The supplemental standards set forth additional standards for certain uses located within the various zoning districts. These regulations recognize that certain use types have characteristics that require additional controls to protect public health, safety, and welfare. These regulations complement the use regulations contained in Chapter 17.05 Site Development Regulations of this zoning ordinance.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The supplemental standards generally coincide with all "P*" and "C" uses identified in the land use matrix, Section 17.04.110 Land Use Matrix. Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, conditional use permit, variance, development permit, or other permit issued under any local, state, or federal ordinance or statute.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The board of adjustment, PZ commission, or city council may impose additional conditions upon the premises according to Section 17.11.040 Permits and Procedures, as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood. Such conditions shall be expressly set out in the resolution or ordinance authorizing the conditional use or development permit. Violation of such conditions shall be a violation of this title.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The following applies in addition to any landscaping and screening standards in Chapter 17.08 Landscaping and Screening Standards:

A.

Parking lots shall be located in an interior side or rear yard.

B.

All allowed uses must be operated entirely indoors, except for an outdoor restaurant or cafe seating area.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Required Public Sidewalk.

1.

Public sidewalks shall be required for the following:

a.

All new developments in all zoning districts. New developments include projects requiring a site plan review, changes in property use type, and all new primary residential structures.

b.

All redevelopments, enlargements, or extensions of more than twenty-five percent of either the total property area or gross building area in all zoning districts, except for single-unit and two-unit use types.

c.

The city council may waive these requirements in industrial and residential zoning districts based on a recommendation after PZ commission review.

2.

All new or existing sidewalks required by this title must be constructed or reconstructed in concrete and in compliance with current ADA accessibility and meet the local, state, and federal standards.

3.

Where sidewalks are required by this title but are not adjacent to properties with existing sidewalks, city council shall consider installing sidewalks to connect the new development to existing sidewalks in accordance with the city-adopted sidewalk plan.

4.

Sidewalks installed along and parallel to highways, arterial, or collector streets shall be set back at least ten feet from the street curb to allow separation from moving traffic and space for landscaping.

B.

Building Materials and Design. The standards below support the use of high-quality building materials and architectural design on buildings and development of sites in the city. The standards intend to minimize adverse impacts of new development on adjoining properties, achieve a minimum level of architectural variety and quality, incorporate durable structures into the built environment, and enhance the visual appeal of the community.

1.

These provisions shall apply to new development, construction, or improvement of a building or property under the following circumstances:

a.

Applicable land use types. All land use types except residential containing less than three dwelling units and located within an applicable zoning district.

b.

Applicable zoning districts:

i.

NC Neighborhood commercial district.

ii.

CC Community commercial district.

iii.

DC Downtown commercial district.

iv.

GC General commercial district.

v.

BP Business park district.

vi.

Public institutional district.

vii.

Industrial park overlay district.

c.

Applicable buildings. All principal use buildings and any accessory use building over two hundred forty square feet.

d.

Applicable building facades. Any building façade which predominately faces a street. Buildings with multiple streets or skewed placement shall apply these provisions to all facades which predominately face a street.

2.

Acceptable wall materials. All exterior wall materials exposed to view on a street-facing façade shall consist of one or more of the following:

a.

Brick.

b.

Stone, natural or manufactured.

c.

Block or concrete masonry units, textured/non-smooth finish.

d.

Tile, glazed, or porcelain.

e.

Concrete, cast in place or non-smooth faced design.

f.

Glass panels or block.

g.

Structural wood or metal.

h.

Siding: natural wood, engineered wood, fiber cement, or masonry planks or panels.

i.

Stucco, synthetic stucco, or Exterior Insulation and Finish System (EIFS).

j.

Architectural/decorative metal panels with concealed fasteners.

k.

Terra cotta.

3.

Prohibited wall materials. The following siding materials are prohibited on any street-facing façade:

a.

Vinyl and metal siding.

b.

Corrugated metal, fiberglass, or vinyl panels.

c.

Plywood.

d.

Plastic.

e.

Prefinished metal, vinyl, and fiberglass may be used on canopies, fascia, soffit, trim, and upper accents.

4.

Other wall materials. Other building materials may be considered following submission of elevation drawings, material samples, and supporting literature to the zoning administrator. An exception may be granted by the applicable review body if the proposed material is found to be consistent with the adopted purpose of this section, the purpose and defining characteristics of the zoning district, and the goals and objectives of the Comprehensive Plan as they apply to the proposed project and location.

C.

Building Features. In addition to the building material standards above, the primary street-facing façade on a principal use building shall incorporate, at minimum, two of the following architectural feature options to improve visual interest and avoid a monolithic appearance:

1.

A columned roof structure above the main entrance, such as a portico or porte-cochere, encompassing at least twenty percent of the length of the building façade.

2.

A parapet wall and cornice along one hundred percent of the top of the building façade.

3.

Natural brick or stone masonry covering at least fifty percent of the building façade wall.

4.

Wall projections, recessions, or articulation along at least twenty percent of the length of the building façade.

5.

Windows, awnings, canopies, arcades, or other significant architectural features covering at least sixty percent of the overall building façade.

6.

Changes in wall planes of at least five feet at intervals of not more than sixty feet.

D.

Accessory Site Features. Certain accessory site features shall be upkept and installed according to the following standards:

1.

Mechanical equipment, including roof mounted equipment. Shall be screened from public view by building wall extensions, opaque fencing, structural enclosures, landscaping, or incorporated into public art, subject to standards in this zoning ordinance.

2.

Accessory buildings and structures. Shall be consistent and compatible with principal buildings in terms of architectural detail and materials.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Animal Production.

1.

No commercial poultry or livestock operation shall be located within one thousand feet of any residential or commercial zoning district.

B.

Commercial Feedlots. Commercial feedlots are not permitted within one mile of city limits.

C.

Community Garden. Is permitted if:

1.

The site is designed and maintained so that water and fertilizer will not drain onto adjacent property.

2.

There are no retail sales on site.

3.

Fences comply with Section 17.06.140 Fences and Walls.

4.

The garden plot observes the setbacks of the applicable district within which it is located.

5.

Compost or waste bins are no less than twenty feet from the property lines of adjacent residences.

6.

The garden is regularly mowed, kept free of weeds and overgrowth, and always maintained in good condition.

D.

Urban Farming. Is permitted when:

1.

Agricultural uses have no offensive odors or create dust and provided that no retail sales shall be permitted on the premises.

2.

Crop areas must be set back at least five feet from all property lines. The required setback must be covered with ground plants, not planted with the intent to harvest, which may include grasses (including native species and ornamental grasses).

3.

Lighting, if provided, shall be shielded so that all directly emitted light falls within the property.

4.

Use of mechanical farm equipment shall be limited to walk-behind equipment or small garden tractors of a size typical of residential use. Larger machinery intended for industrial agricultural operations shall not be used as part of urban farming.

5.

All seeds, chemicals, tools, and equipment stored on-site shall be in a permitted principal or accessory structure.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

All Uses.

1.

A minimum of fifteen percent of the facade of the building facing the street shall consist of windows, doors, and other building openings.

2.

Any foundation skirting material shall have the appearance of masonry or poured concrete typical of site-built homes. The skirting must be installed within thirty days following the installation of the home or the first day of May if the ground is frozen when the home is placed.

B.

Dwelling, Multi-Unit.

1.

In the R-2, R-3, NC, and DC districts, parking areas and garages are located in the rear or side yards.

2.

Walkways with a minimum width of five feet shall directly connect each front door or front entrance with surrounding sidewalks, walkways, or paths.

3.

All crossings of internal streets, access drives, and driveways shall have well-defined pavement markings and pedestrian crossing signs.

4.

Lighting shall be shielded from adjacent properties and directed downward.

C.

Dwelling, Townhouse. Where permitted, a townhouse structure is subject to the following regulations:

1.

Coverage percentages are computed for the site of the entire townhouse common development.

2.

Primary entrance(s) into the building shall be oriented to face the street, which may be a shared entrance with access to each unit.

3.

There is a minimum distance of twenty (20) feet between unattached townhome structures.

4.

In the R-2, R-3, NC, and DC districts, parking areas and garages are located in the rear or side yards.

D.

Dwelling, Two-Unit and Zero-Lot Line.

1.

At least one primary entrance into the building shall be oriented to face the street, which may be a shared entrance with access to each unit.

2.

Conversions of single-unit to two-unit dwellings are allowed if the following are met:

a.

Units can be attached in a standard (side-by-side), vertical (over-under), or front-back arrangement.

b.

All development, parking, landscaping, and other applicable regulations in the Oskaloosa Municipal Code for two-unit dwellings must be met.

E.

Mobile Home Parks. In the RM mobile home residential district, which permits mobile home residential uses, such use may be configured in a mobile home park or mobile home subdivision. Following the effective date of this ordinance, a mobile home not meeting the standards and qualifications of a manufactured home shall be located in a mobile home park or mobile home subdivision. A mobile home park is subject to approval as a conditional use by the PZ commission and compliance with the following regulations:

1.

Certification. A certification of compliance with all ordinances and regulations regarding mobile homes, manufactured homes, modular homes, or a combination of any of these homes licensing, zoning, health, plumbing, electrical, building, fire protection, and any other applicable requirements shall be issued by the zoning administrator prior to the occupancy of any new mobile home park or any expansion of an existing mobile home park.

2.

Minimum and Maximum Area. A mobile home park shall be considered to be one zoned lot. The contiguous area of a mobile home park shall have a minimum of three acres.

3.

Density Requirements.

a.

The minimum gross site area per dwelling unit shall be five thousand square feet.

b.

The minimum size of an individual mobile home space shall be four thousand square feet for single-wide mobile home units and six thousand square feet for double-wide mobile home units.

4.

Site Development Standards.

a.

Setbacks. Each mobile home park shall have a minimum perimeter setback of thirty feet from adjacent nonresidential uses and fifty feet from adjacent residential uses or public rights-of-way. No space for a dwelling unit or any other structure shall be permitted in the required setback.

b.

Setback landscaping. All areas contained within the required setbacks except sidewalks and private drives shall be landscaped and screened in conformance with Chapter 17.08 Landscaping and Screening Standards. Screening shall be provided in conformance with Chapter 17.08 Landscaping and Screening Standards for any common property line with another nonresidential use.

c.

Height. Buildings shall be not more than two stories in height.

d.

Impervious coverage. Impervious coverage for a mobile home park shall not exceed fifty percent of the total site area.

e.

Open space. Each mobile home park shall provide a minimum of four hundred square feet of open recreational space per unit. Such space shall be provided at a central location accessible from all parts of the park by pedestrians. Required perimeter setbacks or buffers shall not be credited toward the fulfillment of this requirement.

i.

This requirement may be waived if a public park is within one thousand feet of all mobile homes within the development.

f.

Separation between mobile home units. The minimum separation between an individual mobile home unit and attached accessory structure and any other mobile home units and/or accessory structure shall be twenty feet.

g.

Separation and setbacks for accessory buildings. An accessory building on a mobile home space shall maintain a minimum rear and side yard setback of five feet. A minimum distance of ten feet shall be provided between any mobile home and an unattached accessory building.

5.

Street Access and Circulation Requirements.

a.

Access to public street. Each mobile home park must abut and have access to a dedicated public street with a right-of-way of at least sixty feet. Direct access to a mobile home space from a public street is prohibited.

b.

Vehicular circulation. The mobile home park must provide interior vehicular circulation on a private internal street system. The minimum interior street width shall be twenty-five feet. The street system shall be continuous and connected with other internal and public streets or shall have a cul-de-sac with a minimum diameter of eighty feet. No such culs-de-sac may exceed three hundred feet in length.

c.

Separation between units and circulation areas. A mobile home unit or any attached accessory structure shall be a minimum of ten feet from the pavement of an internal street or parking area.

d.

Sidewalks. Each mobile home park shall provide a sidewalk system to connect each mobile home space to common buildings or community facilities constructed for the use of its residents and to the fronting public right-of-way. Sidewalk width shall be at least five feet.

e.

Street and sidewalk standards. All internal streets and sidewalks shall be hard-surfaced with asphaltic or Portland cement binder pavement. Electric street lighting is required along all internal streets.

6.

Tie Downs and Skirting. All mobile homes shall be securely tied down at each corner, or in accordance with manufacturers' recommendations, with continuous skirting all around the bottom of the structure to the top of the ground. Skirting shall consist of a durable non-weathering material made for that purpose.

7.

Tornado Shelters. Tornado shelters shall be provided in the mobile home park. Such shelter or shelters shall be built according to the recommendations of the Federal Civil Defense Authority and be large enough to meet the specific needs of the park and its residents.

8.

Utilities.

a.

All mobile home parks shall provide individual units and common facilities with an adequate, piped water supply for both drinking and domestic purposes.

b.

Complete sanitary and sewer service shall be provided within each mobile home park in accordance with city standards.

c.

Properly spaced and operating fire hydrants shall be provided for proper fire protection within each mobile home park in accordance with applicable City codes and public improvement design standards.

d.

All electric, telephone, gas, and other utility lines shall be installed underground.

9.

Solid Waste Receptacles. Refuse collection stands consisting of a holder or rack elevated at least twelve inches above ground or on an impervious slab at ground level shall be provided for all solid waste receptacles. All mobile home parks shall be provided waste disposal based on one dumpster per each twenty developed lots. All dumpsters shall be screened from view with a one hundred percent opacity fence or wall.

10.

Financial Responsibility. Each application for a mobile home park shall include a demonstration by the developer of the financial capability to complete the project and a construction schedule.

11.

Completion Schedule. Construction must begin on any approved mobile home park within one year of the date of approval by the PZ commission. Such construction shall be completed within two years of approval unless otherwise extended by the PZ commission.

12.

All other uses and provisions of the mobile home park regulations and state are incorporated herein by reference.

F.

Two-Unit Residential.

1.

The second dwelling unit shall be located to the rear of the site and separated from the front dwelling unit by a minimum of twenty-five feet.

2.

The second dwelling unit shall be served by a driveway at least ten feet in width, leading from a public street or alley adjacent to the lot.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Educational Facilities.

1.

Primary, secondary, and university educational facilities shall maintain a forty-foot property line setback in all zoning districts in which they are permitted.

B.

Group Care and Group Homes.

1.

Each group care facility or group home must be validly licensed by the state or the appropriate governmental subdivision.

2.

Group homes are permitted in the DC district only on levels above street level, except that a facility specifically designed for occupancy by disabled residents may be developed at street level, subject to the approval of a conditional use permit by the PZ commission.

C.

Indoor Recreation.

1.

All principal and accessory uses occur indoors and are conducted in a completely enclosed building with no openings other than pedestrian entrances and stationary glass windows, facing any residential district or use.

2.

In residential districts, uses are designed with no more than ten thousand square feet of gross floor area and parking located in the rear or side yard, subject to the screening requirements of Section 17.08.060 Bufferyards and Screening Provisions and Section 17.08.070 Bufferyard and Screening Exceptions.

D.

Outdoor Commercial Recreation.

1.

The use, measured from the developed part of the site, is six hundred feet from residential districts and uses.

2.

All lighting is shielded to prevent the direct glare of beams onto any adjacent residential district or use.

3.

Access to service and parking areas for over fifty vehicles is from a collector or arterial street or a service road.

E.

Place of Assembly.

1.

Facilities developed for places of assembly adjacent to or within AG, RR, R-1, and R-2 districts shall maintain a forty-foot setback from all property lines.

2.

The maximum lot area is not more than four times the average lot area on the block if adjacent to a local street.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Animal Shelter and Kennels.

1.

No building or dog runs shall be located nearer than one hundred feet from any property line and five hundred feet to the property line of any residential use or district.

2.

All kennel facilities shall be screened around such facilities or at property lines to prevent distracting or exciting animals. Screening shall be of a type provided by Section 17.08.060 Bufferyards and Screening Provisions, establishing landscape and screening standards.

3.

Dog runs will not be used after nine p.m. or before seven a.m.

B.

Automobile and Equipment Repair.

1.

Where permitted in commercial districts, all repair activities must occur within a completely enclosed building.

2.

Outdoor storage is permitted only where incidental to auto repair and body repair, provided that such storage is completely screened so as not to be visible from residential areas or public rights-of-ways. Screening is subject to provisions of Chapter 17.08 Landscaping and Screening Standards.

3.

Any spray painting must occur within structures designed for that purpose and approved by the building official.

4.

Access is taken from a collector or arterial street, or a local street if no residential use is between the access point and the nearest intersection with a collector or arterial street.

C.

Automobile Rental or Sales.

1.

All outdoor display areas for rental and sales facilities shall be hard-surfaced.

2.

Body repair and car wash services are permitted as an accessory use to automobile rental and sales facilities, provided that such services shall not exceed forty percent of the gross floor area of the building. All other supplemental standards in this chapter for body repair and car washes shall also apply.

D.

Car Wash.

1.

Each automatic car washing facility shall provide eighty feet of stacking capacity per washing lane on the approach side of the washing structure and stacking space for two vehicles on the exit side.

2.

Each non-automatic car washing facility shall provide stacking space for two automobiles per bay on the approach side and one space per bay on the exit side of the building.

3.

All facilities are designed and configured so that outdoor spraying preparation or drying activities are directed away from any abutting residential districts or uses.

4.

Bay access is oriented and/or screen walls are provided to prevent headlights from shining onto any abutting residential district or use.

5.

Accessory equipment is set back at least twenty feet from all property lines.

E.

Fuel Station.

1.

Lighting is shielded to prevent the direct glare of beams onto any adjacent residential districts or uses.

2.

No repairs other than minor automobile repairs are performed on the premises, and any such minor repairs are performed only within the principal building on the premises.

3.

No partially dismantled or wrecked vehicles are stored outside a completely enclosed building.

4.

The use is separated from all residential districts in accordance with Section 17.08.060 Bufferyards and Screening Provisions.

5.

A truck routing plan shows that the ingress and egress to the site limit the use of local streets as much as possible.

6.

If the use contains a car wash, the supplemental standards for a car wash shall apply.

F.

General Office, No Drive-Through.

1.

In the IP overlay district office uses shall be accessory to other permitted uses or, if a principal use, serve primarily as a non-local function as determined by the zoning administrator. Examples include corporate offices and professional research.

G.

Heavy Retail and Heavy Service.

1.

Heavy retail and heavy service uses that include outdoor storage of materials shall comply with the following conditions:

a.

All outside storage or display of merchandise or other materials or equipment shall be screened from view at eye level from a public street or adjacent property.

b.

All storage buildings with overhead doors, drive openings, open bays, and loading areas shall be fully screened from view from a public street or adjacent property at eye level.

c.

Minimum screening shall be consistent with screening standards set forth in Chapter 17.08 Landscaping and Screening Standards.

d.

All areas not occupied by buildings or landscaping shall be paved with concrete, asphalt, or a similar treatment to reduce dust.

H.

Live/Work Unit. In residential districts:

1.

In districts where a Live/Work Unit is a permitted use, the commercial or office use associated with the Live/Work Unit shall be a use that may be permitted or permitted by conditional use in that district.

2.

The units are designed with an external appearance as a residence rather than a commercial business.

3.

The area devoted to work does not exceed fifty percent of the total habitable area of the unit.

4.

Signage is restricted to a single placard with a maximum size of two square feet that must be affixed securely and flat against a wall of the unit.

I.

Mixed-Use.

1.

In districts where mixed-use is a permitted use, the uses shall be a use that is permitted or permitted by conditional use in that district.

2.

The supplemental standards for a multi-unit dwelling shall also apply when residential units are provided.

J.

Restricted (or Adult Entertainment) Business. Adult entertainment businesses shall be subject to the following restrictions, and no person shall cause or permit the establishment of any adult entertainment business contrary to said restrictions:

1.

An adult entertainment business shall not be open between the hours of twelve midnight and six a.m.

2.

An adult entertainment business shall not be allowed within five hundred feet of another existing adult entertainment business.

3.

An adult entertainment business shall not be located within five hundred feet of any residentially zoned district.

4.

An adult entertainment business shall not be located within five hundred feet of a preexisting school, public park, or place of assembly.

5.

The provisions of this chapter shall apply to any adult entertainment businesses in existence at the time the ordinance codified in this chapter takes effect. No such nonconforming use shall be permitted to expand in size or scope and the rights granted in this chapter shall terminate upon cessation of business, sale, or transfer of ownership of the adult entertainment business.

6.

Measurement of Distances. For the purpose of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult entertainment business to the point on the property line of such other business, school, place of assembly, public park or areas zoned for residential use which is closest to the said main entrance of such adult entertainment business.

7.

No adult entertainment business shall employ any person under twenty-one years of age.

8.

No adult entertainment business shall furnish any merchandise or services to any person who is under eighteen years of age.

9.

No adult entertainment business shall be conducted in any manner that permits the observation of models or any material depicting, describing, or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult use. No operator of an adult entertainment business or any officer, associate, member, representative, agent, owner, or employee of such business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the premises which are prohibited by this zoning ordinance or any laws of the state or the United States.

10.

No part of the interior of the adult entertainment business shall be visible from any pedestrian sidewalk, walkway, street, or other public or semipublic area.

11.

An adult entertainment business shall post a sign at the entrance of the premises, which shall state the nature of the business and shall state that no one under the age of eighteen years is allowed on the premises. The sign shall comply with the city's sign regulations. This section shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.

12.

Nuisance Operation. Any adult entertainment business operated, conducted, or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner prescribed by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining an adult entertainment business contrary to the provisions of this chapter.

13.

Penalty for Violations. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars or by imprisonment for not more than thirty days.

K.

Short-term Rental.

1.

The short-term rental shall not be used for party rentals.

2.

The rental shall not be used for any type of illegal activities as defined by state and federal laws.

3.

The owner of the property being rented must live in Oskaloosa's zoning jurisdiction.

4.

A short-term rental property must register with the city's rental housing inspection program as listed in Chapter 15.60 of the Municipal Code, regardless of how often the unit is available for rent.

5.

All applicable district standards for the original residential use of the structure shall apply.

6.

In the RR, R-1, and R-2 districts, no more than one rented unit may be permitted on a property at one time.

L.

Vehicle Storage (short-term).

1.

Opaque, freestanding fencing or screen walls shall fully enclose the perimeter of each new facility. The minimum height of this enclosure shall be eight feet. Any such enclosure shall be constructed behind required landscaped bufferyards.

2.

Storage of materials shall not be higher than the height of the surrounding screen fence or wall.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

All performance standards. The following standards are for all industrial uses listed in Section 17.04.110 Land Use Matrix.

1.

Truck Traffic. Industrial uses that require semi-trailer truck service shall provide a truck routing plan that demonstrates compliance with the following standards:

a.

The use shall take access from a street of sufficient width and construction to accommodate the required semi-trailer truck service. Such access shall be evaluated from the point of ingress and egress to the parcel proposed for development to the point of intersection of the proposed truck route with an arterial street or highway, whichever is closer.

b.

The use shall not be located to require semi-trailer trucks to travel on local streets that traverse residential zoning districts.

c.

Truck parking, loading, and maneuvering areas shall be constructed of Portland Cement concrete. All other service and storage areas shall have an all-weather surface for a distance of fifty feet from the public street right-of-way, which minimizes the generation of dust and sediment. Any remaining lay down yards or storage areas may have gravel surfaces.

2.

External Impacts. All manufacturing or fabrication processes that are reasonably likely to produce material, detrimental off-site impacts, including glare, dust, odors, air contaminants, vibrations, and noise impacts, shall be sufficiently enclosed to mitigate the impacts. For the purposes of this standard, "sufficiently enclosed" may include a bufferyard with walls, fences, and/or earthen berms necessary to accomplish the mitigation objective, as listed in Section 17.08.060 Bufferyards and Screening Provisions.

3.

In all districts where industrial uses are permitted, except the GI district:

a.

All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored outside. Normal daily inorganic wastes may be stored outside in containers, provided such containers are not visible from the street.

b.

Fire hazard. No operation shall involve the use of highly flammable gases, acids, liquids, or other inherent fire hazards. This prohibition shall not apply to the normal use of heating or motor fuels and welding gases when handled in accordance with the regulations of the county and the city.

c.

Sewage and wastes. No operation shall discharge into a sewer, drainage way, or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.

d.

Air contaminants. No material may be discharged into the air from any source in such quantity as to cause injury, detriment, nuisance, or annoyance to any considerable number of people or the public in general; or to endanger the health, comfort, or safety of any considerable number of people or to the public in general; or to damage other businesses, vegetation, or property.

e.

Odor. The emission of odors determined by the PZ commission to be obnoxious to most people shall be prohibited. Such odors shall be measured at the property line of the operation.

f.

Gases. No release of noxious or poisonous gases shall be permitted except as provided in this section. Measurements of sulfur dioxide, hydrogen sulfide, or carbon monoxide shall not exceed five parts per million taken at the property line of the operation.

g.

Vibration. All machines shall be mounted to minimize vibration. No measurable vibration shall occur at the property line of the operation, which exceeds a displacement of 0.003 inch.

h.

Glare and heat. All glare generated by a use shall be shielded or directed so as not to be visible at the property line of the operation. No heat may be generated from an operation that raises the air temperature at the property line of the operation by more than five degrees Fahrenheit above the ambient air temperature.

i.

Storage of chemical products. If allowed by conditional use permit, any above or below ground storage of liquid petroleum products or chemicals of a flammable or noxious nature shall not exceed forty thousand gallons when stored on one lot less than one acre. Such storage shall not exceed twenty-five thousand gallons in any one tank. Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess of twenty-five thousand gallons shall be located at least fifty feet from any structure intended for human habitation and at least two hundred feet from any residential, office, or commercial zoning district.

B.

Extraction. Extraction, where permitted, is subject to the following additional requirements:

1.

Erosion Control. An extraction use may not increase the amount of storm runoff onto adjacent properties. Erosion control facilities, including retention and sediment basins, are required of each facility, if necessary, to meet this standard.

2.

Surface Drainage. The surface of the use may not result in the collection or ponding of water, unless specifically permitted by the city council.

3.

Storage of Topsoil. Topsoil shall be collected and stored for redistribution following the operation.

4.

Elimination of Hazards. Excavation shall not result in a hazard to any person or property. The following measures are required:

a.

Restoration of slopes to a gradient not exceeding thirty-three percent as soon as possible.

b.

Installation of a perimeter safety screening.

c.

Installation of visual screening adjacent to any property within a residential or public institutional district.

5.

Restoration of Landscape. The topography and soil of the resource extraction site shall be restored and stabilized within nine months of completion of the operation. The site shall be seeded, planted, and contoured to prevent erosion. Alternatively, the site may be used as a lake or body of water, subject to approval by the city council with the recommendation of the PZ commission and the Department of Natural Resources.

C.

Landfills, Refuse.

1.

Compliance with Codes. Each landfill must comply with all relevant city, county, state, or federal codes and statutes.

2.

Prevention of Hazards. No facility shall present a hazard to surrounding residents or properties.

3.

Drainage and Water Supply. No landfill may modify or prevent the flow of major natural drainageways within the jurisdiction of the city. Landfills shall not produce a measurable increase in pollution in any public water-based recreational facility or any waterway or well that is part of a public or private water supply.

4.

Minimum Separation from Residential Uses. No non putrescible landfill may be established within three hundred feet of a developed residential or public use. No landfill involving the disposal of putrescible or septic wastes shall be established within one-fourth mile of any residential, public, or commercial zoning district; or any state or federal highway.

5.

Restoration of Site. Any landfill site must be restored, stabilized, planted, and seeded within six months after the end of the operation. Dissipation of waste products must be accomplished in a manner approved by the Iowa Department of Natural Resources.

6.

Toxic Waste. The disposal of hazardous, toxic, or radioactive wastes as defined by the Federal Environmental Protection Agency shall be prohibited within the city and its extraterritorial jurisdiction.

D.

Outdoor Storage and Vehicle Storage (long-term). Permitted as a principal use as indicated in Section 17.04.110 Land Use Matrix provided:

1.

The use is not used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted, provided that the materials are not stored for more than seven days and do not contain hazardous materials or wind-blown debris.

2.

All outside storage or display of merchandise or other materials or equipment shall be screened from a public street or adjacent property with opaque, freestanding fencing or screen walls. The minimum height of the screening shall be eight feet. Any such structural screening shall be constructed behind required landscaped bufferyards.

3.

Minimum screening shall be consistent with screening standards set forth in Chapter 17.08 Landscaping and Screening Standards.

4.

Storage of materials shall not be higher than the height of the surrounding screening.

5.

All areas not occupied by buildings or landscaping shall be paved with concrete, asphalt, or similar treatment to reduce dust.

6.

No new storage uses may be established within five hundred feet of the nearest property line of a pre-existing residential zoning district or of any pre-established public or institutional use.

E.

Salvage Service.

1.

Screening.

a.

The perimeter of each new facility shall be fully enclosed by opaque, freestanding fencing or screen walls. Materials used for fencing or screen walls shall be reviewed and approved by the zoning administrator. The minimum height of this enclosure shall be ten feet. Any such enclosure shall be constructed behind required landscaped bufferyards and shall be kept in a state of reasonable maintenance.

b.

Each existing salvage services facility shall be screened as provided above within one year of the effective date of this title.

2.

Storage of materials within any salvage services facility may not be higher than the height of the surrounding screen fence or wall.

3.

No salvage services use may be established within three hundred feet of the nearest property line of a pre-existing residential zoning district or of any pre-established public or institutional use.

F.

Self-Storage Facility (indoor). When permitted in the AG, CC, GC, and LI districts, self-storage facilities (indoor) shall be subject to the following additional requirements:

1.

Activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance of the facility.

2.

Accessory activities can include the storage of vehicles, light trucks, boats, and recreational vehicles provided that the area:

a.

Is in a side or rear yard.

b.

Does not comprise more the fifty percent of the gross site area.

c.

Includes screening according to Chapter 17.08 Landscaping and Screening Standards. However, chain-linked fencing shall not be used as the required fencing method along the sides facing the street.

3.

All driveways within the facility shall provide a paved surface with a minimum width of twenty-five feet.

4.

All storage must be within enclosed buildings and shall not include the storage of hazardous materials.

5.

No storage buildings may open into required front yards.

6.

Facilities must maintain landscaped buffer yards of thirty-five feet adjacent to any public right-of-way and twenty feet adjacent to other property lines unless greater setbacks are required by Chapter 17.05 Site Development Regulations.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Broadcasting Center.

1.

Tower mounted equipment complies with the supplemental standards of telecommunication towers in Subsection 17.03.040.H.10. Telecommunication Tower.

2.

Roof-mounted equipment does not extend more than ten feet above the rooftop.

3.

Ground-mounted satellite dishes are setback at least seventy-five feet from all property lines and screened according to Chapter 17.08 Landscaping and Screening Standards. Security fencing is allowed but does not count toward the screening requirements if not opaque.

B.

Electrical Substation.

1.

All buildings and structures shall be screened from view from public rights-of-way or any private property located in any residential district. Any screening located in or adjacent to any front yard shall be limited to vegetation that provides effective year-round screening.

2.

All electric substation uses shall be fenced where any hazard to the safety of human or animal life is present.

3.

Yards shall be provided as set out for the district where the use is located.

C.

Fireworks, Sales. The sale of fireworks in a permanent or temporary structure shall be in accordance with the dates and times designated by Iowa Code, standards set by the National Fire Protection Association (NFPA) as adopted by state code, with the International Fire Code, any other applicable city codes, and the standards below:

1.

Application. Prior to establishing any sales outlet for consumer fireworks, an application on a form supplied by the city shall be submitted, along with all required attachments and the initial inspection fee, to the City Fire Marshal. Attachments shall include:

a.

Proof of License. Proof of licensing from the Office of the State Fire Marshal.

b.

Proof of Liability Insurance. Proof of liability insurance, separate from the building property insurance, covering all aspects of consumer fireworks sales for a minimum amount per occurrence of one million dollars and a minimum aggregate amount of two million dollars.

c.

Site Plan. All initial applications for establishing a consumer fireworks sales outlet shall include a detailed site plan drawn to a measurable scale showing the location of all permanent buildings on the site and any temporary structures erected for the sale of consumer fireworks.

2.

No person shall sell consumer fireworks to a person under the age of eighteen.

3.

Consumer fireworks shall not be sold to an intoxicated person or to any person whom a reasonable person would believe may be impaired by other substances.

D.

Parking Lot.

1.

Compliance with the parking and screening standards of Chapter 17.07 Parking, Loading, and Site Access Standards and Chapter 17.08 Landscaping and Screening Standards.

E.

Parking Structure.

1.

Parking structures are not allowed in the R-3 district unless located within the primary structure/use.

2.

Parking structures are not allowed in the DC district unless located within or attached to the primary structure/use where the ground level street frontages have permitted commercial, public, or institutional uses. Vehicle entrances shall be designed to minimize views into the garage interior from surrounding streets, which may include, but are not limited to:

a.

Ornamental grillwork (plain vertical or horizontal bars are not acceptable).

b.

Decorative artwork, such as metal panels, murals, and mosaics.

c.

Display windows for use by nearby merchants.

F.

Solar Energy System (SES), Primary. The site development standards where permitted in each district apply, in addition to the standards below:

1.

Height. The average height of the solar panel arrays shall not exceed fifteen feet.

2.

Stormwater Management. Fixed freestanding solar energy systems shall be considered impervious, and the property shall be designed to absorb or detain specific runoff with a vegetated ground cover. The impervious cover calculation shall also include the support posts of the panels, any roads or impervious driveway surfaces, parking areas, and buildings on the site.

3.

Buffering. The use is considered an industrial use for the purposes of buffering requirements but does not need to be screened from public streets.

4.

Location. Solar energy systems shall not be placed:

a.

Where there are designated floodplains, wetlands, or other critical natural resources.

b.

Where they extend into any easement, right of way, or public way regardless of above stated minimum setbacks.

5.

Agricultural District. In addition to the conditional use permit criteria and those in this subsection, the board of adjustment shall consider the following:

a.

Whether the use is proposed in a potential city growth area as identified in the comprehensive plan.

b.

The productivity of any land in agricultural production to be removed, as measured by the Corn Suitability Rating (CSR).

6.

Customer owned on-site power lines shall be buried except where connecting to existing overhead utility lines. This requirement shall not apply to fiber optic connections.

7.

A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Solar energy systems must be decommissioned if they are not in use for twelve consecutive months. The plan shall include provisions for removing all structures and foundations, restoring soil and vegetation, and ensuring financial resources will be available to fully decommission the site. The city reserves the right to require the posting of a bond, letter of credit, or the establishment of an escrow account to ensure proper decommissioning.

G.

Telecommunications Towers. The provisions of this section apply to all wireless telecommunications facilities unless otherwise expressly indicated.

1.

The provisions of this article shall not be construed as:

a.

Prohibiting administration and enforcement of airport zoning for the protection of navigable airspace, pursuant to Iowa Code chapter 329, by an airport, aviation authority, or municipality.

b.

Infringing upon the jurisdiction of a historic preservation commission to approve or deny applications for proposed alterations to exterior features within an area designated as an area of historical significance.

c.

Infringing upon the jurisdiction of the city, county, or historic preservation commission to approve or deny applications for proposed alterations to exterior features of designated local historic landmarks.

2.

Application Review for All Applications. Applicants shall complete an application form and indicate whether their application and intended use is for:

a.

An eligible facilities request, construction of a new tower.

b.

For the initial placement of transmission equipment on a wireless support structure.

c.

For the modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station.

d.

Any other request to construct or place transmission equipment that does not meet the definition of an eligible facilities request.

3.

Limitation of Review and Conditions. The city's review and approval process will not:

a.

Request for an application to include information about, or evaluate an applicant's business decisions with respect to, the applicant's designed service, customer demand for service, or quality of the applicant's service to or from a particular area or site.

b.

Include evaluating the availability of other potential locations for the placement or construction of a tower or transmission equipment.

c.

Require applicants to establish other options for collocation instead of constructing a new tower or modifying an existing tower or existing base station that constitutes a substantial change to an existing tower or base station.

d.

Dictate the type of transmission equipment or technology to be used by the applicant or discriminate between different types of infrastructure or technology.

e.

Deny an application, in whole or in part, based on perceived or alleged environmental effects of radio frequency emissions, as provided in 47 U.S.C. § 332(c)(7)(B)(iv).

f.

Establish or enforce regulations or procedures for radio frequency signal strength or the adequacy of service quality.

g.

Impose environmental testing, sampling, monitoring requirements, or other compliance measures for radio frequency emissions from transmission equipment that are categorically excluded under FCC rules for radio frequency emissions pursuant to 47.C.F.R. § 1.1307(b)(1).

h.

Any review requirements or review criteria prohibited by Iowa Code Chapter 8C, the Spectrum Act, similar FCC regulations, or other applicable state and federal law.

i.

Require the removal of existing towers, base stations, or transmission equipment, wherever located, as a condition to approval of an application.

j.

Prohibit the placement of emergency power systems that comply with Federal and state environmental requirements.

k.

Impose surety requirements, including bonds, escrow, deposits, letters of credit, or any other type of financial surety, to ensure that abandoned or unused towers or transmission equipment can be removed.

l.

Condition the approval of an application on the applicant's agreement to:

i.

Provide space on or near the tower, base station, or wireless support structure for the city or local governmental or nongovernmental services at less than the market rate for such space.

ii.

Provide other services via the structure or facilities at less than the market rate for such services.

4.

Historic Properties and Districts. The city may administer and enforce zoning regulations to approve or deny applications for proposed alterations to exterior features of designated local historic landmarks. Applicants shall also comply with federal and state historic property laws.

5.

Existing Antennas and Towers.

a.

Substantial Changes. Any modification to wireless telecommunication equipment associated with an existing tower or an existing support structure shall be approved unless the modification is a "substantial change." A "substantial change" shall mean any one or more of the following:

i.

Increase in the height of an existing tower, other than a tower in the public right-of-way, by more than ten percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna, not to exceed twenty feet, whichever is greater.

ii.

Increase in the height of existing support structures by more than ten percent or more than ten feet, whichever is greater.

iii.

Addition of an appurtenance to the body of the tower, other than a tower in the public right-of-way, which would protrude from the edge of the tower more than twenty feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater.

iv.

Addition of an appurtenance to an existing support structure that would protrude from the edge of the structure by more than six feet.

v.

Installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets.

vi.

Installation of any new equipment cabinets on the ground if no preexisting ground cabinets are associated with the existing support structure or the existing tower.

vii.

Installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with an existing support structure or an existing tower.

viii.

Excavation, construction, or deployment of wireless telecommunication towers or equipment outside the current site.

ix.

Removal or reduction of any element of the existing support structure designed or intended to camouflage or conceal the tower or equipment.

x.

Noncompliance with conditions associated with the siting approval of the construction or modification of the tower or the existing support structure unless the change does not exceed the thresholds identified in this subsection.

6.

General Design Requirements for New and Modified Towers.

a.

Antennas Mounted To Existing Towers Or Existing Support Structures. An antenna may be mounted to an existing tower or support structure. However, if the installation of the equipment results in a "substantial change," as outlined in this section, it shall be considered a new tower and shall be subject to the review process for a new tower as outlined below.

b.

Maximum Height.

i.

AG and GI districts: Three hundred feet.

ii.

RR, R-1, R-2, R-3, RM, and NC districts: One hundred feet.

iii.

PI, CC, GC, BP, and LI districts: Two hundred feet.

iv.

DC district: See the historic district standards in Section 17.05.200 Historic Overlay District.

c.

Setback Requirements. The setback and fall shall be measured between the base of the tower located nearest the property line and the actual property line. All Telecommunication towers shall be set back the greater distance of:

i.

The setback requirements of the underlying district.

ii.

Two hundred feet from any residential district or use.

iii.

Twenty-five percent of the height of the tower.

iv.

The distance specified as a potential hazard area by the designer of the structure.

v.

Guy wire anchors and accessory structures shall not encroach into the required setbacks for principal structures in the underlying district.

d.

Fall Zone.

i.

In any zoning district, the minimum fall zone distance from the base of the tower to the nearest point of the nearest habitable building shall be one and one-half times the height of the tower.

ii.

A lesser setback or fall zone distance may be permitted if a registered engineer licensed by the state specifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances, but in no case shall the setback or fall zone be less than one-half the height of the tower.

e.

Colors. Towers shall be designed to blend into the surrounding environment to the maximum extent possible through the use of color, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration (FAA).

f.

Tower Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower or if required by the zoning administrator for security or safety reasons. This provision shall not preclude the placement of an antenna on an existing or proposed lighting standard.

g.

Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. Upon completion of tower site construction, a placard containing the name, address, and telephone number of the principal owner or operator of the tower structure is required. This placard shall be affixed in a location so that it is clearly visible at the perimeter of the site. Said placard shall not exceed four square feet in area. The pertinent ownership information on the placard shall be kept current and updated as needed. No additional signage shall be allowed other than those required by the FCC.

h.

Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. Acceptance of design from a registered engineer licensed by the state shall be left to the discretion of the zoning administrator.

i.

Collocation on New Towers. New towers shall be designed to support at least three wireless telecommunications providers, including the initial provider (three total).

j.

Screening. Screening. A fence or screen at least eight feet in height must surround the base of a telecommunication tower. Barbed wire or other security measures shall be allowed only as specifically approved.

7.

Application Review for Applications Identified as Eligible Facilities Requests.

a.

Application for Eligible Facilities Requests. For those applications identified by the applicant and determined by the city to be an eligible facilities request, the application shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.

b.

Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this section, the city shall review such application to determine whether the application so qualifies.

c.

Timeframe for Review. Within sixty days of the date on which an applicant submits an application seeking approval under this section, the city shall approve the application unless it determines that the application is not covered by this section.

d.

Tolling of the Timeframe for Review. The sixty day review period begins to run when the application is filed and may be tolled only by mutual agreement by the city and the applicant or in cases where the city determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.

i.

To toll the timeframe for incompleteness, the city must provide written notice to the applicant within thirty days of receipt of the application, specifically delineating all missing documents or information required in the application.

ii.

The timeframe for review begins running again when the applicant makes a supplemental submission in response to the city's notice of incompleteness.

iii.

Following a supplemental submission, the city will notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

8.

Interaction with Section 332(c)(7) of the United States Federal Code. If the city determines that the applicant's request is not an eligible facilities request, the city shall notify the applicant in writing and the basis of its determination. The timeframes under subsections this section will begin to run from the issuance of the city's decision that the application is not an eligible facilities request. To the extent such information is necessary, the city may request additional information from the applicant to evaluate the application under this section, pursuant to the limitations applicable to said sections.

9.

Failure to Act. If the city fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

10.

Application Review for New Tower Construction.

a.

Application. For those applications identified by the applicant and determined by the city to construct a new tower, the applicant shall submit the necessary copies and attachments of the application to the zoning administrator and comply with applicable local ordinances concerning land use and the appropriate permitting processes.

b.

Additional Information for Residential Districts. The city may request propagation maps solely to identify the location of the coverage or capacity gaps or the need for applications for new towers in an area zoned residential.

c.

Explanation for Proposed Location. The city may require an applicant to explain the reason for choosing the proposed location for the construction of a new tower and the reason the applicant did not choose collocation. The explanation shall include a sworn statement from an individual who has responsibility over the placement of the tower attesting that collocation within the area determined by the applicant to meet the applicant's radio frequency engineering requirements for the placement of a site would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to the applicant.

11.

Timeframe for Review. Within one-hundred fifty days of the date on which an applicant submits an application seeking approval to construct a new tower, the city shall approve or deny the application unless another date is specified in a written agreement between the city and the applicant.

12.

Tolling of the Timeframe for Review. The one-hundred fifty day review period begins to run when the application is filed and may be tolled only by mutual agreement by the city and the applicant or in cases where the board of adjustment determines that the application is incomplete. The board of adjustment shall review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this chapter. The timeframe for review is not tolled by a moratorium on the review of applications.

a.

To toll the timeframe for incompleteness, the city must provide written notice to the applicant within thirty days of receipt of the application, specifically delineating all missing documents or information required in the application and the city's timeframe to review is tolled beginning the date the notice is sent.

b.

The city's timeframe of one hundred fifty days for review begins running again when the applicant makes a supplemental submission in response to the city's notice of incompleteness.

c.

The city's 150-day timeframe for review does not toll if the city requests information regarding any of the considerations the city may not consider as described in this section.

d.

Following a supplemental submission, the city will notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

e.

The city shall make its final decision to approve or disapprove the application in writing within the timeframe.

13.

Failure to Act. If the city fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted.

14.

Application Review for Applications Identified for the Initial Placement or Installation of Transmission Equipment on Wireless Support Structures. Modification of an existing tower or existing base station that constitutes a substantial change, or other requests for construction or placement of transmission equipment that do not constitute eligible facilities requests.

a.

Application. For those applications identified by the applicant and determined by the city to be for the initial placement or installation of transmission equipment on wireless support structures, modification of an existing tower or existing base station that constitutes a substantial change, or other requests for construction or placement of transmission equipment that do not constitute an eligible facilities request, the applicant shall submit the necessary copies and attachments of the application to the community development department and comply with applicable local ordinances concerning land use or regulations concerning land use and zoning and the appropriate local permitting processes.

b.

Timeframe for Review. Within ninety days of the date on which an applicant submits an application seeking approval to construct a new tower, the city shall approve or deny the application unless another date is specified in a written agreement between the city and the applicant. The board of adjustment shall review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with Iowa Code Chapter 8C.

c.

Tolling of the Timeframe for Review. The ninety day review period begins to run when the application is filed and may be tolled only by mutual agreement by the city and the applicant or in cases where the zoning administrator determines that the application is incomplete. The zoning administrator shall review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this section. The timeframe for review is not tolled by a moratorium on the review of applications.

i.

To toll the timeframe for incompleteness, the city must provide written notice to the applicant within thirty days of receipt of the application, specifically delineating all missing documents or information required in the application and the city's timeframe to review is tolled beginning the date the notice is sent.

ii.

The city's timeframe of ninety days for review begins running again when the applicant makes a supplemental submission in response to city's notice of incompleteness.

iii.

The city's ninety day timeframe for review does not toll if the city requests information regarding any of the considerations the city may not consider as described in this section.

iv.

Following a supplemental submission, the city will notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

v.

The city shall make its final decision to approve or disapprove the application in writing within the timeframe.

d.

Failure to Act. If the city fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted.

15.

Small Wireless Facilities. Privately owned small wireless facilities on city-owned and non-city-owned poles in the public right-of-way, and city structures shall comply with all applicable state and federal laws, Iowa Code 8C, and this zoning ordinance, to maintain the aesthetics within the city while allowing for an increase in the availability and quality of wireless service. These general procedures and standards are established for the siting, construction, installation, collocation, modification, relocation, operation, and removal of small wireless facilities within the public right-of-way.

a.

New Poles or Wireless Support Structures. Operators may propose a new wireless support structure if existing utility poles are unavailable for collocation. New wireless support structures over twenty feet in height shall match the design of the city's existing signal mast arms. New wireless support structures that will be twenty feet or less in height shall match the city's existing streetlights.

b.

Residential Areas. In residential areas, new wireless support structures shall be located to avoid obstructing the view of building facades by placing the wireless support structure at a corner, intersection, or along a lot line.

c.

The number of new utility poles or wireless support structures may be reasonably limited, consistent with the protection of public health, safety, and welfare, provided that such limitation does not have the effect of prohibiting or significantly impairing a wireless service provider's ability to provide wireless service within the area of a proposed new structure.

d.

Permit. A permit may be required to work in the public right-of-way according to the Oskaloosa Municipal Code and Iowa Code 8C.7A.

e.

Mounting. The small wireless facilities shall either be mounted internally to the pole or top-mounted and concealed within a radome that also conceals the cable connections, antenna mount, and other hardware.

f.

Wireless Facility Shroud Requirements. A screening shroud shall be provided on the underside of the small wireless facilities, mounted external to the pole, to conceal cable connections from public view. The shroud shall be firmly attached and sealed to prevent birds from entering and nesting.

g.

Finish Requirements. The equipment shroud must be non-reflective and painted or color impregnated to match the color of the existing pole as closely as possible, including decorative elements.

h.

The electrical meter shall not be installed on the pole. Any necessary meter or other accessory cabinet shall be installed in the right-of-way, away from the street, at a location approved by the city, and said cabinet shall meet all location and landscaping requirements of this zoning ordinance.

i.

Lighting. Unless otherwise required for compliance with FAA or FCC regulations, the facility shall not include any permanently installed lights. The city may require the applicant to install functional streetlights when technically feasible, and the city determines that such additions will enhance the overall appearance and usefulness of the proposed facility.

j.

Code Compliance. All small wireless facilities shall comply with Iowa electrical safety code, the national electrical safety code, applicable fire safety codes, and the city building code.

k.

Wireless Facility and Utility Pole Height. The maximum height from the finished ground surface to the top of a new monopole structure for a wireless facility or a wireless facility mounted on a utility pole shall be the greater of ten feet greater than the height of the existing pole, forty feet, or the height regulations in the applicable zoning district.

l.

Cabling. All cabling shall primarily be internal to the pole. Any exposed cabling external to the pole shall be minimized.

m.

Underground Requirements. The city may deny requests to install structures and facilities in the right of way or on city property in an area where the city has required all structures and facilities except those owned by the city to be placed underground or elsewhere in the right of way or a utility easement. These areas are easily identifiable as those locations where electric has been placed underground; however, if an applicant is uncertain as to whether such facilities have been placed underground in the area, the applicant should contact the city for clarification before applying for or installing any wireless support structures and/or small wireless facilities in the area. The applicant may request a waiver if the operator is unable to achieve its service objective using a location in the right of way or on city property where the prohibition does not apply, in a utility easement the operator has the right to access, or in or on other suitable locations or structures made available by the city at reasonable lease rates, fees, and terms.

n.

Historic Areas. Small wireless facilities shall not be located in any area designated as an area of historical significance or on designated local historic landmarks.

o.

Approval. The zoning administrator shall approve or deny a request for small wireless facilities within ninety days from the request. A permit application for a small wireless facility shall follow the standards listed in Iowa Code 8C.7A. A written decision shall be provided to the applicant, and if denied, the ordinance provisions or standards on which the denial is based.

p.

Fees. Application fees for permits to site small cell facilities shall conform to the requirements of Iowa Code 8C.7A. The city, however, reserves the right to conduct cost studies and to adjust such fees, from time to time, to the extent permitted by applicable state and federal laws and regulations.

q.

Exceptions. The city recognizes that strict compliance with these guidelines may result in undesirable aesthetic outcomes in some circumstances and that minor deviations should be granted when the need for such deviation arises from circumstances outside the applicant's control.

r.

Violation and Removal. Small wireless facilities alleged in violation shall follow the standards and procedures in Iowa Code 8C.7B.

H.

Wind Energy Systems (WES), Small and Commercial. Where regulations and requirements of this subsection conflict with those of the FAA or FCC, the Federal requirements shall take precedence.

1.

Setbacks.

a.

The distance from all lot lines or any building or power line to any tower support base of any WES shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of a referral to the city council for approval if the city council, after recommendation by the PZ commission, finds that the reduction is consistent with public health, safety, and welfare.

b.

The property line of an adjacent property may be exempt from the setback requirement if the owner is participating in the WES project.

2.

Separation.

a.

The distance between the tower support bases of any two WES shall be the minimum of five rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a referred approval if the city council, after recommendation by the PZ commission, finds that the reduction does not impede the operation of either WES.

b.

Any tower or rotor shall maintain a distance of at least one hundred horizontal feet from any structure, power line, or antenna located on another property.

c.

Any WES operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.

3.

Height.

a.

Small WES. The height of the WES may exceed the height restrictions of the base district by up to fifty percent. The bottom tip of any rotor must be at least ten feet above any area accessible to pedestrians.

b.

Commercial WES. No height restriction, subject to setback and separation requirements in this subsection.

4.

Design.

a.

The exterior of any WES shall not be reflective.

b.

No illumination of any WES shall be allowed unless required by the FAA.

c.

All wires between any WES and substations shall be underground.

d.

The shadow flicker from a Commercial WES may not exceed thirty hours per year on a residential property.

e.

A fence six feet high with a locking gate shall be placed around any commercial WES tower base, or the tower climbing apparatus shall begin no lower than twelve feet above the ground.

f.

A map shall be submitted with the application for a commercial WES that shows the topography, existing residential structures, and land zoned for residential use within a one thousand foot radius of the commercial WES.

5.

Upon abandonment or discontinuation of use, the carrier shall physically remove the WES and associated facilities within ninety days from the date of abandonment or discontinuation of use and restore the location to its natural condition, except that any landscaping and grading shall remain in the after-condition.

6.

In addition to the conditional use permit criteria and those in this subsection, the board of adjustment shall consider the following:

a.

Whether the use is proposed in a potential city growth area as identified in the comprehensive plan.

b.

That the WES shall not negatively affect or dominate the aesthetics of a registered historic district, property, or a designated state scenic by-way.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Supplementary Standards—Accessory Uses, All Use Types. Use types may include the following accessory uses, activities, and structures on the same lot, subject to the supplemental standards below:

1.

All Accessory Uses.

a.

No accessory building shall damage adjacent property by obstructing views, inhibiting solar access, or hindering ventilation.

b.

Any accessory use that creates a potential fire hazard shall be located at least ten feet from any residential structure. Such uses include but are not limited to detached fireplaces, barbecue ovens, or storage of flammable materials.

c.

No accessory building shall be built upon any lot until the construction of the principal building has begun.

2.

Accessory Dwelling Unit (ADU). Subject to the standards below, along with applicable district requirements for accessory uses.

a.

ADUs are permitted by right in all districts that allow residential uses.

b.

ADUs may only be built on the same lot as the principal structure and in a rear or side yard.

c.

An ADU may be attached to the principal dwelling unit but must be clearly subordinate to the principal structure.

d.

One ADU is permitted per lot, which is no greater than eight hundred gross square feet.

e.

Home occupations may be permitted in an ADU.

f.

One parking space is required for each ADU, which can be an on-street parking space where permitted as outlined in Chapter 17.07 Parking, Loading, and Site Access Standards.

g.

The ADU must share the same vehicular access point to the public or private street as the principal dwelling.

h.

Mobile homes, recreational vehicles, travel trailers, and other wheeled or transportable structures shall not be used as an ADU.

3.

Animal Raising, Personal. Subject to the standards below and applicable nuisance standards in Chapter 8.08 of the Municipal Code.

a.

Horses or other equine and/or hoofed animals.

i.

In the AG district. Permitted with no restrictions.

ii.

In the RR district. Any lot of two acres and over may keep one horse or other equine and/or hoofed animal and its immature offspring. Such a lot may have one additional animal for each additional one acre of lot area. No stable shall be located closer than fifty feet to any dwelling unit on the site or property line.

iii.

All other districts. Not permitted as an accessory use.

b.

Small animals and fowl.

i.

In the AG district. Permitted with no restrictions.

ii.

In R districts. Any building housing such animals shall be at least twenty-five feet from any property line. Such enclosures shall be sufficient size to house the number of animals or fowl permitted by state or federal standards. The raising of fowl shall be limited to a maximum of one bird per two thousand square feet of lot area and any such activity must be located entirely within a rear yard. Regarding chicken keeping, only female chickens (hens) are allowed.

iii.

All other districts. Not permitted as an accessory use.

c.

Apiaries.

i.

Hives. Honeybees are permitted on all lots subject to the following restrictions. All bee colonies shall be kept in hives with removable combs, which shall be kept in sound and usable condition.

ii.

Setbacks. All hives shall be located at least five feet from any property line, ten feet from a public sidewalk, twenty-five feet from a principal building on an abutting lot, and two-hundred feet from the property lines of schools and all types of child care facilities.

iii.

Fencing of Flyways. In each instance in which any colony is situated within twenty-five feet of a property line of the tract upon which the apiary is situated or within twenty-five feet of an area of the property used for public recreation or assembly as measured from the nearest point on the hive to the property line or recreation/assembly area, the beekeeper shall establish and maintain a flyway barrier at least six feet in height, consisting of a solid wall or fence parallel to the property line or recreation/assembly area and extending ten feet beyond the colony in each direction, so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

iv.

Water. Each property owner or beekeeper shall ensure that a convenient water source is always available to the bees so that the bees will not congregate at water sources where they may cause human, bird, or domestic pet contact. The water shall be maintained so as not to become stagnant.

v.

Maintenance. Each property owner or beekeeper shall ensure that no bee combs or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

vi.

Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed from the city by the zoning administrator, or a designee.

vii.

Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to requeen the colony. Queens shall be selected from stock bred for gentleness and non-swarming characteristics.

viii.

Colony Densities. No more than the following number of colonies are allowed on any lot or parcel within the City, based upon the size or configuration of the parcel on which the apiary is situated: Two colonies on a lot or parcel area less than one-quarter acre; four colonies on a lot or parcel area one-quarter acre up to but not including one-half acre; six colonies on a lot or parcel area one-half acre up to but not including one acre; eight colonies on a lot or parcel area one acre or more. Regardless of lot or parcel size, where all hives are situated at least two hundred feet in any direction from all property lines of the lot on which the apiary is situated, there shall be no limit to the number of colonies.

ix.

For each two colonies that are allowed on a lot or parcel, there may be maintained upon the same lot or parcel one nucleus colony in a hive structure not exceeding one standard 10-frame hive body with no supers attached, as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an allowed colony within thirty days after the date it is acquired.

4.

Building Mounted Telecommunication Antennas. Subject to the standards of Subsection 17.03.040.H.10 Telecommunication Tower.

5.

Fireworks, Sales. The same standards for Fireworks, Sales as a principal use apply. See Subsection 17.06.110.C Fireworks, Sales.

6.

Garden Centers and Roadside Stands. A garden center is a building or premises used for the retail sale of plant materials or items useful in the growing or display of lawns, gardens, and plants. A roadside stand is a facility used on a temporary or seasonal basis for the retail sale of produce grown largely on adjacent or surrounding agricultural lands.

a.

Garden centers must conform to all site development regulations for the district.

b.

Any garden center adjacent to a residential district must maintain a twenty foot landscaped bufferyard, consistent with the standards established in Section 17.08.060 Bufferyards and Screening Provisions.

c.

A roadside stand may be located within a required front yard but no closer than forty feet to the edge of a traveled roadway.

d.

A roadside stand may operate for a maximum of one hundred eighty days in any one year.

7.

Home Occupations. Home occupations are permitted as an accessory use in residential units subject to the following conditions:

a.

External Effects.

i.

There shall be no change in the exterior appearance of the building or premises housing the home occupation other than signage permitted within this title.

ii.

No noise, odors, bright lights, electronic interference, storage, or other external effects attributable to the home occupation shall be noticeable from any adjacent property or public right-of-way.

iii.

The home occupation shall be carried on entirely within the principal residential structure and/or within a detached accessory building or dwelling unit approved by the city in accordance with this title. All "external effects" criteria of this section are applicable to the detached accessory building. Signage is not allowed upon the detached accessory building.

iv.

Mechanical or electrical equipment supporting the home occupation shall be limited to self-contained within the structure and normally used for office, domestic, or household purposes.

v.

No outdoor storage of materials or equipment used in the home occupation shall be permitted other than motor vehicles used by the owner to conduct the occupation. Parking or storing heavy commercial vehicles to conduct the home occupation is prohibited.

vi.

No home occupation shall discharge into any sewer, drainageway, or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.

b.

Employees. The home occupation shall employ no more than one full-time or part-time employee on site other than the residents of the dwelling unit, provided that one off-street parking space is made available and used by that nonresident employee.

c.

Extent of Use. For all residential and agricultural zoning districts, the lesser of twenty-five percent of the floor area of the dwelling or five hundred square feet may be devoted to the home occupation, including any detached accessory buildings used for the home occupation.

d.

Signage. Each home occupation shall be permitted to have one nonilluminated wall sign not to exceed four square feet in area.

e.

Traffic Generation and Parking.

i.

Home occupations may generate no more than ten vehicle trips per day, corresponding to the amount of traffic normally generated by a dwelling unit.

ii.

Deliveries or service by commercial vehicles or trucks rated at ten tons gross empty weight is prohibited for any home-based business located on a local street.

iii.

No more than one vehicle used in connection with any home occupation shall be parked on the property. Such parking shall not be located in a required front yard. No more than two on-street parking spaces shall be used by the home occupation at any one time.

f.

Prohibited Home Occupations. The following activities are prohibited as home occupations, even if they meet the other requirements set forth in this section:

i.

Any occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses outside the dwelling unit.

ii.

Animal hospitals.

iii.

Beauty and barber shops with over one chair, except with a conditional use permit.

iv.

General retail sales.

v.

Mortuaries.

vi.

Repair shops or service establishments, including major electrical appliance repair, vehicle repair, and related uses.

vii.

Restricted businesses.

viii.

Stables or kennels.

ix.

Welding, vehicle body repair, or rebuilding or dismantling of vehicles.

8.

Manufacturing or Fabrication of Products made for Sale in a Principal Commercial Use. Provided such manufacturing is totally contained within the structure housing the principal use.

9.

Outdoor Storage. Where provisions for outdoor storage are listed in other sections of this zoning ordinance, those section provisions apply over the provisions listed below.

a.

In the CC and PI districts where:

i.

Incidental to permitted principal uses, provided that storage is in completely enclosed buildings or in spaces screened by fencing and/or evergreen shrubbery providing at least an eighty percent screen and having a height of no less than six feet nor more than eight feet.

ii.

Occupies a maximum of twenty-five percent of the gross floor area of the principal building.

b.

In all other permitted districts where:

i.

Incidental to permitted principal uses, provided that such storage is completely screened at property lines by an opaque barrier, as set forth in Section 17.08.060 Bufferyards and Screening Provisions.

ii.

Occupies a maximum of fifty percent of the gross floor area of the principal building.

c.

These provisions apply to any established use after the effective date of this zoning ordinance.

10.

Portable Storage Units/Shipping Containers. Provided that the use is in conformance with the current permitted zoning use.

11.

Satellite Antennas.

a.

Each lot shall have no more than one satellite antenna.

b.

Antennas with a surface area over two square feet which are accessory to a primary use and are designed to receive and transmit electromagnetic signals, or to receive signals from satellites, shall not be located within any front yard of the primary use.

c.

Antennas with a surface area of over two square feet are subject to the following additional regulations:

i.

Such antennas shall be located no less than ten feet from the property line of an adjacent property line.

ii.

The maximum height shall be fifteen feet, and the maximum diameter shall be eleven feet.

iii.

Each antenna shall be screened by a six foot high wood or masonry fence or by natural plants or trees of equal minimum height.

12.

Solar Energy System (SES), Accessory. Solar energy systems and their condensers and energy storage as accessory uses provided:

a.

Setbacks and Height. Ground or structure mounted equipment are subject to the same requirements as accessory structures but may encroach into the height and setback regulations according to Section 17.05.170 Site Development Exceptions.

b.

Coverage. Measurement of ground coverage shall be based on the area of the solar receiving panel, regardless of the adjustment angle of the panel.

i.

Freestanding ground systems in a residential district shall not exceed one-half of the footprint of the principal building served or six hundred square feet, whichever is greater.

ii.

Freestanding ground systems in non-residential districts shall not exceed one-half of the footprint of the principal structure building served.

iii.

In all districts, SES shall be considered impervious and contribute to the impervious cover calculation of the district.

c.

Damaged or inoperable equipment must be removed within sixty days.

d.

Solar Access. A property owner who has installed or intends to install an SES shall be responsible for negotiation with other property owners in the vicinity for any necessary solar easement. An approval by the city for an SES does not constitute solar access rights.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The following temporary uses are permitted, subject to the regulations contained within this title:

A.

Conditions for all Temporary Uses.

1.

Each site shall be left free of debris, litter, or other evidence of the use upon its completion or removal, with trash containers and recycling containers placed near the area for exhibits, assemblies, and shows.

2.

Temporary buildings shall comply with all site development regulations of the respective zoning district.

3.

All temporary uses shall comply with access and circulation requirements of the Oskaloosa Municipal Code.

4.

All temporary uses shall comply with signage and lighting requirements of the Oskaloosa Municipal Code.

5.

The zoning administrator may establish other conditions that they deem necessary to ensure compatibility with surrounding land uses. Examples include but are not limited to:

a.

Hours of operation.

b.

Proof of general liability insurance for the event.

c.

Provision of public safety enhancements.

B.

Commercial Circuses and Festivals. Commercial circuses, carnivals, fairs, festivals, or other transient events, provided that events are located on property owned by the sponsoring nonprofit organization or are located within a DC or more intensive zoning district. Such uses shall not exceed four weeks without approval from the city.

C.

Construction Batch Plants. Provided that:

1.

No plant may be located within six hundred feet of a developed residential, park, or educational use.

2.

The facility is no more than one mile from its job site. The zoning administrator may extend this distance to two miles if such extension avoids using local streets by plant-related vehicles.

3.

Hours of operation do not exceed twelve hours per day.

4.

The duration of the plant's operation does not exceed one hundred eighty days.

D.

Construction Site Offices. Must be located on the construction site itself.

E.

Development Sales Offices. Such offices may remain in place until ninety percent of the lots or units within the development are sold.

F.

Garage Sales. Provided that the frequency of such sales at any one location shall not exceed one during a continuous, two month period or four sales during any twelve month period.

G.

Holiday Related Sales. Christmas tree or other holiday-related merchandise sales lots provided such facilities are not in a residential zoning district.

H.

Outdoor Special Sales. Provided that such sales operate no more than three days in the same week and five days in the same month.

I.

Portable Storage Units/Shipping Containers. A temporary unit or container can be approved by the zoning administrator when accessory to a project that has a valid building permit. A temporary shipping container is allowed at a site for up to one hundred eighty consecutive days for temporary storage.

J.

Sales within Temporary Structures. Provided that such sales operate no more than three days in the same week and twelve days in the same month.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

A.

Corner Visibility. In any residential district, no fence or continuous planting shall be maintained within thirty feet of any corner lot street intersection, as measured at the street centerline, which would impair the sight distance of a motor vehicle operator.

B.

Location. No fences are permitted in the public street right-of-way. Fences shall be erected and maintained to avoid limiting or obstructing water flow in natural drainage courses or drainageways created within easements.

C.

Easements. Any fence erected on a tract of land subject to an easement for the construction, maintenance, operations, or replacement of any water, sanitary or storm sewer, gas line, electric power, telephone, or other utility poles, or other cables or lines shall be designed and constructed to be readily removable to permit the use of the easement. Such fences shall be subject to removal by request whenever necessary to permit access. The removal or replacement cost shall be the fence owner's responsibility.

D.

Materials. The following materials shall be required:

1.

Fences shall only be constructed of wood, chain-link, PVC/resin, stone or masonry materials, or ornamental metals.

2.

Wood fences shall use standard building lumber only.

3.

Barbed wire fences are not permitted except for in the AG and GI districts and are defined as any fence that includes in its material barbs, blades, razors, electric current, or other features specifically designed to injure or abrade an individual or animal that attempts to negotiate the fence.

E.

Orientation. The finished side of all fences shall face outward toward any adjacent rights-of-way. All support posts and stringers shall face inward toward the property upon which the fence is located or the subdivision it screens (if located on commonly owned property).

F.

Permit. No fence shall be constructed or reconstructed without a building permit issued pursuant to Chapter 17.11 Administration and Procedures.

G.

Height.

1.

Residential Districts.

a.

No fence or continuous planting over four feet in height shall be maintained in any front yard.

b.

No fence or continuous planting over six feet in height shall be maintained in any side yard.

c.

No fence or continuous planting over six feet in height shall be maintained in a rear yard.

2.

Grade for determining the maximum height above grade for fences and walls:

a.

For a fence or wall along a street right-of-way, grade shall be the highest point of the pavement lying between the intersection of the centerline and a projection of the side lot lines.

b.

For a fence or wall between the front lot line and the front building line, grade shall be prorated between the grade at the front lot line and the grades at the building.

c.

For a fence or wall along the rear lot line or between the front building line and the rear lot line, grade shall be the grade at the building.

3.

Civic Uses in Residential Districts. The maximum height of fences installed as part of primary and secondary educational facilities, child care, and park and recreation use types, or any other use that provides secured outdoor space for the use of children within residential zoning districts shall be eight feet.

4.

Non-Residential Districts. The maximum height of a fence for any permitted use in any non-residential zoning district shall be eight feet, except that fences shall not be permitted in the front yard of commercial and civic districts.

(Ord. No. 1465, § 2(Att.), 9-11-2023)