This table is subject to definitions of Section 94-5 of this chapter, which outlines zoning districts. (An "S" where shown in these tables indicates that the proposed use is only allowed with the granting of a "special exception" per Section 94-70 of this chapter.)

(A)

Residential uses.

(B)

Retail trade - general.

(C)

Retail trade - food stores under 9,000 square feet.

(D)

Retail trade - food stores over 9,000 square feet.

(E)

Retail trade - apparel.

(F)

Retail trade - furniture.

(G)

Retail trade - eating places.

(H)

Automotive services.

(I)

Store.

(J)

Finance and insurance.

(K)

Miscellaneous repair.

(L)

Miscellaneous service.

(M)

Personal services.

(N)

Medical services.

(O)

Legal services.

(P)

Amusement and recreation services.

(Q)

Educational services.

(R)

Government.

(S)

Transportation, communication and utilities.

(T)

Non-profit membership organization.

(U)

Miscellaneous personal services.

(V)

Uses not elsewhere listed.

(W)

Industrial uses.

(X)

Agricultural uses.

(Ord. No. 2001-1478, 11-19-2001)

Residential and related uses are permitted in the districts indicated in Section 94-33, Table 1, of this chapter when complying with the requirements of Table 2a, and the provisions and exceptions of Section 94-33 of this chapter; or when in an approved planned development under Article VI of this chapter. Use of any structure, travel trailer, camper, tent, garage or similar structures as a dwelling or residence, or is intended to be used as such, for a period of more than 14 days in any calendar year is prohibited unless it is in a district where such use is specifically permitted. Further, occupancy of any single dwelling unit by more than four unrelated adults, as their place of residence, at any time is prohibited. The relationship of any adult to the principal owner or occupant other than the following is considered unrelated: husband; wife; son; daughter; stepson; stepdaughter; mother; father; grandmother; or grandfather.

(Ord. No. 2001-1478, 11-19-2001; Ord. No. 2011-1655, 7-18-2011)

The business, industrial and commercial uses listed in Table 1 are permitted in the districts indicated in Section 94-33 of this chapter when complying with the requirements of Tables 2b and 2c together with the provisions and exceptions of Sections 94-33 and 94-34 of this chapter; or when in an approved plan development under Article VI of this chapter and when complying with all construction safety regulations of the state.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Use. No building or land shall be used and no building shall be erected, reconstructed or structurally altered which is arranged, intended or designed to be used for any purpose other than a use which is permitted and specified in a district in which such building or land is located.

(B)

Accessory buildings and uses.

(1)

Accessory uses as listed below are permitted in all districts and may be installed in any required yard; provided, they otherwise comply with all other requirements of this chapter:

(a)

Bird baths and bird houses;

(b)

Curbs;

(c)

Fences and hedges;

(d)

Lampposts;

(e)

Mailboxes;

(f)

Name plates;

(g)

Parking spaces;

(h)

Retaining walls;

(i)

Trees, shrubs and the like;

(j)

Utility installations for local service, except, substations, regulators, booster stations, lift stations or any other utility facility that requires an area, above ground, that exceeds 150 square feet shall be submitted for approval per this chapter. However a transportation, transmission, storage and distribution facility of any utility that is regulated by the Indiana Utility Regulatory Commission (IURC) is exempt from this section under state law; and

(k)

Walks.

(2)

Accessory buildings shall not be erected prior to the principal building, except buildings used for farming purposes or where there is common ownership with adjoining lot which has a principal building already constructed on the one lot.

(3)

All accessory buildings located on a lot or parcel of land shall conform to the setback requirements for that district listed in this section, Tables 2a and 2b, depending upon the primary use of the lot or parcel of land concerning which section shall be applicable.

(4)

In residential districts and B1 zoning districts, no accessory building shall be located in front of the primary structure.

(5)

In all residential and B1 Zoning Districts, accessory buildings shall not exceed 12 feet in height above ground at the lowest eave. Accessory buildings area shall be restricted to the maximum lot coverage per Table 2a-1. Only one accessory building per lot is allowed in residential and B1 zoning districts. Further, a garage or other accessory building that is not an integral part of the principal building and is only attached to the principal building by a breezeway, porch, patio or other similar construction shall be considered a separate accessory building and shall conform to all provisions, restriction and limitations for said buildings.

(6)

Non-permanent building/carport: in all residential and B1 zoning districts only one mini-barn type storage building and one open sided carport structure, not constructed on a permanent foundation, is allowed per lot (these structures are considered non-permanent and, therefore, not accessory buildings). The maximum area for a mini-barn type storage structure and carport is 200 square feet. All such structures shall meet the setback requirements for accessory buildings in the respective district. Any structure/building exceeding 200 square feet in ground coverage shall be placed on a permanent foundation and are accessory buildings and shall conform to the requirements for accessory buildings. Total area of all accessory buildings, and non-permanent structures/buildings, are subject to the area restriction of lot coverage per Table 2a-1.

(7)

No permits are required for structures 200 square feet or less not placed on a permanent foundation. Any structure larger than 200 square feet shall be constructed on a permanent foundation and the necessary permits shall be obtained. However, all structures must meet the setback requirements of the zoning district in which they are located.

(C)

Building on street or easement. Every primary building hereafter erected shall be located on an individual lot which fronts on a public street, or private access easement not less than 30 feet in width, unless the easement was created prior to the effective date of this chapter.

(D)

Minimum lot area. Except as hereafter provided, no building or structure shall be erected or located on a lot unless such lot conforms with the lot area regulations of the district in which it is located; except that, lots of record or individually held prior to the passage of this chapter may be smaller in area than the figure prescribed. For the purpose of this chapter, the area of a lot that borders an access (ingress/egress) easement shall be the net area of the lot, which is the gross area less that portion lying within the access easement or easements in the case of a corner lot.

(E)

Minimum lot width. A minimum lot width of 65 feet is required at the front building line in all residential districts. In business and industrial districts the minimum lot width, per Table 2b, shall be measured along the arc of the front lot line. In no case shall the front width of a lot be less than 30 feet at the right-of-way line, access easement line or street line.

(F)

Ground floor area. The ground floor area requirements for dwellings, as set forth in the districts shall apply. Dwellings shall not be changed except in conformity with these regulations. See subsection (B) above for accessory building floor area.

(G)

Building height. All buildings hereafter designed or erected and existing buildings that may be reconstructed, altered, moved or enlarged shall comply with the height regulations and exceptions of the district in which it is located. See subsection (B) above for accessory building height.

(H)

Yard setbacks.

(1)

In measuring a front yard or side yard adjoining a street, it shall be the perpendicular distance between the right-of-way line of said street and a line through the corner or face of the building closest to and drawn parallel with the right-of-way line excluding any architectural features.

(2)

Architectural features (cornices, chimneys, eaves, sills, canopies or other similar features) may extend into the required side yard not more than two feet; provided that, the width of said yard is not reduced to less than five feet and may project into a required front or rear yard not more than three feet.

(3)

An open platform, porch or landing which does not extend above the level of first floor of the building may extend or project into any required yard not more than four feet.

(4)

Where 50% or more of the lots in a one block area are occupied by buildings, the average setbacks of such buildings (including front, side and rear setbacks) determines the dimensions of the setbacks in the lot; provided that, if there are no other buildings within 330 feet of the proposed building in either direction, then the standard setback lines for the district shall apply. Where 50% or more of the lots in a one block area are occupied by accessory buildings, the average setbacks of such buildings determines the dimensions of the setbacks for the accessory buildings in that block; provided that, if there are not other buildings within one block or 330 feet of the proposed building in either direction, then the standard setback lines for the district shall apply.

(5)

Front yard or building setback lines in subdivisions recorded prior to the adoption of this chapter establish the front setback provided the line is clearly shown or there is a written statement on the plat giving the setback. After the adoption of this chapter, no subdivision shall be platted with a front setback distance less than the required front yard of the district in which it is located. Where there is not a platted subdivision of record the minimum setback in all districts, as measured from the physical centerline of existing public streets, roads or highways shall be 65 feet. However, where the street, road or highway has a right-of-way that was established by dedication, deed or easement, the minimum setback shall be 40 feet from the right-of-way line. This subsection (H)(5) does not apply to subdivision plats where a different setback is clearly shown provided the Commission has approved the subdivision. The minimum 40-foot setback may be reduced in accordance with the provisions of subsection (H)(4) above.

(6)

Any building, which is reconstructed upon the same site of a prior structure within 12 months from the removal of the prior structure, shall not require a variance as to the development standards of this chapter regarding setback.

(7)

Any new structure which meets the setback standards of 50 percent of the existing structures in the adjoining area, that being one block each side or 330 feet each side of said structure, shall not require a variance of the setback development standards of this chapter. Except, the plan commission may require division of land platted under Article XIV of this chapter to have setbacks in compliance with Tables 2a through 2c.

(8)

Side yard setback shall be as shown in Tables 2a and 2b. The minimum distance between primary structures in R1 and R2 districts is 12 feet. The minimum side yard distance between primary structures, located on one lot, in all other districts is 20 feet. However, where building codes require a greater distance the greater distance shall apply.

(9)

Rear yard setback shall be as shown in Tables 2a and 2b. The minimum rear yard distance between primary structures in R1 and R2 districts is 60 feet. The minimum rear yard distance between primary structures, located on one lot, in all other districts is 40 feet. However, where building codes require a greater distance the greater distance shall apply.

(10)

In all districts, except residential and B1, the minimum distance between accessory structures, located on one lot, is 20 feet. However, where building codes require a greater distance the greater distance shall apply. See subsection (B)(5) above for residential and B1 restrictions.

(I)

Existing structures destroyed. When an existing building does not meet the development standards, for the district in which it is located, is damaged or destroyed by fire, explosion, act of God or other catastrophic or accidental circumstances it may be restored or reconstructed; provided that, the ground floor area does not exceed that of the original structure and further that all development standards of this chapter shall be met to the maximum extent possible, but in no case shall the deviation be less than was required by the original structure. The city superintendent shall determine what is the maximum extent to which the development standards can be met. Structures that were located in a floodplain may only be reconstructed as provided under the flood hazard chapter.

(J)

Cul-de-sacs; lot width and setbacks. On a cul-de-sac in residential districts, the lot width shall be measured along the line of an arc parallel with the lot line at the prescribed front setback; provided, the lot width along the arc is a minimum of 65 feet and further that the front setback is not less than 30 feet. In business and industrial districts, the measured length along the arc of the front lot line shall determine the minimum lot width required in Table 2b.

(K)

Lot coverage and green space.

(1)

All buildings hereafter erected and existing buildings that may be reconstructed altered, moved or enlarged shall not exceed the maximum percentage of lot coverage allow by this chapter for the district in which the buildings are located.

(2)

In business and industrial districts, a landscape strip of grass, trees and shrubs, not less than five feet in width for lots up to one and one-half acres in area and ten feet in width for lots one and one-half acres or larger in area shall be maintained between the property line and the nearest impervious surface (curb, parking lot, buildings, private sidewalk and the like) around the entire perimeter of the parcel, except where access drives are located.

(L)

Restrictions along streams.

(1)

No permanent structures may be erected and, if erected in violation of this section, no such structures may be used if the location is within 75 feet of the centerline of any legal tile ditch, or within 75 feet of the existing top edge of any legal open ditch as determined by the county drainage board.

(2)

No authorization of use, under this chapter, includes the authority to discharge liquid or solid wastes into public waters except as permitted under the stream pollution control law of the state. Stream pollution control board of the state must approve plans and specifications for proposed public or district sewage or other waste treatment and disposal facilities, except when connecting to city sewers.

(M)

Vision clearance. Every property owner shall maintain a triangular space at each corner of their land where streets, roads, alleys or access easements used by vehicles or pedestrians intersect that is free from any kind of obstruction to vision between the heights of three and 12 feet above established street grade, as determined by a diagonal line, connecting two points measured 25 feet equidistant from the right-of-way or easement corner along each right-of-way or easement line. Further, no structure, landscaping or fence shall be erected or maintained that, in the opinion of the city engineer, would restrict sight distance at an intersection such that there would be a danger to vehicles or pedestrians using the streets, roads, alleys or access easements that adjoin the property. Further, in no case shall a fence, wall, barrier or other obstruction, with the exception of mailboxes with breakaway post, be placed within five feet of the edge of pavement of any public street, road or alley. The preceding provisions shall also apply to private access easement(s), created by description or platting, which is used to provided ingress and egress to two or more parcels or lots.

(N)

Sidewalks. The improvement of any lot, by the construction of buildings or parking lot(s), shall include construction of sidewalks and curbs in accordance with Art. XIV and Section 94-240 of this chapter. Sidewalks shall be placed the entire length of the lot on each street side. The city superintendent or city engineer will direct where the sidewalk(s) and curb are to be placed.

(O)

Exterior lighting. Exterior lighting, whether for area lighting, security or signage, shall be hooded, screened or otherwise shielded and arranged such that it does not directly pose a hazard or nuisance to traffic on adjacent streets. Further no exterior lighting shall be used that will produce a direct glare or concentrate light onto adjacent property or be a nuisance to adjoining residential uses. The city superintendent or his or her appointed agent shall be the sole determiner of what constitutes unacceptable glare, concentrated light or a lighting nuisance.

(P)

Off-street parking. To reduce traffic problems and hazards by eliminating unnecessary on-street parking, every use of land must include on-premises parking sufficient for the needs normally generated by the use, as provided by this section. Parking spaces or bays contiguous to the street or within street right-of-way, required by Article XIV of this chapter or other articles, are in addition to the spaces herein required.

(1)

As used in this section, the term parking space means an area, not including any part of a street or alley, designed or used for the temporary parking of motor vehicles. The term parking area means a group of parking spaces, or an open area, not including any part of a street or alley, designed or used for the temporary parking of motor vehicles.

(2)

Parking spaces shall be as provided in Table 3.

(3)

Each of the parking spaces required by this section must be at least nine feet wide and 20 feet long, exclusive of pedestrian passageways.

(4)

The parking spaces prescribed by this section for a business or an industrial use must be located on the premises. Open parking areas for business, industrial or commercial uses must be paved with a hard or dust-proof surface.

(5)

A group of business or industrial uses may provide a joint parking area if the number of spaces in the area at least equals the aggregate of the spaces required for the several uses.

(6)

All areas shall be surfaced, striped and channelized as required by the commission and shall be maintained in good condition. Parking stalls shall be marked and the access lanes shall be clearly defined, including directional arrows to guide internal movements. All parking lots and loading areas shall be suitably graded, surfaced and drained in accordance with the standards approved by the commission. Wheel stops, marked off spaces and directional signs, where necessary, shall be required. Adequate fire lanes and emergency access shall be provided.

(7)

Where parking areas abut another property, public right-of-way or access easement, there shall be a concrete curb or barrier, not less than six inches in height, securely installed and maintained to prevent any portion of a vehicle from extending past the edge of pavement. In all districts, no pavement for parking areas, streets or driveways shall be constructed closer than five feet to any property line, except for the access drive(s) to the property.

(8)

Where such parking area abuts a residential district, there shall be a border of appropriate landscaping, including fencing, not less than five feet in height along the residential boundary. Such landscaping shall be maintained in good condition. Landscaping shall be designed to prevent nuisance from lights or noise to abutting properties and shall be approved by the commission.

(9)

Lighting, where provided to illuminate parking areas, shall conform to subsection (O) above.

(10)

In no case shall parking spaces be so arranged that ingress and egress from a parking space require backing into a public or private pedestrian access way or backing out of a public alley.

(11)

In no case shall any property owner cause a condition to exist due to the use of his or her property that will create a traffic condition to occur that will be dangerous to the public safety within the public rights-of-way or interfere with the use and enjoyment of surrounding properties.

(12)

In a platted residential subdivision recorded in the office of the County Recorder, or in a multi-family apartment development, parking of commercial vehicles having a gross vehicle weight of more than 9,000 pounds is prohibited.

(13)

In business and industrial districts when parking areas are constructed or enlarged, sidewalks shall be installed along the public street sides of the lot or parcel in accordance with Article XIV and Section 94-240 of this chapter.

NOTES TO TABLE:

(1) The minimum lot area shall be 3,000 square feet per dwelling unit but not less than 10,000 sqft per lot.

(2) Upon findings of the Plan Commission, width to depth ratio may be exceeded for reasons of topography, retention ponds, ravines or other natural features. However, in all such cases the rear setback line shall be measured from the inside edge of any easement at the rear of the lot.

(3) In R3 Districts, there may be several multi-unit dwelling buildings, however the R3 lot must contain a minimum of 3,000 sqft of area for each dwelling unit. Also, 3,000 sqft of lot area shall be included for each additional non-dwelling building, for example clubhouse, activities building or maintenance building.

(4) "All buildings" includes primary building, accessory buildings and non-permanent buildings such as mini-barns and metal carports.

(5) "All improvements" includes permanent structures, primary buildings, accessory buildings and non-permanent buildings such as mini-barns and metal carports. Also, any impervious surface, including, but not limited to: paved, gravel or crushed stone driveways and parking areas; sidewalks, patios, decks, swimming pools and similar improvements.

(6) "Ground floor living area" shall not include garage, basement, decks, patios or porches. Further, the average width (defined as: total ground floor area, exclusive of garage, patios or decks, divided by the overall length of the longest side of the dwelling) of any structure to be used as a residential dwelling shall be not less than 18 feet. This provision does not apply to mobile or manufactured homes within a mobile home park or planned unit development (PUD) approved for mobile or manufactured homes.

(7) If lot fronts on a cul-de-sac, the minimum lot width at the front lot line may be reduced to 40 feet.

(8) If lot fronts on a cul-de-sac, the minimum lot width at the front lot line may be reduced to 50 feet.

(9) The first number is the front setback distance, in feet, as measured from the pavement centerline of the road, street or access easement on which the lot fronts. The second number is the front setback distance, in feet, as measured from the right-of-way line of a road, street or access easement that has been established by a recorded plat or the action of state or local government. The distance that places the primary structure the greatest distance from the centerline of the road, street or access easement shall control.

(10) Front setback may be reduced to 30 feet if a 32-foot wide street pavement is provided.

(11) For R3 Districts, additional non-dwelling buildings, for example clubhouse, activities building or maintenance building may be allowed provided the lot area requirements are met per note 3 above.

(12) The size shown is for one accessory building. If more than one accessory building is allowed, then the total area of all accessory buildings shall not exceed the maximum size of a single building multiplied by the number of accessory buildings allowed. For example, District RR(a) allows 3 accessory buildings, of 3,000 square feet for a total of 9,000 square feet. The owner may elect to construct one building of that size or another option would be to construct one at 2,000 square feet and another of 7,000 square feet which is permitted as the total area of accessory buildings did not exceed 9,000 square feet.

(13) Height of accessory building shall be measured from the finished floor elevation of the ground floor to bottom of the ceiling joist of the highest story or bottom of the lowest chord of a truss roof.

(14) Swine of any type are prohibited. Also, see AUE Table for the maximum number of each type of animal allowed per acre.

(15) All animals, except household pets, are prohibited. See zoning ordinance for definitions and other restrictions.

(This table replaces "Table 2a" in the previous zoning ordinance and the AG, RI, R2 AND R3 districts of "Table 2a-1" of Ord. 2011-1655. Also see Section 94-33(A) through (P) of this article, of revised zoning ord. 2004-1530 for additional requirements.)

(Q)

Loading area (docks).

(1)

Business uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided with loading berths (which, if open, shall be paved with a hard or dust-proof surface) as shown on the following table:

(2)

For the following uses, any loading berths that are provided must be at least 200 feet from the nearest residential use:

(a)

Airport;

(b)

Mineral extraction or borrow pit;

(c)

Outdoor commercial recreational enterprise;

(d)

Penal institution;

(e)

Livestock sale barn;

(f)

Truck freight terminal; and

(g)

Warehouse or grain elevator.

(Ord. No. 2001-1478, 11-19-2001; Ord. No. 2011-1655, 7-18-2011)

No improvements or construction of any kind or nature shall be performed on the public right-of-way in the city or county without the proper permits and the express approval of the city superintendent, city engineer or county engineer. All improvements or construction on the public right-of-way must meet the standards of design and material quality approved by the city or county. In the city, all improvements constructed on city right-of-way must meet the standards and specifications for design and materials adopted by the city's board of public works and safety. Any landowner, person, corporation or other legal entity that places, or causes to be placed, improvements on the public right-of-way without proper permits and approvals, or does not construct the improvements in accordance with approved design standards and material quality shall be a violation of this chapter and will subject the landowner and/or offending party to the remedies and penalties provision of Article XII of this chapter. Any improvements constructed in violation of this chapter shall be completely removed from the public right-of-way and any disturbed areas restored to their original condition. The landowner and/or person causing the violation shall pay all costs of removal and restoration.

(Ord. No. 2001-1478, 11-19-2001)

The following performance standards shall apply to all business and industrial uses, in addition to the other requirements of this chapter.

(1)

Odor. No business or industrial use in any district may release an objectionable or offensive odor that is detectable at the property line.

(2)

Toxic materials. No materials toxic to persons or injurious to property shall be permitted to escape beyond the building in which it occurs.

(3)

Lighting and heat. No business or industrial use may cause heat at the property line so intense as to be a public nuisance or hazard. Lighting and glare, regardless of the source, shall meet the requirements of Section 94-33(O) of this chapter.

(4)

Vibration. At no time shall vibration, shaking or tremors produced by equipment or processes from any industrial use or source become detectable at the property line. (Excluded are background vibrations produced by sources not under the control of this chapter such as the operation of motor vehicles or temporary construction activity.)

(5)

Noise and sound. At no property line of any business or industrial use may the sound level of any business or industrial use (excluding background noises produced by sources not under the control of this chapter such as the operation of motor vehicles) exceed 70 decibels. Noise is to be muffled as not to be objectionable due to intermittence, frequency or shrillness.

(6)

Exceptions. Subsections (1) to (5) above do not apply to:

(a)

Site preparation or construction, maintenance, repair, alteration or improvement of buildings, structures, equipment or other improvements on or within the lot lines;

(b)

The operation of motor vehicles or other facilities for the transportation of personnel, materials or products; and

(c)

Safety or emergency warning signals or alarms necessary for the protection of life, limb or property.

(7)

Special restrictions.

(a)

Any business or industrial operation or activity must, in addition to the above, conform to the state's air pollution control law and any applicable acts of the federal government. Where the requirements of this chapter are more restrictive, they shall take precedence.

(b)

A letter of approval is required from the state's administration building council stating that construction plans for a proposed building or structure to be used for business or industrial use meets all required construction codes and safety codes of the state shall be submitted with the application for an improvement location permit.

(8)

Violation. Failure to comply with this section shall result in a fine in accordance with Section 94-241 of this chapter with violations to be filed by the city superintendent in the city court. Violations may also be treated the same as any other violation of this chapter and can be enforced at the discretion of the plan commission. All other legal remedies provided by law shall also be available to the plan commission and the city.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.

Manufactured home means a dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with the federal manufactured housing construction safety standards law of 1974 (42 U.S.C. §§ 5401 et seq.).

Mobile home means a transportable structure larger than 320 square feet designed for use as a year-round residential dwelling.

Occupied space means the total area of earth horizontally covered by the structure, excluding accessory structure such as, but not limited to, garages, patios and porches.

Underlying floor space means the space between the bottom of the floor joist and the earth.

(B)

Manufactured home provisions. In accordance with the provisions of I.C. 36-7-4-1106, the establishment, location and use of manufactured homes as permanent residences shall be permitted in any zone permitting installation of a dwelling unit, subject to requirements and limitations applying generally to such residential use in the district; and, provided, such homes shall meet the following requirements and limitations:

(1)

The homes shall meet all requirements applicable to single-family dwellings and posses all necessary improvement location, building and occupancy permits and other requirements of this chapter that apply to single-family dwelling structures.

(2)

The homes shall contain not less than 1,000 square feet of occupied space, be manufactured after January 1 ^st , 1981 and the average width (defined as: total ground floor area, exclusive of garage, patio, porch or deck, divided by the overall length of longest side of the dwelling) shall be not less than 18 feet. The manufactured home will be attached to the ground with a tie down system as shown in accordance with the manufacturer's manufactured home foundation plan or in compliance with the design of a state registered professional engineer; however, in no case shall the tie down system be less than that required by the manufacturer.

(3)

The manufactured home will be placed on a permanent foundation, including concrete footings at least 30 inches in depth below grade. Piers must be of permanent concrete construction.

(4)

The manufactured home will be permanently skirted with masonry material or commercial skirting designed for that purpose.

(5)

Wheels, axles and tongues shall be removed.

(6)

The home shall be connected to sanitary sewers or to an on-site wastewater disposal system approved by the county's board of health. Proof that an on-site wastewater disposal system will be approved or sanitary sewers are available shall be submitted to the city superintendent prior to the granting of a building permit.

(7)

The home shall have a roof composed of a material customarily used on site-built residential dwellings, such as asbestos, fiberglass, shake, asphalt or tile, which shall be installed upon a surface appropriately pitched for the materials used.

(8)

The manufactured home shall have siding materials meeting one of the following standards:

(a)

Residential horizontal aluminum lap siding;

(b)

Residential horizontal vinyl lap siding;

(c)

Cedar or other wood siding; and

(d)

Any other approved siding materials that are aesthetically compatible to the area and proper building standards so as not to be detrimental to adjacent property values.

(C)

Mobile homes (permanent occupancy - park site). Mobile homes or manufactured homes may be permanently occupied when located in a mobile home park developed in accordance with Article VI of this chapter with the exception that all specific development standards set out under Section 94-33 of this chapter shall be met and where the standards set out in Article VI of this chapter are in conflict with Section 94-33 of this chapter, the standards set out in Section 94-33 of this chapter shall prevail as to the required standards of the article with the exception of lot size which shall be controlled by subsection (D) below.

(D)

Minimum lot area.

(1)

Mobile home parks of manufactured housing parks shall have sufficient room for 50 units with an initial development of ten acres.

(2)

An individual home lot within a mobile home park established under the provisions of this section shall be not less than 5,000 square feet for a single width structure (14 feet or less) and 7,000 square feet for a double width structure (over 14 feet) exclusive of thoroughfares and walkways.

(E)

Ground floor area. No mobile home shall be established, altered or erected so that its ground floor area is less than 950 square feet excluding all porches, canopies and storage areas.

(F)

Building height. No building or structure may be established, altered or erected so as to have a height greater than 30 feet. No accessory building shall exceed 16 feet in height or 1,200 square feet in ground floor area.

(G)

General requirements.

(1)

Yards and distances between structures.

(a)

The minimum distance between mobile home stands on opposite sides of a street shall be 60 feet.

(b)

The minimum distance between a mobile home stand and a street pavement, common parking area, a common walk or other common area or another mobile home shall be eight feet.

(c)

The minimum distance between a mobile home stand and the:

1.

Side and rear property line of the mobile home park: 25 feet; and

2.

Front street right-of-way line or easement line when abutting:

a.

Arterial street: 60 feet;

b.

Feeder street: 50 feet; and

c.

Residential street: 40 feet.

(2)

Streets.

(a)

Streets shall be provided on the site where necessary to furnish principal traffic ways for convenient access to the mobile home stands and other important facilities on the property. Streets shall be privately owned and maintained.

(b)

The street system shall provide convenient circulation by means of minor streets and properly located collector streets. Closed end or dead end streets shall be provided with adequate paved vehicular turning or backing space. A turning circle shall have a paved surface of at least 84 feet in diameter, exclusive of curbs. Dead end streets shall not exceed 500 feet in length measured from the center point of the turning circle to the intersection of the centerline of a dead end and a through street.

(c)

Pavements shall be of adequate width to accommodate the expected parking and traffic load in accordance with the type of street with 12 feet minimum moving lane widths and eight feet minimum lane widths for parallel parking.

(d)

One-lane minor streets are prohibited.

(e)

Streets shall be adapted to the topography and shall have suitable alignment and gradient for safety of traffic in accordance with Section 94-202(B) of this chapter. Storm water system shall be designed in accordance with the city or county storm water and erosion control management plan chapter and design manual. Each home shall be connected to sanitary sewers.

(f)

Street intersections shall generally be at right angles. Offsets at intersections and intersections of more than two streets at one point shall be avoided.

(g)

The street improvements shall extend continuously from the existing improved street system to provide suitable access to the mobile home stands and other important facilities on the property, to provide adequate connections to existing or future streets at the boundaries of the property and to provide convenient circulation of vehicles.

(h)

Curbs and gutters along all streets are required.

(i)

Street base and pavement shall be constructed in accordance with the standards established for residential streets in Section 94-203(C) of this chapter.

(j)

Buffering will be provided as required by the Commission and per Section 94-203 of this chapter, but not less than 50 feet from any existing R1 or I use.

(3)

Driveways.

(a)

Driveway shall be provided on the site where necessary for convenient access to service entrances of buildings, to delivery and collection points for refuse and other material and elsewhere as needed.

(b)

Four parking spaces shall be provided for each mobile home stand. The spaces shall be provided either in common facility within 100 feet of the stand, in a parking lane along the abutting interior access street or within the stand. Street parking shall count as two spaces per stand fronting on the parking lane.

(4)

Walk.

(a)

Paved pedestrian sidewalks shall be provided in a continuous arrangement, throughout the park. Where possible, walks leading to frequently used public facilities should be through interior areas removed from the vicinity of streets. Public pedestrian sidewalks shall be constructed of concrete at least five feet in width and four inches in thickness.

(b)

Individual walks shall be provided from a public walk, street or parking area to the individual mobile home stands. These walks shall be at least three feet in width and should be paved with a suitable material for use in all weather conditions.

(5)

Screen planting and fences.

(a)

Fences or free standing walls shall be installed where necessary around laundry areas, refuse collection points, sanitary facilities, sewage disposal facilities and playgrounds for screening and protection of the residents.

(b)

Screening, fencing and walls shall be set back from sidewalks and streets so as not to interfere with convenient and safe use of these facilities. Vision clearance at street intersections shall be maintained.

(6)

Sanitary and trash facilities. The mobile home park shall be provided with a complete sanitary sewer system, which shall connect with an existing approved sanitary sewer outlet or shall be provided with a separate treatment plant to be provided by the developer in accordance with and approved by the state's board of health (see regulation HSE 14, State Board of Health). Further, the park developer shall provide enclosed and screened containers or dumpsters for solid waste in accordance with the state's board of health rules and Section 94-40 of this chapter.

(H)

Other permitted uses.

(1)

Non-residential occupancy, mobile homes, trailers or vans may be utilized as contractors' offices, watchmen's shelters or tool and equipment storage only on construction sites and only during the period of active construction on the project. Persons seeking such uses shall notify the city superintendent, in writing, of the location and anticipated duration of use. Such use shall not exceed a period of 18 months without the express written approval of the city superintendent.

(2)

Other use of mobile home and manufactured housing not meeting the requirements set out above shall be permitted only upon the granting of a special exception by the board of zoning appeals as provided for in this chapter.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.

Advertising structure. See Section 94-5 of this chapter.

Sign. See Section 94-5 of this chapter.

Sign, freestanding. See Section 94-5 of this chapter.

(B)

Purpose and intent. The city recognizes that signs are a major means of outdoor advertising for local businesses and provide directions and other information for drivers and pedestrians. The city also recognizes that signage significantly affects the quality of our visual environment. The goals of this section are, therefore, to:

(1)

Promote conscientious use of signs by local businesses, government bodies and other entities to permit maximum legibility and effectiveness of signs; and

(2)

Prevent over-concentration, excessive size and improper placement of signs in order to promote an atmosphere of small town charm with positive esthetics.

(C)

General provisions.

(1)

Signs and advertising structures may be maintained in the districts where such uses are permitted after having secured an improvement location permit approving the location, size and design of said sign or advertising structure, except in the case where said sign or advertising structure is specifically excluded from the requirements of an improvement location permit by the provisions of this section, subject to the following general requirements.

(a)

Signs and advertising structures shall conform to the regulations for this district in which they are located, as established by this section.

(b)

The area of a sign or advertising structure shall be calculated by multiplying its maximum vertical and horizontal dimensions, excluding support structure.

(c)

No sign or advertising structure shall be erected at the intersection of any streets in such a manner so as to obstruct free and clear vision of operators of motor vehicles, or at a location where, by reason of its position, shape or color, it may interfere with or obstruct the vision of, or be confused with any authorized traffic sign, signal or device, or make use of any word, phrase, symbol or character in such a manner as to interfere with or confuse traffic.

(d)

Lights used to illuminate signs or advertising structures shall be so installed so as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a public street or adjacent property. Signs and advertising structures are also subject to the requirements of the Highway Advertising Control Act of 1967, as amended. All signs and advertising structures shall conform to the provisions of said act. If this section and the act are in conflict, the requirements of the more restrictive shall apply.

(2)

The following types of signs shall be exempted from requirements of this section:

(a)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers and names of occupants of premises;

(b)

Flags and insignia of any government, except when displayed in connection with commercial promotion;

(c)

Legal notices, identification information or directional signs erected by or at the direction of governmental bodies;

(d)

An integral decoration or architectural feature of a building, except letters, trademarks, moving parts or moving lights;

(e)

Signs directing and guiding traffic in parking on private property, but bearing no advertising matter or logos;

(f)

Permanent entrance signs to residential subdivisions or PUDs when the Commission, as part of plat approval for the development, approves the sign; and

(g)

Signs that identify a family farm, family farming operation or advertising farm products for sale on the farm are exempt; provided, the total area of sign(s) do not exceed 64 square feet.

(D)

Signs. Signs are permitted in all districts subject to the restrictions of the district in which the sign is located as established by this section, plus the following general requirements that shall also apply to all signs.

(1)

(a)

Whenever this section limits the area of any sign, a double-faced sign may be erected having the allowed sign area on each side of the structure; provided that, the maximum dimensions between the two faces of the sign shall not exceed two feet.

(b)

No sign shall be located closer than 30 feet from an abutting residential use.

(2)

Signs may be placed on the surface of a building provided the area in square feet does not exceed three times the length of the wall (e.g., wall length is 60 feet maximum sign area is 180 square feet). Total area of signs on buildings may not exceed that allowed in the district in which the building is located. Any sign that is proposed for a wall that faces and is within 200 feet of a residential use shall required application be made to the board of zoning appeals for approval of the sign or signs and method of lighting.

(3)

No part of any sign, whether freestanding or attached to a building, shall exceed the height requirements of the district as established in Article III of this chapter or 40 feet whichever is less.

(4)

(a)

Any projecting wall sign with its advertising surface at an angle to a wall facing a street shall be deemed to be a freestanding sign.

(b)

No such sign shall project beyond the right-of-way line of any adjacent street.

(c)

Said signs shall have at least eight feet of clearance above the ground.

(5)

The minimum setback of freestanding signs from street rights-of-way shall be not less than those given in the following table as measured to the nearest edge of the sign:

(6)

No freestanding sign shall be erected or maintained on or within any easement or right-of-way, whether public or private, without the express written approval from the person or agency empowered to grant such approval.

(7)

Where a use has been permitted in a district by special exception, the sign requirements for the district in which it has been allowed to be located shall determine the requirements for size, location, placement and erection of signs for the special exception use.

(8)

No sign shall be erected or maintained at any location where, by reason of its position, wording, illumination, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any authorized traffic-control sign, signal or device.

(9)

No sign shall contain or make use of any phrase, symbol, shape, form or character in such a manner as to interfere with, mislead or confuse moving traffic.

(10)

No exterior sign shall be permitted to display flashing, intermittent, revolving or animated lighting or illumination, or any illumination that simulates or displays motion. LED signs, and similar electronic displays, are permitted; provided, the display does not flash, show animation or change screen message less than eight second intervals. LED signs and electronic displays are not allowed on advertising structures.

(11)

All signs not expressly exempted or permitted by this chapter are prohibited. Also, prohibited are off premises signs of any type or size that are attached to utility poles, fence posts, trees, light posts, traffic signal posts or poles or any structure within the public right-of-way.

(12)

No part of any sign that is attached to the exterior wall of a building shall be erected to a height in excess of six feet above the roof or parapet line of such building.

(13)

No illuminated sign shall be permitted within 50 feet of any residential district unless the illumination of such sign is so designed that it does not reflect or shine light onto such property.

(14)

No part of any freestanding sign shall be erected to a height greater than that specified for other structures in the district in which the sign is located; roof top sign structures shall not exceed more than six feet above the roof line, nor shall such sign structures extend beyond or overhang any exterior wall of the building upon which they are secured.

(15)

A minimum setback of freestanding signs from street rights-of-way shall not be less than those given in the table in subsection (D)(5) above.

(E)

Advertising structures. Advertising structures are permitted only in B3, B4 and industrial districts, subject to the restrictions of that district as established by this section, plus the following general requirements that shall apply to all advertising structures.

(1)

No advertising structure shall be located closer than 1,000 feet in any direction from any other advertising structure on the same side of the road, street or highway.

(2)

No advertising structure shall be located closer than 500 feet to any access ramp of a limited access highway, nor closer than 500 feet to the intersection of two or more state highways. The distance to the access ramp shall be measured from the point where the pavement widening begins.

(3)

No advertising structure shall be placed within 500 feet of any dwelling or land platted and recorded for residential use, or any school, church, place of public assembly or park unless the property owner waives this requirement as it applies to his or her property.

(4)

An advertising structure may contain no more than two displays per facing, the maximum combined area of which shall not exceed 512 square feet. No advertising structure, excluding supports and frames, shall exceed 16 feet in height or 32 feet in length.

(5)

The height of any advertising structure, including supports and frame, shall not exceed 40 feet measured from either the ground elevation at its base or from the elevation of an adjacent road, street or highway whichever is higher. A minimum of eight feet of open space between the bottom of the display and the ground directly below the display is required.

(6)

Each advertising structure shall be set back at least 50 feet beyond the street or highway right-of-way, measured from the closest edge of the advertising structure.

(7)

No advertising structure shall be erected or maintained on or within an easement or right-of-way, public or private, without the express written approval from the person or agency empowered to grant such approval.

(8)

An improvement location permit shall be required for the erection of an advertising structure. The application for the improvement location permit shall include a plot plan certified by a registered land surveyor, showing the exact location of the proposed advertising structures, intersections, residences and the like that are affected by the proposed structure and regulated by this section. The application for an improvement location permit shall include a notarized statement to be submitted to the county assessor showing the party responsible for future tax assessments due on the advertising structure.

(F)

Specific sign regulations by district.

(1)

FP, AG, R1, R2, R3 and B1 districts.

(a)

Signs shall be permitted in these districts subject to the conditions of subsections (C) and (D) above. In addition, the following conditions shall apply.

1.

One non-lighted, ground mounted, sign for each street frontage shall be permitted.

Maximum area per sign shall be 12 square feet. Maximum height of sign is six feet. Signs shall pertain only to products for sale, events occurring or services rendered upon the premises. Except, freestanding signs are prohibited in R1 and R2 districts.

2.

Signs mounted or attached to the building are permitted as provided in subsection (F)(1)(a)3. below.

3.

One non-lighted nameplate for each street frontage shall be permitted. Maximum area per nameplate shall be six square feet. Nameplates shall display only the name of the property owner or lessee, the name of the property and the address of the property. Free standing name plates shall be set back a minimum of five feet from the right-of-way line of any adjacent street.

4.

"For Rent" and "For Sale" signs shall be permitted. Not more than two such signs not exceeding six square feet per sign shall be permitted on any lot or parcel.

5.

Total area of signs freestanding and attached or mounted on buildings shall not exceed 24 square feet. An improvement location permit for the above-mentioned signs is not required.

(b)

Advertising structures are prohibited.

(2)

B2 districts.

(a)

Signs shall be permitted in this district subject to the conditions of subsections (C) and (D) above. In addition, the following conditions shall apply.

1.

A maximum of two freestanding signs shall be permitted per lot, out-lot or parcel. The signs may be lighted. The total area of all freestanding signs shall not exceed 192 square feet. Maximum height of freestanding signs is 32 feet. Signs mounted or attached to the building are permitted provided the total area of the sign(s) in square feet does not exceed three times the length of the wall in linear feet (e.g., wall length 20 feet maximum sign area is 60 square feet). Further, the total area of all signs, freestanding and those attached or mounted on buildings, shall not exceed 372 square feet.

2.

Small vertical directional signs each not to exceed eight square feet in area may be attached to a building structure to aid customers and suppliers in locating garbage entrances, delivery points and the like. No improvement location permit shall be required for such signs.

3.

"For Rent" and "For Sale" signs shall be permitted. Not more than two such signs not exceeding 12 square feet per sign shall be permitted on any lot, building or occupancy. No improvement location permit shall be required for such temporary signs.

4.

One temporary sign, not exceeding 32 square feet, for the purpose of advertising a special event, such as a "Grand Opening," "Special Sale" or for the purpose of advertising the business until a permanent sign is erected, shall be permitted per business provided the temporary signage does not exceed a collective 30 days out of a calendar year. No improvement location permit shall be required for such temporary signs.

(b)

In addition to the two signs allowed in subsection (F)(2)(a)1. above, shopping centers or multi-business buildings shall be allowed one multi-listing sign consisting of a directory sign for each business no greater than 16 square feet per business, plus space for the shopping center name not to exceed 128 square feet. Total area of all signs on the structure shall not exceed 192 square feet. The sign structure shall not exceed 32 feet in height.

(c)

Advertising structures are prohibited.

(3)

B3, B4, I1, I2, I3 and I4 districts.

(a)

Signs shall be permitted in these districts subject to the conditions of subsections (C), (D) and (E) above. In addition, the following conditions shall apply.

1.

A maximum of three freestanding signs shall be permitted on each lot, out-lot or parcel. The total area of all freestanding signs shall not exceed 256 square feet. Signs mounted or attached to the building are permitted; provided, the total area of the sign(s) in square feet does not exceed three times the length of the wall in linear feet (e.g., wall length 96 feet maximum sign area is 288 square feet). Further, the total area of all signs, freestanding and those attached or mounted on buildings, shall not exceed 512 square feet. Maximum height of freestanding signs is 40 feet.

2.

Shopping centers or multi-business buildings shall be allowed one multi-listing sign consisting of a directory sign for each business no greater than 48 square feet per business, plus space for the shopping center name not to exceed 256 square feet. Total area of all signs on the structure shall not exceed 384 square feet. The sign structure shall not exceed 50 feet in height.

3.

Small vertical directional signs each not to exceed eight square feet in area may be attached to a building structure to aid customers and suppliers in locating garage entrances, delivery points and the like. No improvement location permit shall be required for such signs.

4.

"For Rent" and "For Sale" signs shall be permitted. Not more than two such signs not exceeding 24 square feet per sign shall be permitted on any lot, building or occupancy. No improvement location permit shall be required for such signs.

5.

One temporary sign, not exceeding 32 square feet, for the purpose of advertising a special event, such as a "Grand Opening," "Special Sale" or for the purpose of advertising the business until a permanent sign is erected, shall be permitted per business provided the temporary signage does not exceed a collective 30 days out of a calendar year. No improvement location permit shall be required for such temporary signs.

(b)

Advertising structures are permitted.

(4)

Summary of specific regulations by district.

(G)

Fee for improvement location permit for signs. Fees are due at the time of applying for the improvement location permit and should be paid at the office of city superintendent and in accordance with Section 94-240 of this chapter under signs or advertising structure. Failure to comply with this section shall result in a fine in accordance with Section 94-241 of this chapter with violations to be filed by the city superintendent in the city court. Violations may also be treated the same as any other violation of this chapter and can be enforced by any discretion of the plan commission.

(H)

Inspection, removal, safety and maintenance of signage.

(1)

Inspection. Signs for which a permit is required may be inspected periodically by the building and planning inspector and/or his or her agent for compliance with this and other codes of the city.

(2)

Removal of sign.

(a)

The building and planning inspector may order the removal of any sign erected or maintained in violation of this code. He or she shall give 30 days' notice in writing to the owner of a permanent sign, or place a notice of such violation on the building, structure, property, or sign in violation, to remove the sign or to bring it into compliance within 30 days of the notification. He or she shall give a three-day notice for temporary or portable signs. The building and planning inspector or his or her agent may remove a sign immediately and without notice if in his or her opinion, and with the consent of the mayor, the condition of the sign is such as to present an immediate threat to the safety of the public.

(b)

Any sign removed by the building and planning inspector and/or his or her agent, pursuant of the provisions of this section, shall be held by the city for redemption by the owner, unless the sign was removed from the public right-of-way. To redeem, the owner shall pay all costs incurred by the city for removal. Should said sign not be redeemed within 30 days of its removal, it may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and owner of the property, and may be recovered in an appropriate court action by the city. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal. Signs removed from the public right-of-way shall be considered abandoned and disposed of immediately.

(3)

Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean, and attractive condition. Failure to comply will automatically revoke appropriate permits after such noncompliance has been determined by the building and planning inspector, and notice has been given to the owner of the sign as reflected by the records of the building and planning inspector. Legally established signs, which were either located prior to the requirement for a sign permit or where the subject of a permit and the permit records have been subsequently destroyed, shall also be considered in violation of this provision of the article and enforcement proceedings may be initiated to compel appropriate maintenance to comply with these requirements.

(4)

Abandoned signs. Any sign, to include advertising structures, equipment and lighting fixtures, shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises; unless, however, it is possible to remove only the sign copy (such as in the case of a box sign), then the insertion of a blank, translucent panel shall be considered removal under this code. If the owner or lessee fails to remove it, the building and planning inspector shall give the owner ten days written notice to remove it (except in the cases of signs abandoned in the public right-of-way which shall be removed and disposed of immediately). Upon failure to comply with this notice, the building and planning inspector or his/her duly authorized representative may remove the sign at cost to the owner. Where a successor to a defunct business agrees to maintain the sign(s) as provided in this code, this removal requirement shall not apply. The new sign user shall notify the building and planning inspector's office, in writing, of this change. No new sign permit is required unless the sign is altered or relocated. The building and planning inspector shall be notified in any matters relating to sign relocations.

(Ord. No. 2001-1478, 11-19-2001; Ord. No. 2011-1655, 7-18-2011; Ord. No. 2017-1742, 4- -2017)

(A)

Definitions.

Buffer means any physical barrier, whether naturally occurring or human-made, that has the year-round effect of protecting one land use by mitigating the potentially negative effects of another.

Intruding use means any land use that needs to provide buffering to mitigate potentially negative effects it may have on another use.

Protected use means any land use that needs to be protected from potentially negative effects of another use.

(B)

Reasons for buffers.

(1)

Visual appearance;

(2)

Noise level;

(3)

Odor;

(4)

Public health and safety; and

(5)

Density.

(C)

Chart of buffering. Minimum buffering requirements in terms of distance are given in the following chart of buffering distances. These distances shall be applied to all incompatible adjacent land uses as noted.

(D)

Special exceptions. In applying the requirements of the chart, attention should be focused on the actual use in a proposed zone if the use involves a special exception. Appropriate buffering should be determined by the requirements of the zone in which the special exception use would normally be located. See the following chart of buffering distances on the following page.

(E)

Effectiveness of buffers.

(1)

The goal of these buffering requirements is to describe the minimum buffering required to protect one use from the potentially negative effects of an intruding use. Attention should be given to:

(a)

Distance between incompatible uses;

(b)

Width of buffer;

(c)

Height of buffer; and

(d)

Substance of material used to buffer.

(2)

Consideration must be given to the specific use within a particular intruding zone, as not all uses in a given zone will have the same negative effects on surrounding land uses. Different kinds of buffers will be required by different intruding uses to effectively buffer protected uses.

(3)

The performance standard of the buffer should be that the protected use should be no more affected by the intruding use's presence as it would be by the presence of any use that would not require a buffer.

(F)

Examples of buffers.

(1)

In general, natural buffers are preferred over human-made buffers.

(a)

Natural buffers include:

1.

Topographical variations, including hills and ravines;

2.

Vegetation, including evergreen trees and dense growths of deciduous trees and hedges;

3.

Bodies of water, including creeks, ponds and lakes;

4.

Combinations of the above, including landscaped mounds; and

5.

Judicious site planning with regard to prevailing wind directions.

(b)

Human-made buffers include:

1.

Intervening non-intruding land uses;

2.

Fences; and

3.

Pools.

(2)

The appropriateness and adequacy of a proposed buffer should be evaluated in terms of its effectiveness at mitigating anticipated negative effects of an intruding use. If equivalent effectiveness can be obtained with alternative buffering methods not listed above, they should be looked upon with favor by the governing body.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Industrial.

(1)

Outside storage shall be enclosed within a fenced area.

(2)

Outside storage shall not encroach upon parking areas or boundaries to the extent that parking article requirements as set out in this chapter are not being complied with.

(3)

Outside storage shall not be visible to the public excepting industrial classifications I2, I3 or I4.

(4)

Outside storage, finished or raw materials shall not exceed the height of the enclosed fence in any zoning classification excepting areas zoned I2, I3 or I4.

(B)

Business.

(1)

Bulk storage shall not be in front of the building structure.

(2)

Package display storage shall be permitted in front of the building structure.

(3)

Outside storage is prohibited in B1 district and must be screened from public view in B2 and B3 districts.

(4)

The following shall be excepted in business zoning classification from the outside storage provisions of the article; provided, the stored merchandise, supplies or stock is permitted within the district:

(a)

Merchandise or supplies that have been delivered less than 12 hours;

(b)

Seasonal garden or landscaping merchandise for retail sale;

(c)

Seasonal nursery stock for retail sale;

(d)

Dumpsters or other trash containers; provided, they are screened from public view;

(e)

Items for retail sale that by law are prohibited from being stored inside a building such as propane cylinders or flammables. However, any such items must be stored in a locked, fenced and screened area in approved containers and the total area for storage of such items shall not exceed 72 square feet; and

(f)

Items that are permitted in a specific business district, but by their nature are stored outside including, but not limited to: automobile, truck, trailer or farm implement sales; or similar types of retail sales.

(C)

Residential.

(1)

All storage shall be in an enclosed structure, with the exception of licensed and operable: vehicles; boats; camping trailers; and travel trailers. Also, excepted are stacked firewood, trash receptacles and operational mowing and lawn equipment.

(2)

Maximum height of any fence in a residential or B1 zoning district is six feet.

(3)

No fence shall be placed on public right-of-way or placed at a location that violates Section 94-33(M) of this chapter.

(D)

Screening, fencing and temporary storage containers.

(1)

In all zoning districts screening and fencing, type, height, materials and location must be included as part of any improvement location permit plan. Screening and fencing type, height, materials and location is subject to approval of the city which reserves the right to require any changes it deems necessary for protection of adjacent properties or the public.

(2)

Pods, trailers and other temporary enclosures and commercial type containers are prohibited in residential and B1 zoning districts, except when moving into or out of a house or business in which case the use of temporary enclosures shall not exceed 30 calendar days.

(3)

In all business and industrial zoning districts, where outside storage is permitted and screening and/or fencing is required, screening and fencing type, height, materials and locations are subject to the approval of the city which can require any changes the city believes are needed for the protection of adjacent properties or the public. Further, screening and/or fencing of outside storage is required for any business or industrial use that adjoins a residential district. Screening or fencing of business or industrial storage shall not exceed 12 feet in height on any side that joins a residential use. Pods, trailers and other similar enclosures, used for any type of storage for more than ten consecutive calendar days, are prohibited.

(4)

During declared emergencies, or in the event of destruction of a building by fire or natural disaster, a property owner may request the placement of temporary storage enclosures during the period of active cleanup and reconstruction of the building. Persons seeking such uses shall notify the city superintendent, in writing, of the necessity for temporary storage. The request shall include the location and anticipated duration for use of the temporary storage enclosures. The city superintendent shall grant the request only upon a finding that the need arises from a declared emergency or destruction of a building by fire or natural disaster and that the placement of the temporary storage enclosures will not constitute a hazard to the public, will not be placed on public right-of-way or cause undue hardship to adjoining property owners. Such temporary storage enclosures use shall not exceed a period of 12 months unless the city superintendent finds that the conditions for which the use was originally approved still exist and grants an extension which shall not exceed six months.

(Ord. No. 2001-1478, 11-19-2001)

(A)

In order to promote and protect a healthy and safe environment for every citizen and to retain property values throughout the planning area of the city, the following shall be enforced to prohibit trash, junk, including unlicensed vehicles, garbage and debris.

(1)

In every district, except where specifically permitted as a primary use or by special exception, junk, trash, debris, scrap, garbage or discarded material of any kind, including yard waste, vehicles having outdated license plates, and unused or inoperable appliances shall not accumulate, pile, gather or be stored in sight of the public, including being seen from adjacent property, except as allowed herein. Not included are materials, supplies, merchandise or equipment used for manufacturing, wholesale distribution, retail sales or other permitted use; provided, they are screened from the public in compliance with Section 94-39 of this chapter, or they are within a district that permits unscreened outside storage. Nothing in this subsection (A)(1) shall be construed to allow outside storage in a district where it is prohibited or restricted.

(2)

In multi-family residential, mobile home parks, business and industrial districts, junk, trash, garbage, debris or other items to be discarded shall be placed in a weatherproof commercial dumpster or other type of commercial weather proof waste container, of adequate size to prevent overflowing and the dumpster or container shall be emptied or removed from the property weekly.

(3)

In residential districts, except multi-family and mobile home parks, junk, garbage, debris, including yard waste or other items to be discarded, shall be placed curbside for pickup not more than 24 hours prior to the scheduled time for pickup by the city sanitation department or commercial waste hauler. All garbage placed curbside for pickup shall be in animal-proof containers or other type of container that is approved by the city. Other debris, scrap or discarded materials, placed curbside for pickup, that is loose in nature shall be in an appropriate container to prevent spilling or scattering. Outside storage of any kind, except as provided in Section 94-39 of this chapter, is prohibited.

(4)

In any agricultural district, outside, unscreened, storage of inoperable farm equipment and machinery, used as spare parts in the farm operation, together with limited quantities of scrap metals and lumber, used to make repairs on the farm, are permitted; provided, the storage is more than 660 feet from any residential district. Nothing in this section shall require an existing farm operation to remove or relocate its present storage location to comply with this chapter. However, if the existing location is within 660 feet of a residential district, the storage area shall not be increased in size or moved closer to the residential district. Nothing in this chapter shall require a farm operation to remove or relocate its storage area to accommodate a new residential district.

(5)

In all districts, dumpsters or containers used for receiving debris for construction, remodeling, repair or demolition, including clearing and removal of trash, junk and debris that had accumulated prior to passage of this chapter, are permitted provided they are removed from the property at least monthly and shall be used only during the period work is progressing. However, in no case shall the term of use be longer than 180 days without the express permission of the city superintendent.

(B)

Finding of a violation of this section shall result in a penalty under Section 94-241 of this chapter. Each day that a violation continues shall be considered a separate offense. A violation shall subject the landowner to the remedies and penalties provisions of Article XII of this chapter.

(Ord. No. 2001-1478, 11-19-2001)

(A)

The developers, lot owners and permit holders of any lot shall be responsible for storm water and erosion control during any construction phase or development of the lot. The developer, permit holder and lot owner shall be each jointly and severally responsible for keeping soil, construction and other erosion debris off of the streets of the city or county. The developer, permit holder, and lot owner shall be each jointly and severally responsible for keeping soil and other construction debris and other erosion debris out of storm sewers shown on the plat or storm sewers which are owned by or dedicated to the city or county. Prior to beginning any construction activity that is subject to the city or county storm water and erosion control management plan chapter, the developer, owner or subdivider shall obtain a storm water and erosion control plan approval permit from the office of the city engineer if within the city limits or the county's drainage board if outside the city limits.

(B)

All developers shall be required to file copies of these permits with the city superintendent prior to beginning construction or filing of the final plat for approval.

(C)

Failure to comply with the provisions of the city, county and state permits will subject the developers, owners or subdividers to delay of final plat approval until such time as any violations are corrected or remedied.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Cellular and microwave towers are permitted only by special exception only in AG, B2, B3, B4, I1, I2, I3 and I4 districts.

(B)

The commission may require commitments from the tower owner including, but not limited to: landscaping; installation of an American flag with lighting; fencing; screening; require the tower and equipment be painted or finished in specific colors.

(C)

The commission shall require the applicant to provide written evidence that there is no other existing tower, within the proposed service area, on which the applicant can co-locate their facility.

(D)

Tower owners shall be required to allow other communication companies to lease space for equipment on the tower at reasonable market rates.

(E)

Tower owner is required to obtain a "tower permit" from the office of the city superintendent and pay the fee per Section 94-240 of this chapter. The permit must be renewed bi-annually.

(F)

If the tower owner fails to comply with commitments required by the commission, including maintenance of commitment items including, but not limited to, fences, landscaping, screening and finishes, the city superintendent shall notify the tower owner, in writing, of their failure to meet commitments and shall order the tower owner to rectify the deficiencies within ten days of notice. If the tower owner does not comply with the order, the superintendent shall file the violation in the city court. Violation will carry the penalties per item (e), industrial violation, of Section 94-241 of this chapter. If, after a period of 30 days, the tower owner has not complied with the order, the superintendent may revoke the tower permit.

(G)

The tower company may appeal a revocation of a permit to the commission. Upon appeal the commission may impose additional commitments or penalties, require the tower to be removed at the owner's expense, or order the superintendent to reinstate the permit.

(Ord. No. 2001-1478, 11-19-2001)

(A)

The intentional destruction, demolition or removal of a structure including, houses, garages, sheds, office buildings, foundations and basements, factories, warehouses, radio, cellular or microwave towers, chimneys, water towers or tanks, underground storage tanks, septic tanks, cisterns, wells (gas, oil or water) is prohibited unless a demolition permit is obtained from the office of the city superintendent.

(B)

Prior to beginning demolition, the owner or owner's agent shall obtain all necessary federal and state permits. Proof of obtaining the required permits must be provided to the city superintendent when making application for a demolition permit.

(C)

Applicant for a demolition permit shall provide the following:

(1)

Name, address and telephone number of the landowner and demolition contractor;

(2)

Traffic control plan;

(3)

Proof of disconnection of utilities by the various utility companies (electric, gas, water, sewer, telephone, cable);

(4)

Proof of notification of proposed demolition to the police and fire departments having jurisdiction, which shall include the name and phone number of the contractor and landowner and the scheduled date for demolition to begin;

(5)

Name and location of site (if site is a private landfill a map to the site is required) where rubble, debris and other materials will be disposed of (debris must be disposed of in a public IDEM approved landfill or a private landfill which has DNR and IDEM approval);

(6)

Schedule for completion of all work; and

(7)

Plan for reclamation of the site including, but not limited to: backfill material; final grades; mulch seeding or sodding; erosion control and restoration of sidewalks; curbs; streets; or any other damage to infrastructure on public right-of-way.

(D)

A permit fee in the amount shown in Section 94-240 of this chapter shall be paid.

(E)

The city superintendent shall require the posting of a performance surety (cash, certified check or bond) in an amount of not less than $2,000 or more than $10,000. The amount of surety shall be determined by the city superintendent based upon the size, type and location of structure to be removed and the potential for damage to public infrastructure from demolition activities.

(F)

Any person(s), company, corporation, partnership or contractor that seeks a demolition permit shall carry general liability insurance in an amount of not less than $1,000,000.00 and provide proof of insurance to the city superintendent at the time of permit application.

(G)

Demolition work, other than disconnection of utilities, shall not begin for 72 hours after issuance of the demolition permit to allow police and fire department personnel to take any needed precautions.

(H)

Violation of this section will subject the landowner to the enforcement provisions of Article XII of this chapter.

(Ord. No. 2001-1478, 11-19-2001)