parking for each such use are significantly varied so as not to impede availability of parking;

(ii)

The permanent nature of the development supporting each such use would not reasonably be anticipated to alter the hours of each such use's period of peak parking demand;

(iii)

Such special exception would not be contrary to public interest; and

(iv)

The spirit of the ordinance would be observed and substantial justice done.

3.

No off-street parking or loading space shall be located, either in whole or in part, within any fire lane required by any ordinance of the city or within aisles, driveways, or maneuvering areas necessary to provide reasonable access to any parking space.

(5)

Enlargement of uses. Whenever a use which is in existence on the date of enactment of this ordinance, or any amendment hereto, is changed by enlarging the gross leasable or useable floor area, the number of employees, number of dwelling units, seating capacity, or otherwise changed to create a need for an increase of ten percent or more in the number of existing parking spaces based upon the applicable parking standards or standards provided herein, such spaces shall be provided on the basis of the enlargement or change. Notwithstanding the foregoing, whenever a building or use existing prior to the effective date of this ordinance, or amendment hereto, is enlarged by 50 percent or more in gross leasable or useable floor area, parking shall be provided as set forth herein for the totality of the use or structure.

(6)

Parking prohibitions in District SFR. In District SFR, no truck exceeding 1½-ton capacity, no bus, recreational vehicle, trailer, watercraft, motor home, HUD Code manufactured home, or manufactured home shall be parked or stored on a lot in front of the main building or on an abutting street or alley for more than 48 hours during any given week, from Monday through the following Sunday.

(7)

Schedule of parking regulations. The minimum number of off-street parking spaces required hereby for uses in the various zoning districts shall be in accordance with the schedule provided in Table 5 below, but shall be not less than five parking spaces for any nonresidential use.

Table 5. Schedule of Parking Regulations

"GLA" means "floor area, gross leasable or usable," as defined in article I above.

For uses not mentioned above or for which the category of use is uncertain, the city council shall determine the most appropriate equivalent from the preceding table.

(8)

Maintenance of required spaces. It shall be unlawful for any person to fail to maintain parking facilities required to be provided by this ordinance.

Automobile/vehicle paint and body shops, and automobile/vehicle repair and service garages, may include automobile/vehicle storage as an accessory use only if such storage occurs on an all-weather surface area.

No person shall conduct any business, in whole or in part, in or from a mobile unit in any district, except:

a.

In compliance with the food truck ordinance, Ordinance No. 2021-02, as it may be amended from time to time;

b.

In compliance with a permit or authorization under any ordinance specifically authorizing that business in or from a mobile unit;

c.

As a lawful accessory use, home occupation, home-based business, or home office, but in any of those cases only within a mobile unit lawfully used as the main structure of a residence; or

d.

In compliance with a specific use permit for that use.

(Ord. No. 2021-13, § 3(59), 4-19-2021)