All sewer and water systems hereafter constructed or maintained shall conform to the provisions of this section and any other provisions of the city code or regulations of the city and the state.

   (A)   Sanitary sewers.

      (1)   Public sanitary sewers shall be installed as required by standards and specifications as established by the Council.

      (2)   Where municipal public sanitary sewer is not available, the Council may, by ordinance, grant a franchise for the sewers to serve all properties in the area where a complete and adequate community sanitary sewer system and plant are designed, and complete plans for the system and plant are submitted to and approved by the Council and the state’s Board of Health before construction.

      (3)   Individual sewer systems shall be constructed according to standards and regulations approved by the Council and the state’s Board of Health. Individual sewer systems shall be located at least 50 feet from any well.

   (B)   Water systems.

      (1)   Public water facilities, including pipe fittings, hydrants and the like shall be installed as required by standards and specifications as established by the Council.

      (2)   Where public water facilities are not available, the Council may, by ordinance, grant a franchise for the water facilities, to serve all properties within the area where a complete and adequate community water distribution system is designed, and complete plans for the system are submitted to and approved by the Council and the state’s Board of Health.

      (3)   Individual wells shall be constructed according to standards and regulations approved by the Council and the state’s Board of Health.

      (4)   Individual wells shall be located at least 50 feet from any sewer system.

(Prior Code, § 11.20)

   All excavations, extraction of materials and minerals, open pits and impounding of waters hereafter established or enlarged shall conform to the provisions of this section and any other provisions of the city code or regulations of the city.

   (A)   Definition. EXCAVATIONS, as used in this section, shall mean any artificial excavation of the earth, within the city, dug, excavated or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone or other matter or made by tunneling or breaking or undermining the surface of the earth. Excavations ancillary to other construction of any installation erected or to be erected, built or placed thereon contemporaneously with or immediately following the excavation and covering or to cover the excavation when completed are excepted, if a permit has been issued for the construction or installation. Excavations not exceeding 50 square feet of surface area and two feet in depth are accepted.

   (B)   Conditional use permit required. It is unlawful for any person to hereafter dig, excavate, enlarge, make, maintain or allow to be maintained, upon property owned or used by him or her, any open pit or excavation of any impounding water, without first making an application for and obtaining from the Council and the Planning Commission a conditional use permit therefor.

   (C)   Application.

      (1)   Application for the permit shall be made in a form, and the applicant shall furnish information, as shall be required by the Council and among other things shall state:

         (a)   Applicant’s true name and address;

         (b)   A full description of the location of the land where the pit or excavation is or is to be or where the impounded waters are or are to be maintained, and also a full description of the location on the land of the pit, excavation or impounded waters;

         (c)   When required by the state, an approval by the state to impound the waters or to make the excavation as described in the application;

         (d)   The purpose of the pit or excavation or the quantity of water impounded;

         (e)   The highways, streets or other public ways in the city upon and along which any material for removal is to be hauled or carried; and

         (f)   The estimated time when building or removing will begin and be completed.

      (2)   Such application shall be filed with the Zoning Administrator and processed in a manner required of all conditional use permit applications.

   (D)   Filing of map, plat. The Council may require a map or plat of the proposed pit or excavation to be made and filed with the application before acting on the same, showing the confines or limits thereof, together with the proposed depth thereof at different parts thereof. A similar map or plat may be required in regard to the proposed container for the impounded water.

   (E)   Conditions of permit. The Council as a prerequisite to the granting of a permit or after a permit has been granted may require the applicant to whom the permit is issued or the owner or user of the property on which the open pit or excavation or impounded waters are located to:

      (1)   Properly fence any pit or excavation;

      (2)   Slope the banks and otherwise properly guard and keep the pit or excavation in such condition as not to be dangerous from caving or sliding banks;

      (3)   Properly drain, fill or level any pit or excavation, after created, so as to make the same safe and healthful as the Council shall determine;

      (4)   Keep any pit, excavation or impounded waters within the limits for which the particular permit is granted;

      (5)   Remove excavated material from any pit or excavation, away from the premises, upon and along the highways, streets or other public ways as the Council shall order and direct; and

      (6)   Provide, for the purpose of retaining impounded waters, a container of sufficient strength and durability and maintain the container in safe and proper condition.

   (F)   Bond may be required. The Council may require either the applicant or the owner or user of the property on which the open pit or excavation or impounded waters are located to post a bond, in such form and sum as the Council shall determine, with sufficient surety running to the city, conditioned to pay the city the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where the repair work is made necessary by the special burden resulting from hauling and travel, in removing materials for any pit, excavation or impounded waters, the amount of such cost and expense to be determined by the City Engineer; and conditioned further to comply with all the requirements of this section and the particular permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued.

(Prior Code, § 11.20)

   It is the intent of this section to provide that conditional uses in all residence districts and permitted and conditional uses of land and buildings in all business and industry districts shall be established and

maintained with proper appearance from streets and adjoining properties and to provide that each permitted use shall be a good neighbor to adjoining properties by the control of the following.

   (A)   Standards.

      (1)   Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs and the like. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Yards adjoining any residence district shall be landscaped with buffer planting screens. Plans of the screens shall be submitted for approval as a part of the site plan and installed prior to issuance of a certificate of occupancy for any tract in the district.

      (2)   Noise. Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as to not become objectionable due to intermittence, beat frequency, shrillness or intensity.

      (3)   Odors. Odors from any use hereafter begun shall not be discernible at the property line to a greater degree than odors from plants for the manufacture or fabrication of books, textile weaves, electronic equipment or other plants in which operations do not result in greater degree of odors. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a building permit.

      (4)   Glare. Glare, whether direct or reflected, such as from floodlight or high temperature processes, and as differentiated from general illumination, shall not be visible beyond any property line.

      (5)   Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties.

      (6)   Vibration. Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or more duration in any one hour.

      (7)   Smoke. Measurements shall be of the point of emission. The Ringelman Smoke Chart, published by the United State Bureau of Mines, shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 1 on the Chart may be emitted, except that smoke not darker or more opaque than No. 2 on the Chart may be emitted for periods not longer than four minutes in any 30 minutes. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of different color, but with an equivalent opacity.

      (8)   Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grain per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500°F and 50% excess air.

      (9)   Hazard. Every operation shall be carried on with reasonable precautions against fire and explosion hazards.

   (B)   Compliance.

      (1)   In order to ensure compliance with the performance standards set forth above, the Council may require the owner or operator of any permitted or conditional use to have investigations and tests as may be required to show adherence to the performance standards.

      (2)   The investigation and tests as are required to be made shall be carried out by an independent testing organization as may be selected by the city.

(Prior Code, § 11.20)

   This section is intended to provide the community fair and equitable grading practices and shall not supersede the requirements of any other ordinance or code.

   (A)   Protection of utilities. Public utilities or services shall be protected from damage caused by grading or excavation operations.

   (B)   Protection of adjacent property. Adjacent properties shall be protected from damage by grading operations. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property, without supporting and protecting the property from damage that might result.

   (C)   Inspection notice. The Code Official shall be notified at least 24 hours prior to the start of work.

   (D)   Temporary erosion control. Precautionary measures necessary to protect adjacent watercourses and public or private property from damage by water erosion, flooding or deposition of mud or debris originating from the site shall be put in effect. Precautionary measures shall include provisions of properly designed sediment control facilities so that other properties are not affected by erosion from run off.

   (E)   Traffic control and protection of streets. Flaggers, signs, barricades and other safety devices to ensure adequate safety when working in or near public streets shall be provided. All work on public ways and streets shall be approved by the city’s Street Department prior to commencing work.

   (F)   Hazard from existing grading. Whenever any existing excavation, embankment or fill has become a hazard to life or limb, endangers structures or adversely affects the safety, use stability of a public way or drainage area, the excavation, embankment or fill shall be eliminated.

   (G)   Tracking of dirt onto public streets. Adequate cleaning of equipment to prevent the tracking of dirt and debris onto public streets shall be provided.

   (H)   Maintenance of waterways and drainage areas. Precautionary measures to protect and maintain the flow of waterways and drainage areas shall be taken.

   (I)   Revegetation. The loss of trees, ground cover and topsoil shall be minimized on any grading project. In addition to mechanical methods of erosion control, graded areas shall be protected to the extent practical from damage by erosion by planting grass or ground cover plants and/or trees. The plantings shall provide for rapid, short-term coverage of the slopes as well as long-term permanent coverage. A plan by a registered design professional shall be provided where required by the Code Official.

   (J)   Design standards. The grading design standards required shall be those found in nationally recognized standards.

(Prior Code, § 11.20)

   (A)   Height regulations.

      (1)   Where the average slope of a lot is greater than one foot rise or fall in seven feet of horizontal distance from the established street elevation at the property line, one story in addition to the number permitted in the district in which the lot is situated shall be permitted on the down-hill side of any building.

      (2)   Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to the following:

         (a)   Monuments;

         (b)   Flag poles;

         (c)   Cooling towers; and

         (d)   Grain elevators.

      (3)   Height limitations set forth elsewhere in this chapter shall have no limitations when applied to the following:

         (a)   Church spires, belfries or domes which do not contain usable space;

         (b)   Water towers;

         (c)   Chimneys or smokestacks; and

         (d)   Radio or television transmitting towers.

   (B)   Yard regulations. Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications.

      (1)   Cornices, canopies or eaves may extend into the required front yard a distance not exceeding four feet, six inches.

      (2)   Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches.

      (3)   A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three feet, six inches may be placed around the place.

      (4)   The above enumerated architectural features may also extend into any side or rear yard to the same extent; except that, no porch, terrace or outside stairway shall project into the required side yard distance.

   (C)   Yard landscaping. In all business districts and in all industry districts, all required yards shall be either open landscaped and green areas or be left in a natural state, except as provided hereby. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs and the like. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Yards adjoining any of the residence districts shall be landscaped with planting buffer screens. Plans for such screens shall be submitted as a part of the application for building permit and installed as a part of the initial construction.

   (D)   Storage of materials. In all residential and business districts, open storage or display of materials in any required front, side or rear yard shall be prohibited. Any other storage shall be located or screened so as not to be visible.

   (E)   Area regulations.

      (1)   No part of a yard, or other open space, or off-street parking or loading space required for or in connection with any building for the purposes of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building, unless specifically allowed under other provisions of this chapter.

      (2)   No yard, lot or parcel, or combination thereof, which are adjacent to each other so as to form one lot with continuous frontage and in the same or similar ownership exercising common control over the entire parcel as a single unit shall, at any time after the effective date of this chapter, be reduced in size or area below the minimum requirements set forth in this chapter. Yards or lots created hereafter must meet at least the minimum size and area requirements required by the city code.

      (3)   In any district where residential dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record at the effective date of this chapter irrespective of its area or width; provided that, a remaining portion of any adjacent lot of official record is not under the same or similar ownership exercising common control over the entire parcel as a single unit; and, further that, all other applicable yard and open space requirements and setbacks are satisfied or a variance obtained.

   (F)   Accessory uses. The following accessory uses, in addition to those herein before specified, shall be permitted in any residential district, if the accessory uses do not alter the character of the premises in respect to their use for the purposes permitted in the district:

      (1)   The operation of necessary facilities and the equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the district;

      (2)   Recreation, refreshment and service buildings in public parks and playgrounds; and

      (3)   Fallout shelters.

   (G)   Accessory buildings. Accessory buildings shall occupy the same lot as the main use or building.

      (1)   Separation from main building. All accessory buildings shall be separated from the main building by ten feet.

      (2)   Private garages. An accessory building used as a private garage shall be permitted to be located in the rear yard or side yard provided that setbacks are maintained and the structures do not encroach on recorded easements. In all residential zones, garages and accessory building shall not exceed the finished square footage of living space with a cumulative square footage maximum of 1,200 square feet.

      (3)   Storage buildings. All detached accessory buildings used for storage or other similar uses shall be permitted to be located in any portion of the rear yard. No storage building shall be located in the side or front yard. All storage buildings shall be located no closer than three feet from the property line, ten feet from any other building or exceed 12 feet in height. Exception: garages shall be allowed to exceed the height requirement when constructed in a similar/consistent style with the house. Any storage building over 120 square feet shall be considered a garage and must meet all State Building Code requirements and require and building permit.

      (4)   Attachment to other building. In case any accessory building is attached to the principal or main building, it shall be made structurally a part of the principal or main building and shall comply in all respects with the requirements of this chapter applicable to the principal or main building and the Building Code.

      (5)   Required main structure. On all residential zones no accessory structure shall exist without a primary dwelling unit on the same parcel or lot.

   (H)   Placement and screening of microwave dishes in all zoning districts.

      (1)   The purpose of this section is to regulate microwave receiving dishes within all zoning districts so as to minimize their visual impact.

      (2)   The provisions of this section shall not apply to microwave receiving dishes having a diameter of one meter (39.4 inches) or less.

      (3)   Any microwave receiving dish shall be screened by sight-obscuring fences and/or dense landscape buffers.

      (4)   Location on any roof is prohibited.

      (5)   Satellite and/or antenna dishes shall not be located in any front yard setback or side yard setback.

      (6)   The maximum height from grade level to the highest point of the receiving dish shall be 15 feet.

      (7)   A zoning permit shall be required for the installation of any dish or antenna. Zoning permit applications shall require the submission of a site plan and structural components.

      (8)   Each dish or antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code.

      (9)   Dish and antenna electrical equipment and connections shall be designed and installed in adherence with the National Electrical Code.

   (I)   Screening of microwave dishes in any district.

      (1)   Any ground-mounted microwave receiving dish located in any district, except for an industrial district shall be screened by dense landscape buffers.

      (2)   Ground-mounted dishes and antennas shall be set back from all adjoining lots a distance equivalent to the height of the dish or antenna. Ground-mounted dishes and antennas shall be located ten feet or more from any other building or structure on the same lot and shall not be located within a utility easement. Location shall not adversely obstruct views from an adjacent property.

(Prior Code, § 11.20)

   (A)   All fence installations shall be processed with a fence permit application. No inspection will be required, fees, if any, will be set by resolution. The application shall contain:

      (1)   Site plan, including lot dimensions, with structure locations (including setbacks);

      (2)   Location of proposed fence with heights; and

      (3)   Description of materials used for fence.

   (B)   No fence shall exceed six feet in height, from the front of the house to the back lot lines, and along the back lot line. No fence shall exceed four feet in height from the front of the house to the front lot line, along front lot line. Fences erected or other obstructions on corner lots must maintain a 25-foot (from corner pin location) and along the street side, a clear view triangle. No fence or other obstructions shall exceed three feet in height in the “clear view area”. It shall be the responsibility of the property owner of a fence to provide access for reading meters by means of an unlocked gate or relocation of the meters or reading devices to an accessible location (property owner’s expense).

   (C)   The city does not dictate which side of the fence must be “finished”. No fences shall be constructed of light-weight materials such as chicken coop wire, barbed wire or bamboo. Notwithstanding the preceding sentence, chicken coop wire may be used for vegetable gardens located within the perimeter of rear or side yards. Products manufactured for other uses such as plywood, corrugated steel or fiberglass panels are prohibited as allowed fencing materials.

   (D)   The property owner is responsible for locating property lines. Property pins may be located at each corner and should be located before a fence is erected. Property dimensions and street rights-of-way may be obtained from the Code Official. The owner may also hire a surveyor to locate the property lines, and this is recommended if the location is in dispute. The city does not survey properties, or represent a guarantee of lot dimensions or corner locations. Fences must not encroach on adjacent properties. Maintenance of both sides of the fence (painting, mowing and the like) should be considered when determining placement. It is the responsibility of the fence owner to maintain the fence.

   (E)   The city does not settle property line disputes between neighbors, including, but not limited to, disputes over placement of fences, hedges and trees.

   (F)   The city does enforce proper setbacks, as required in other sections of this chapter. Fences may be placed in easement areas only with approval of the city’s Public Utilities Departments.

(Prior Code, § 11.21)