(a)

This supplemental regulations section contains regulations concerning the use of property as well as regulations impacting site development. The supplemental use regulations 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 in order to protect public health, safety, and welfare. These regulations complement the use regulations contained in articles IV through XXVII of this chapter.

(b)

The supplemental site development regulations establish basic requirements for developable lots, including frontage requirements. They recognize the existence of special conditions that cannot comply literally with the site development regulations set out for each zoning district. Therefore, these regulations qualify or modify the district regulations of this chapter and provide for specific areas of exception.

(Code 1970, § 38-139; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Horticulture and crop production: Retail sales. Retail operation of garden centers or roadside stands associated with a primary agricultural use may be permitted in the AG district only, subject to the following requirements:

(1)

Garden centers.

a.

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.

b.

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

c.

Any garden center adjacent to a residential district must maintain a 20-foot landscaped buffer yard, consistent with the standards established in article XXIX of this chapter.

(2)

Roadside stands.

a.

A roadside stand is a facility used on a temporary or seasonal basis for the retail sale of produce grown on the subject property or immediately adjacent to the property and under common ownership.

b.

A roadside stand may be located within a required front yard, but no closer than 40 feet to the edge of a traveled roadway.

c.

A roadside stand may operate for a maximum of 180 days in any one year.

(Code 1970, § 38-140; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Single-family detached design standards. All single-family detached dwellings for which a building permit has been issued on or after the date of chapter adoption, shall comply with the following minimum design standards:

(1)

The dwelling shall have a minimum length and width of at least 20 feet.

(2)

Any foundation skirting material shall have the appearance of masonry or poured concrete typical of site-built homes.

(b)

Downtown and group residential in CBD district. Downtown and group residential uses are permitted in the CBD district only on levels above street level. A unit or units specifically designed for occupancy by disabled residents may be developed at street level, subject to approval by the board of adjustment.

(c)

Mobile home parks. Mobile home parks and mobile home residential use are permitted in the RMHP district. Such use may be configured in a mobile home park. Following the effective date of the ordinance from which this section derives, no mobile home shall be located outside of a mobile home park. A mobile home park is subject to compliance with the following regulations:

(1)

Site plan required. No person shall make alterations, construct, expand or remodel a manufactured home community or mobile home park within the city without first submitting a site plan of the proposed development as required by this chapter.

(2)

Certification.

a.

A certification of compliance with all ordinances and regulations regarding mobile home licensing, zoning, health, plumbing, electrical, building, fire protection, and any other applicable requirements shall be required of all mobile home parks.

b.

The building official is authorized to perform an annual inspection of any mobile home park to ensure compliance with these regulations.

c.

Before being located, whether permanently or for a temporary period of time allowed by a temporary permit, all mobile homes located in the city limits shall display a seal from the United States Department of Housing and Urban Development, and was constructed on or after June 15, 1976.

(3)

Mobile home park area requirements. Mobile home parks or manufactured home communities shall be designed and maintained in accordance with the following requirements:

a.

A mobile home park shall be considered to be one zoned lot. The minimum contiguous area of a mobile home park shall be five acres.

b.

The maximum gross density of a mobile home park shall be eight units per acre.

c.

Each yard abutting on a perimeter street shall be considered a front yard and shall be a minimum of 50 feet in depth.

d.

All other perimeter yards shall have a minimum depth of 50 feet when adjacent to other than a mobile home park, and 35 feet when adjacent to another mobile home park.

e.

Recreational areas shall be provided at a minimum of 250 square feet for each individual lot. This area shall be in addition to any common space provided to offset lot size reduction and shall also comply with provisions of the mobile home park ordinance as contained in this Code.

f.

Mobile home park accessory uses may include direct service facility buildings, park management buildings, maintenance buildings, community buildings, and other uses of a similar nature. Maximum building height shall be two stories.

(4)

Signage. One permanent, illuminated, non-flashing identification sign shall be permitted at any entrance to a mobile home park. Such sign shall be of ornamental metal, stone, masonry, or other permanent material and shall indicate only the name of such mobile home park. Such sign shall not exceed 18 square feet in surface area and the maximum height above street grade shall be as follows: Such sign located on the property line shall not exceed two feet in height; however, such sign may be located in a required yard and for every three feet such sign is set back from the property line, the sign may be one foot greater in height up to a maximum of six feet.

(5)

Mobile home spaces; minimum requirements.

a.

There shall be provided and maintained, a minimum distance of 25 feet between mobile homes.

b.

The individual mobile home lot shall contain no fewer than 4,000 square feet. However, such lot area may be reduced by an amount equal to an area included in common space defined as an area permanently reserved as open space, not including individual lots, parking areas, or streets, contiguous and immediately available to the lot or lots having reduced minimum areas, and by location, size, shape and landscaping obviously primarily for the utilization and enjoyment of the inhabitants of said contiguous lots.

(6)

Parking.

a.

Two off-street spaces per mobile home space.

b.

Community recreation facilities shall have one space for every 15 mobile homes.

c.

Centralized storage areas for recreation vehicles shall be provided. These requirements may be modified by the planning and zoning commission in order to provide a better design of the mobile home park.

(7)

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 60 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. Minimum interior street width shall be 27 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 100 feet. No such culs-de-sac may exceed 300 feet in length.

c.

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

d.

Street and sidewalk standards. All internal streets and sidewalks shall be hard-surfaced. Electric street lighting is required along all internal streets.

(8)

Foundation requirements. Each home shall be skirted within 30 days of its placement in the park. Skirting materials shall be compatible with the exterior finish of the mobile home.

(9)

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

(10)

Completion schedule. Construction must begin on any approved mobile home park within one year of the date of approval by the planning and zoning commission and city council. Such construction shall be completed within two years of approval, unless otherwise extended by the commission.

(d)

Residential conversions. In addition to the condition use permit requirements in section 38-998, duplex and multiple-family residential conversions are subject to the following requirements:

(1)

Dwelling unit size. All dwelling units in a multiple-family residential conversion must be at least 500 square feet and subject to the habitable space requirements of the building and housing codes.

(2)

Existing nonconforming conversions.

a.

Expansion. A nonconforming residential conversion cannot add new dwelling units in addition to what exists at the time of adopting the ordinance from which this section derives. If the number of available dwelling in a nonconforming building decreases, it cannot increase without a conditional use permit.

b.

Discontinuation or abandonment. If a nonconforming use is discontinued or abandoned for a continuous period of one year, the nonconforming use is terminated. Following termination such building shall not be used as a duplex or multifamily residential conversion without a conditional use permit and shall otherwise revert to its original use.

(e)

Housing opportunity medium-density infill. All housing opportunity medium-density development for which a building permit has been issued on or after the date of chapter adoption, shall comply with the following minimum design standards:

(1)

All development shall conform to a prototype site plan included in the housing opportunity medium-density site plan prototypes established by resolution.

(Code 1970, § 38-141; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3111-2017, § 1, 3-7-2017; Ord. No. 3171, § 3, 4-7-2020; Ord. No. 3192, § 15, 4-19-2022)

(a)

Day care centers (general). Each day care center (general) must be validly licensed by the state.

(b)

Group care facilities and group homes. Each group care facility or group home must be validly licensed by either the state or the appropriate governmental agency.

(Code 1970, § 38-142; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Auto service, repair, equipment repair, travel center, truck stop, RV storage, and body repair uses.

(1)

Where permitted in commercial districts, all repair activities, including oil drainage, lifts, and other equipment, must take place within a completely enclosed building. 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-way. Screening is subject to provisions of article XXIX of this chapter.

(2)

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

(b)

Auto washing facilities.

(1)

Auto washes, both manual and automated are permitted in a C-1 zoning district provided there is separation of at least 100 feet from any residential district. The 100-foot separation shall be measured in a straight line from the auto wash property line to the closest point of the residential district boundary.

(2)

Each conveyor operated auto washing facility shall provide on-site stacking space for five vehicles per washing lane on the approach side of the washing structure and on-site stacking space for two vehicles on the exit side.

(3)

Each self-service auto washing facility shall provide stacking space for three automobiles per bay on the approach side and one space per bay on the exit side of the building.

(c)

Automobile, RV and equipment rental and sales.

(1)

The property shall be at least 100 feet from any residential zone. Location closer than 100 feet from a residential zone shall be permitted by conditional use permit subject to the approval of the zoning board of adjustment.

(2)

All outdoor display areas for rental and sales facilities shall be paved.

(3)

Rental and sales facilities shall provide a minimum of 200 square feet of display area, excluding maneuvering space, per vehicle. Requests for certificates of zoning compliance shall be accompanied by a map of the proposed vehicle display area.

(4)

Body repair services are permitted as an accessory use to automobile rental and sales facilities provided that such repair services shall not exceed 25 percent of the gross floor area of the building.

(5)

Where permitted in commercial districts, all repair activities, including oil drainage, lifts, and other equipment, must take place within a completely enclosed building. 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-way. Screening is subject to provisions of article XXIX of this chapter.

(6)

Storage of inoperable vehicles or vehicles other than dealer inventory in the approved display area is prohibited.

(7)

Outdoor storage of discarded or replacement vehicle parts and accessories must be completely screened so as not to be visible from adjacent properties or public rights-of-way. Screening is subject to provisions of article XXIX of this chapter.

(d)

Banquet halls.

(1)

Alcohol sales must be in accordance with this Code and the state of Iowa Code.

(2)

When permitted in residential districts signage shall be limited to that permitted for home occupations as specified in article XXXI of this chapter.

(e)

Bed and breakfasts.

(1)

When permitted in residential districts, bed and breakfasts shall include a maximum of four guest units and the residence of the facility owner.

(2)

Bed and breakfasts permitted in the C-4 downtown mixed-use district must provide any sleeping facility only on levels above street level except that units specifically designed and reserved for occupancy by handicapped people may be located on the street level.

(3)

Bed and breakfasts shall meet the off-street parking requirements as specified in article XXX of this chapter. Tandem parking is allowed; however, not more than two cars per tandem space shall be allowed.

(4)

Signage shall be limited to that permitted for home occupations as specified in article XXXI of this chapter.

(5)

Additional uses of the premises, such as "tearoom," "coffee house," "banquet hall," or "conference center" require application for conditional use permit in any zone and must comply with all other applicable requirements of this Code and secure all applicable permits.

(f)

Campgrounds.

(1)

Minimum size. Each campground established after the effective date of the ordinance from which this article is derived shall have a minimum size of one acre.

(2)

Setbacks. All campgrounds shall maintain a 50-foot front yard setback and a 25-foot buffer yard from all other property lines.

(3)

Each campground must maintain water supply, sewage disposal, and water and toilet facilities in compliance with all city ordinances; or, alternately, be limited to use by self-contained campers, providing their own on-board water and disposal systems.

(g)

Convenience/mini-storage. When permitted outside of the I-1 district, convenience storage facilities 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)

All driveways within the facility shall provide a paved surface with a minimum width of 25 feet.

(3)

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

(4)

No storage buildings may open into required front yards.

(h)

Drive-through establishments.

(1)

In a C-1 district, drive-in or drive-through eating/drinking establishments are permitted, provided the principal building is at least 100 feet from any residential district.

(2)

An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. Drive-through restaurants shall provide a minimum of four vehicle stacking spaces. A minimum of three stacking spaces shall be provided for banking, pharmacies, and similar nonfood related drive-through facilities. Stacking spaces shall be defined as being 20 feet in length and the width of a one lane, one-way drive.

(i)

Kennels.

(1)

Kennels and boarding facilities. Any and all such facilities must be enclosed in soundproof structures.

(2)

An animal hospital, veterinary clinic, or kennel, providing an exercising runway shall be a least 200 feet from any residential district.

(3)

Kennels shall not be permitted as a home occupation.

(4)

The minimum lot size shall be one acre.

(j)

Tearooms.

(1)

No drive-through restaurants or similar uses distributing food or beverages by means of a drive-up window shall be permitted while outdoor dining shall be permitted as an accessory use in accordance to this Code.

(2)

When permitted in residential districts signage shall be limited to that permitted for home occupations as specified in article XXXI of this chapter.

(k)

Veterinary medicine. Each facility must be validly licensed by either the state or the appropriate governmental agency.

(Code 1970, § 38-143; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3167, § 3, 12-3-2019; Ord. No. 3206, § 2, 8-16-2022)

(a)

The zoning board of adjustment in accordance with section 38-998, may issue a conditional use permit for an adult entertainment business so long as the requirements of subsection (b) of this section are met, and only if the location of said use is no closer than 1,000 feet to any other such establishment, and no closer than 1,000 feet from any church, school, public recreational place, or any residential district.

(b)

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)

No adult entertainment business shall be open for business between the hours of 2:00 a.m. and 6:00 a.m.

(2)

A new adult entertainment business shall not be allowed within 1,000 feet of an existing adult entertainment business.

(3)

A new adult entertainment business shall not be located within 1,000 feet of any residentially zoned district or 1,000 feet of a preexisting school, public park, or place of worship.

(4)

Measurement of distances. For the purpose of this section, 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, church, public park, or areas zoned for residential use which is closest to the said main entrance of such adult entertainment business.

(5)

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 is prohibited by this Code or any laws of the state or the United States.

(6)

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

(7)

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 18 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.

(8)

Nuisance operation. Any adult entertainment business operated, conducted, or maintained contrary to the provisions of this section shall be and the same is declared to be unlawful and a public nuisance, and the city's attorney may, in addition to or in lieu of prosecuting a criminal action under this section, 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 section.

(Code 1970, § 38-144; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Salvage yards.

(1)

Screening.

a.

Definition of screen (as it applies to salvage yards) shall mean opaque fences or walls, at least eight feet in height, and shall be designed and of sufficient height to completely screen from view the salvage operation from abutting and adjacent properties and public rights-of-way. The only exceptions to the screening requirements are salvage yards licensed prior to December 1, 2001, and where topographical characteristics of the property prevent complete screening.

b.

Definition of topographic characteristics (as they apply to salvage yards) shall mean low-lying properties or properties abutting or adjacent to hilly properties or where the public right-of-way is located higher than the salvage yard.

c.

Requirements.

1.

Due to the nature and character of its operation, a salvage yard can impact surrounding properties through noise, dust and traffic; therefore, the requirement for screening is intended to minimize such operational characteristics. All outdoor storage of salvage and wrecking operations shall be screened and conducted entirely within an enclosed opaque screen, excepting driveway areas, at least eight feet in height.

2.

Screens may be a fence or wall and shall be designed and of sufficient height to completely screen from view the salvage operation from abutting and adjacent properties and public rights-of-way. Walls shall be constructed of natural stone, brick or other weatherproof materials arranged in a linear or serpentine alignment. Fences shall be constructed of wood or other weatherproof, durable materials generally used in the exterior construction of buildings and approved by the building inspector. All screens shall be maintained in a sound, safe condition at all times. Damaged, dilapidated, or rusted materials shall not be suitable. Maintenance shall include keeping painted screens free of chipping and peeling paint.

3.

Salvage yard materials shall not be stacked or placed so as to be visible above the screen.

(2)

Site plan required.

a.

All salvage yards, licensed initially after December 1, 2001, shall be approved for licensing, contingent upon the ability of the applicant to reasonably demonstrate to the city's administrator or his designee that the salvage yard will not create a nuisance in terms of a condition detrimental to the public health and safety or reasonable use, enjoyment, and value of other properties.

b.

To achieve this, the city will require a site development plan be submitted for review and approval by the city's administrator or his designee. No new license shall be issued, after the effective date of this provision, unless all provisions of this section are complied with.

(3)

Location.

a.

In an I-1 zoning district, it shall be unlawful for any salvage dealer to keep, maintain, operate, or use any building, lot, or other place for the storing or depositing of any scrap or salvage material anywhere within 300 feet of any building used for business or residential purposes, or within any zone wherein the operation of a salvage yard is prohibited by this chapter.

b.

If the salvage yard is located in an I-2 zoning district, then the restriction shall be within 300 feet of any building used for retail sales business or a residential purpose.

c.

This section shall not apply to any salvage yard in operation on June 23, 1958, provided that any salvage dealer now operating a salvage yard located in any territory, which is prohibited by this section, shall not expand or increase the territorial boundaries of said salvage yard.

d.

Unscreened area. It shall be unlawful for any salvage dealer to permit any salvage material, used, or wrecked vehicle or scrap to remain for a period longer than one hour upon any part of the public street in front of or adjacent to the place of business of such salvage dealer or upon any private property not screened as prescribed by this section. For the purposes of this section, the term "street" shall include the driveway, parking, and sidewalk of any street, and shall include the entire width of the street from property line to property line and shall include avenues, alley, and all public thoroughfares and grounds.

e.

Location waiver conditions. If the salvage yard is located in an I-2 zoning district and the entire salvage operation is totally contained within a building or buildings, with no outside storage whatsoever, then the city council can waive the 300-foot location requirement. The 300-foot location requirement shall be measured from the business building or residential structure to the nearest point of the salvage yard screen.

(4)

Enforcement and appeal.

a.

The provisions of this section shall be enforced by the city's administrator or his designee. Failure to comply with the rules as outlined in this section shall be cause for a notice to be issued outlining what corrective action must occur in order to remedy the noncompliance. If corrective action is not forthcoming, the subsequent recommendation to the city council may be to revoke the license.

b.

If the salvage dealer wants to appeal the city administrator's or his designee's decision, a hearing before the city council may be requested. A request for a hearing shall be made in writing and filed with the city clerk within ten days from the date of the notification of the license revocation recommendation. The city's administrator or his designee shall, within 15 days after the filing of the request for hearing, fix the time and place of the hearing, which shall be within 30 days of the filing of the request.

(b)

Performance standards in industrial districts. The following performance standards apply to all industrial uses permitted within an industrial zoning district:

(1)

Impact. Noxious industrial uses which adversely affect the environment of the community or which exhibit an unusual degree of hazard are not permitted in the I-1 light industrial district.

(2)

Storage of chemical products. If permitted or allowed by conditional use permit, any above or below ground storage of liquid petroleum products or chemicals of a flammable or noxious nature shall comply with requirements of the Iowa State Fire Marshal, all other local, state, or national regulations and shall be approved by the city's fire department.

(3)

Physical appearance. 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 that such containers are not visible from the street.

(4)

Maximum permitted sound levels adjacent to residential zoning districts. No operation in the I-1 district shall generate sound levels in excess of 65 dbA between the hours of 7:00 a.m. and 10:00 p.m., and 55 dbA between the hours of 10:00 p.m. and 7:00 a.m., measured at the boundary of a residential district. All noises shall be muffled so as not to be objectionable because of intermittence, beat frequency, or shrillness.

(Code 1970, § 38-145; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Telecommunications towers. In any district where radio, television, microwave, cellular, or other communication towers are allowed as a permitted or conditional permit use, such towers are subject to the following additional requirements.

(1)

Tower siting.

a.

It is the policy of the city to encourage colocation of new communications towers with existing towers or as part of suitable existing structures. All applications for approval of a communications tower location shall include evidence that all potential alternatives for location on existing towers have been explored and exhausted. Applicants may not be denied space on an existing tower within the city and its jurisdiction unless mechanical, structural, regulatory factors, or legitimate business expansion plans prohibit colocation.

b.

The applicant for a communications tower location is required to demonstrate as part of its application that the tower must be located on the proposed site in order to satisfy its function in the company's system. The applicant must also demonstrate that the proposed height is the minimum height necessary for the successful functioning of the tower.

(2)

Tower setbacks, design, and height.

a.

Freestanding towers shall be located so that the distance from the base of the tower to any adjoining property line or the supporting structure of a separate neighboring tower is a minimum of 100 percent of the tower height. The planning and zoning commission may recommend and the city council approve a reduction to the setback with a conditional use permit if they determine that such reduction does not constitute a hazard to safety or property on adjacent properties or rights-of-way.

b.

The tower installation shall be designed to be aesthetically and architecturally compatible with the built environment of the city. The city encourages efforts to hide towers or restrict their visibility from public right-of-way or neighboring properties. Associated support buildings shall be designed with materials that are consistent with those in the surrounding neighborhood. Metal exteriors shall generally not be permitted for accessory support buildings.

c.

All tower installations shall maintain landscaped peripheral yards with a minimum depth of 35 feet from surrounding property lines. A landscaping plan to soften the appearance of the tower base shall be required and it shall include such features as grass or other groundcover, shrubs, and trees. If landscaping is not feasible, the zoning board of adjustment may modify or waive this provision.

d.

As part of the conditional use permit approval process, the board of adjustment may permit the tower to exceed the height restrictions otherwise allowable in the district.

e.

Lights, signals, and signs. No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required at the time of construction of the tower in cases where there are residential users located within a distance which is 300 percent of the height of the tower from the tower, then dual mode lighting shall be requested from the FAA. Lighting on towers shall not exceed the minimum requirements of the FAA or other regulatory agencies.

f.

Adequate security measures are required at the base of the tower to prevent vandalism or hazards resulting from casual access to the facility.

(3)

City site selection criteria in evaluating applications for communications towers.

a.

Consistent with the policy of this chapter, the telecommunications company proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system. Further, the company must demonstrate by technological evidence that the height requested is the minimum height necessary.

b.

Applications for necessary permits will only be processed when the applicant demonstrates that it is either an FCC licensed telecommunications provider or has in place necessary agreements with an FCC licensed telecommunications provider for use or lease of the support structure.

c.

Personal wireless service facilities should be located and designed to minimize any impacts on residential property values. Sites should be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

d.

Location and design of sites in all districts should consider the impact of the site on the surrounding neighborhood and the visual impact within the zoning district. In residential districts and residential land use areas, the minimum lot size for towers shall be three acres.

(4)

Priorities for siting. The following establishes the order of priorities for locating new communications facilities:

a.

Public property, (excluding prairie, conservation or wildlife areas, or historic structures).

b.

Appropriate existing structures, such as buildings, towers, water towers, and smokestacks in other zoned districts.

c.

AG, I-1, or I-2 districts that do not adjoin or adversely impact residential neighborhoods.

d.

Private non-residential property in C-2 districts.

e.

Private, non-residential properties in C-1 districts.

f.

Place antennas and towers on multifamily residential structures exceeding 30 feet in height in districts zoned R-3 and R-4.

g.

Residential districts only if locations for which a need has been demonstrated are not available on existing structures or in non-residential districts, and only on or in existing churches, parks, schools, utility facilities, or other appropriate public facilities.

h.

An applicant for a new antenna support structure to be located in a residential zoning district shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government structure, a private institutional structure, or other appropriate existing structures within a non-residential zoning district, and that due to valid considerations including physical constraints, or technological feasibility, no appropriate location is available. The telecommunications company is required to demonstrate that it contacted the owners of structures in excess of 30 feet within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. The information submitted by the applicant shall include a map of the area to be served by the tower, its relationship to other antenna sites in the applicant's network, and an evaluation of existing buildings taller than 30 feet, towers, and water tanks within one-quarter mile of the proposed tower.

(b)

Landfills.

(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. All must employ an engineering method of disposal of solid waste, rope, rags, paper, trash, and non-ferrous material, in a way which minimizes environmental hazards by spreading, compacting to the smallest volume, and by applying cover material over all exposed waste at the end of each operating day.

(c)

Wind energy conservation systems (WECS).

(1)

The distance from all lot lines or any building or power line to any tower support base of a WECS 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 conditional use permit approval if the zoning board of adjustment, after recommendation by the planning and zoning commission, finds that the reduction is consistent with public health, safety, and welfare.

(2)

The distance between the tower support bases of any two WECS 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 conditional use permit approval if the city council, after recommendation by the planning and zoning commission, finds that the reduction does not impede the operation of either WECS.

(3)

Any tower or rotor shall maintain a distance of at least 100 horizontal feet from any structure, power line, or antenna located on another property.

(4)

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

(5)

A fence eight feet high with a locking gate shall be placed around any WECS tower base, or the tower climbing apparatus shall begin no lower than 12 feet above ground.

(6)

The height of the WECS may exceed the height restrictions of the base district by up to 50 percent. The bottom tip of any rotor must be at least ten feet above any area accessible to pedestrians.

(Code 1970, § 38-146; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Permitted accessory uses. Residential uses may include the following accessory uses, activities and structures on the same lot:

(1)

Private garages and parking for the residency use.

(2)

Tool houses/sheds.

(3)

Accessory dwelling units in single-family homes.

(4)

Swimming pools, tennis courts or similar structures.

(5)

Home occupations, subject to the provisions of this chapter.

(6)

Leasing of rooms within the dwelling unit to two or fewer persons who are not members of the family therein residing.

(7)

Off-street parking subject to the provisions of this chapter.

(8)

Farm accessory buildings and structures.

(9)

Yard and garage sales. Yard and garage sales, flea markets, and other sales for more than five consecutive days or more than two times a calendar year are not permitted. All such sales must be operated so as not to create a nuisance from scattered and/or windblown items.

(10)

Noncommercial convenience services. For the primary use of residents in multifamily uses or mobile home parks, including laundromats, clubhouses and post offices.

(b)

Accessory buildings, structures and garages.

(1)

Time of construction. No accessory building, accessory structure, or garage shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(2)

Definition and allowable use. An accessory building is a building constructed for use as an accessory building for the storage of materials and equipment accessory to a primary use located on a property. For the purposes of this chapter, cargo containers, transport containers, industrial application mechanical housing or storage units, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles and other prefabricated items or modified structures originally manufactured for purposes other than the residential storage of goods and materials shall not be used as accessory buildings, structures, or garages within any residential district or on any property the primary use of which is residential.

(3)

Percentage of required rear yard area occupied. Except for accessory dwelling units, no detached, accessory structure, accessory building, or buildings shall occupy more than 35 percent of the rear yard area. This area shall include the area measured the full width of the lot, lying between the rear lot line and the closest portion of the main building.

(4)

Maximum size of accessory buildings. The maximum size of the aggregate of all detached structures for single-family detached, single-family attached, or duplex residential uses shall not exceed 1,200 square feet. A detached garage, along with all other accessory buildings, must not exceed a maximum of 35 percent rear yard area coverage limitation. If compliant with the maximum rear yard coverage limitation, detached accessory buildings may exceed the maximum aggregate allowance limitation, subject to approval of a conditional use permit through the zoning board of adjustment.

(5)

Height of accessory buildings in required rear yards. No detached accessory building or accessory structure located in a required rear yard area shall exceed 18 feet in height.

(6)

Location. No detached accessory building shall be located closer to the road than the front of the main building, unless approved by a conditional use permit. On corner lots, no detached accessory building shall be located closer to the road than the front and side of the main building, unless approved by a conditional use permit.

(c)

Accessory dwelling units. Accessory dwelling units (ADUs) are permitted in single-family homes where the property is in compliance with the permitted use and bulk regulation requirements of this chapter, subject to the following additional requirements.

(1)

The review and approval of an ADU application is by staff administrative process. The proposed ADU must meet all the requirements of the city building code and all other applicable city requirements.

(2)

The size of the lot on which an ADU is proposed must equal at least the minimum lot size for the single-family home in the relevant zoning district.

(3)

Only one ADU is permitted on a single-family property. The ADU may be either attached or detached. In both cases, all of the requirements of this section must be met.

(4)

The owner of the subject property must reside in one of the dwelling units on the property.

(5)

The ownership of the property may not be divided into separate condominium ownership of each separate unit.

(6)

One off-street parking space, in addition to the parking requirement for the single-family home, must be provided in accordance with this chapter's requirements for parking on a single-family lot.

(7)

The minimum size of the ADU is 400 square feet and the maximum size is 1,200 square feet.

(8)

For both a detached ADU and one provided by an addition to the existing structure, the new construction must be aesthetically compatible with the existing home. The minimum width of a detached ADU is 20 feet.

(d)

Home-based business/home occupations.

(1)

Statement of intent. Home-based businesses and home occupations are permitted as an accessory use in residential units and must register and obtain a permit from the planning and development department, subject to the conditions described below. A certificate of compliance issued by the zoning enforcement officer shall be obtained before beginning any home occupation.

(2)

Home occupations. Any occupation or profession conducted entirely in a dwelling unit where the only goods or services rendered in connection with the said occupation, are goods and services manufactured solely on the premises, and provided that:

a.

No person other than members of the immediate family residing on the premises shall be engaged in such occupation.

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 50 percent of the area of any one floor of the dwelling unit, including the basement, shall be used in conducting the home occupation.

c.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one nonilluminated sign not exceeding two square feet in area and mounted flat against the wall of the principal building.

d.

There shall be no stock in trade kept or any sale of commodities other than those necessary for the manufacturing of the product or rendering of the service in connection with the said occupation.

e.

In such home occupation no equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

f.

Traffic generation and parking.

1.

The zoning administrator may limit total vehicle trips per day, as a condition of approval.

2.

Parking needs generated by a home-based business shall be satisfied with off-street parking. 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.

g.

Prohibited home-based businesses/home occupations. The following activities are prohibited as home-based businesses, even if they meet the other requirements set forth in this section. This is not an all inclusive list. Similar uses may be added by the zoning administrator.

1.

Tanning salons.

2.

Animal hospitals.

3.

General retail sales.

4.

Restaurants.

5.

Repair shops or service establishments that service major electrical appliance repair, motorized vehicles repair, small engines, and related items.

6.

Stables or kennels.

7.

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

8.

Motorized vehicle sales.

(Code 1970, § 38-147; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3150, § 2, 1-22-2019; Ord. No. 3192, § 16, 4-19-2022)

Other use types not specifically addressed above may include the following accessory uses, activities, and structures on the same lot:

(1)

Parking for the principal use.

(2)

Minor 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.

(3)

Services operated for the sole benefit of employees of the principal use.

(Code 1970, § 38-148; Ord. No. 3088, § 2(exh. A), 12-1-2015)

All storage, sale, and use of toxic and explosive substances shall be in conformance with the city fire code and any and all state or federal rules, regulations, and statutes, in addition to the zoning code.

(1)

Fireworks.

a.

The sale of fireworks shall only be conducted in the C-1, C-2, CS-1, I-1 and I-2 zoning districts.

b.

Any person engaging in the sale of fireworks on City lots under the ownership of another person not undertaking the sales activity directly shall obtain a city transient merchants license prior to engaging in the sale of fireworks.

(Code 1970, § 38-149; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3123, § 1, 6-6-2017)

Outdoor storage is prohibited in all zoning districts except the I-1 limited industrial and I-2 general industrial zoning districts, except as provided in this section.

(1)

Agricultural use types. Outdoor storage is permitted only where incidental to agricultural uses.

(2)

Residential uses and property. Any goods, equipment, materials, machinery, and parts thereof stored on any residentially zoned property must be stored in completely enclosed buildings and be in compliance with section 32-3(7) and (12).

(3)

Civic use types. Outdoor storage is permitted only where incidental to maintenance facilities, or in completely enclosed buildings or in spaces screened by fencing and/or evergreen shrubbery providing at least an 80 percent screen and having a height of no less than six feet nor more than eight feet.

(4)

Commercial use types.

a.

Construction sales and service. Home improvement, lumber, and hardware retail sales. Storage of home improvement, lumber, and hardware merchandise may be permitted in a secondary building if the secondary building is enclosed on three sides and the square foot area of the secondary building does not exceed 25 percent of the principal retail sales building. Permission to exceed the 25 percent requirement must be granted as a conditional use permit by the zoning board of adjustment. Adequate visual screening by the principal building and/or landscaping is required.

b.

Outdoor storage is permitted where incidental to C-2 permitted uses, provided that such storage encompasses less than 50 percent of the total site area and meets the screening and buffering requirements from adjacent residentially-zoned areas as required by article XXIX of this chapter. Permission to exceed the 50 percent requirement must be granted as a conditional use permit by the zoning board of adjustment.

(5)

Industrial and miscellaneous use types.

a.

Outdoor storage is permitted where it is incidental to a salvage yard operation in compliance with the screening and site plan provisions of section 38-874(a).

b.

Outdoor storage is permitted where it is incidental to industrial uses within the AG and I-1 zoning districts. Any such outdoor storage is subject to screening requirements set forth in article XXIX of this chapter.

c.

Outdoor storage is permitted where incidental to landfills, subject to the screening requirements indicated in article XXIX of this chapter.

(Code 1970, § 38-150; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Purpose.

(1)

These provisions are intended to permit occasional, temporary uses and activities, when consistent with the objectives of this chapter and compatible with surrounding uses. They are further intended to prevent temporary uses from assuming the character of permanent uses.

(2)

Temporary uses and structures are permitted only as expressly provided in this section. In the event that the zoning administrator determines that the proposed use will have a significant impact on any residential district or on the area, further review shall be made by the planning and zoning commission.

(b)

Temporary use types. The following temporary uses are permitted, subject to the regulations contained within these sections:

(1)

Model homes or apartments, if contained within the development to which they pertain.

(2)

Development sales offices. Such offices may remain in place until 90 percent of the lots or units within the development are sold, and may not be located within a mobile home or manufactured home/structure.

(3)

Public assemblies, displays, and exhibits.

(4)

Commercial circuses, carnivals, fairs, festivals, or other transient events, provided that events are located on property owned by the sponsoring non-profit organization, or are located within an AG, C-1, C-2, C-3, C-4, I-1, or I-2 zoning district. Such uses may not exceed three weeks in duration, unless approved by the zoning administrator.

(5)

Outdoor art shows and exhibits.

(6)

Seasonal sales, including Christmas tree or other holiday-related merchandise sales lots, provided that such facilities are not located in a residential zoning district.

(7)

Construction site offices, if located on the construction site itself.

(8)

Outdoor special sales, provided that such sales are located in commercial or industrial zoning districts.

(9)

Construction batch plants in the I-1 district provided that:

a.

No plant may be located within 600 feet of a developed residential use, park, or school.

b.

The facility is located no more than one mile from its jobsite. The zoning administrator may extend this distance to two miles, if such extension avoids use of local streets by plant-related vehicles.

c.

Hours of operation do not exceed 12 hours per day.

d.

The duration of the plant's operation does not exceed 180 days.

(10)

Additional temporary uses that the zoning administrator determines to be similar to the previously described uses in this section.

(c)

Required conditions of all temporary uses.

(1)

Each site shall be left free of debris, litter, or other evidence of the use upon its completion or removal.

(2)

The zoning administrator may establish other conditions that he deems necessary to ensure compatibility with surrounding land uses.

(Code 1970, § 38-151; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Except as otherwise provided for, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street or permanent easement of access to a public street.

(Code 1970, § 38-152; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Zoning lots having dimensions or size less than those set forth in article VII of this chapter, at the time of the ordinance from which this chapter is derived was lawfully established, may be used for any permitted use in the R-1 district.

(Code 1970, § 38-153; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform to all the regulations of the zoning district in which the property is located. However, with respect to the re-subdivision of improved zoning lots in the R-2, R-3 and R-4 districts, side yard requirements shall not apply between attached buildings.

(b)

No yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot. No yards or other open space about an existing building or any building hereafter constructed for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.

(Code 1970, § 38-154; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Except in the case of planned unit developments and multifamily developments, no more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(Code 1970, § 38-155; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Side yard adjustment. In residential districts, the required minimum side yard shall be increased by one foot for every story in excess of two stories.

(b)

Lots adjoining alleys. In calculating the depth of a required rear yard, the one-half width of any alley along the rear property line may be included in the calculation of required rear yard area.

(c)

Encroachments on required yards. Every part of a required yard shall be open and unobstructed from finished grade upward, except as specified in the following:

(1)

Architectural projections, including roofs that cover porches, enclosed porches, window sills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project two feet into a required yard.

(2)

Terraces, patios, uncovered decks, open porches and ornamental features that have no structural element more than three feet above or below the adjacent ground level may project six feet into a required front yard. However, all such projections must be set back at least three feet from an adjacent side lot line; or ten feet from any street property line.

(3)

Fireproof outside stairways and balconies opening to fire towers may project a maximum of three feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.

(4)

In commercial districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five feet from the front property line, covers less than 15 percent of the area of the required front yard, and has a vertical clearance of at least seven feet.

(5)

Swimming pools shall be subject to locational requirements in subsection 24-3(17) of this Code.

(6)

Flag poles up to maximum height of base district may be located within required yards, provided they are set back at least five feet from property lines. The spread of a flag when fully extended shall not extend onto public right-of-way.

(7)

Garage setbacks. Any garage that fronts on a public street must be set back at least 20 feet from such street, regardless of the setback requirement within the zoning district. This shall not be interpreted to waive a larger required minimum setback required by the zoning district.

(d)

Setbacks on arterial streets.

(1)

Notwithstanding any other provision of this chapter, the city may require a setback for all buildings built or altered, or off-street parking areas developed along a state or federally designated highway that exceeds those normally required for the zoning district.

(2)

Lots of record under five acres in size; lots of record duly platted and approved prior to the effective date of the ordinance from which this section derives, or where a properly dedicated and accepted frontage road right-of-way exists are exempt from these provisions and are instead subject to the setback requirements of their respective zoning district.

(e)

Commercial zones.

(1)

Front yards.

a.

When a C-2 district abuts a C-1 or any residential district in the same block, the front yard setback shall be no less than 20 feet.

b.

When a commercial district abuts any residential district along its side property line, there shall be minimum bufferyards as required by article XXIX.

(2)

Rear yards. For any building in a C-2 district containing a dwelling, a rear yard of not fewer than ten feet in depth is required. Such rear yard shall be increased an additional one foot for each story above the first.

(3)

Side yards. For all multi-family residential building in a C-2 district containing a residential dwelling, a side yard of four feet shall be maintained and this shall increase by one foot in width for each story above the first.

(f)

Townhouse side yards. For any townhouse development, there shall be a continuous row of three or more units with both interior side lot lines having a zero-foot side yard setback. The end units shall have a minimum side yard of at least ten feet.

(g)

Manufacturing/industrial. When an I-1 district abuts any residential district along its side property line, there shall be minimum bufferyards as required by article XXIX.

(h)

Vision clearance zones. On any corner lot in any district, no fence or wall that is greater than three feet in height shall be constructed within 20 feet of the closest point where the edge of road pavement or curb end meet at intersecting roads, unless the city determines the fence or wall is not a safety hazard.

(Code 1970, § 38-156; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3150, § 1, 1-22-2019)

These provisions allow exceptions to the height limit of any zoning district in certain situations.

(1)

Vertical projections.

a.

Chimneys, cooling towers, building mechanical equipment, elevator bulkheads, silos, fire towers, grain elevators, non-parabolic receiving antennas, tanks, solariums, steeples, penthouses not exceeding 25 percent of total roof area, flag poles, stage towers or scenery lofts, and water towers may be built to any height in accordance with existing and future ordinances.

b.

Any such equipment or vertical projections attached to a building and exceeding the height limit shall be screened to prevent visibility from public right-of-way or adjacent property using materials or design features that are consistent with the overall design of the main building.

c.

No such projection may be built which in the event of failure could constitute a hazard or fall onto either public right-of-way or property, or another private property.

(2)

Civic buildings. Churches, schools, and hospitals may be erected to a height not to exceed 75 feet. Such buildings located in residential districts shall be set back one foot in addition to required setbacks from each property line for each foot of height over the maximum height of the zoning district.

(Code 1970, § 38-157; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Location restriction.

(1)

Unless otherwise provided by this chapter or other sections of this Code, no fence shall be built on any lot or tract outside the surveyed lot lines.

(2)

No fence shall be built by a private party on public land without the specific prior approval of the city. Removal of any such fence shall be at the expense of its owner.

(b)

Sight obstruction at street intersections. No fence or wall permitted or required by this section or other sections of this Code shall be built to a height of more than three feet within 20 feet of the closest point where the road pavement ends or curb meet at intersecting roads, unless the city determines the fence or wall is not a safety hazard.

(c)

Facing. The finished surfaces of any fence shall face toward adjacent properties and street frontage. In instances where six-foot opaque fencing is utilized in establishing an opaque barrier pursuant to screening standards established in subsection 38-914(b)(1), the fence surface that is of a finished design and that establishes opacity shall face toward adjacent properties and street frontage.

(d)

Effect on adjacent properties and drainage. Fences shall be erected and maintained so as to avoid limiting or obstructing the flow of water in natural drainage courses, or drainage ways created within easements.

(e)

Fence construction on utility 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 cost of removal or replacement shall be the responsibility of the owner of the fence.

(f)

Residential fences. Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions:

(1)

Height. The maximum permitted height of fences in residential districts is as follows:

a.

Front yard.

1.

No fence or wall in any required front yard may exceed three feet in height, except the fence may be erected to a height of four feet if the fence is constructed of materials which provide openings of not less than 50 percent in area of the vertical surface of the fence to permit transmission of light, air, and vision through the vertical surface at a right angle.

2.

The zoning administrator may approve a front yard fence at a height of six feet, provided the following conditions are met:

(i)

The fence provides openings of not less than 75 percent in area of the vertical surface of the fence to permit transmission of light, air, and vision through the vertical surface at a right angle.

(ii)

The fence is constructed of wrought iron, or a similar quality material, and can be determined to add to the property value of the subject property and the neighborhood in general.

b.

Side yard. Fences or walls along interior lot lines within the limits of the side yard on the adjoining lot shall not exceed six feet in height. For corner lots, street side yard fence height limitations shall be the same as those for front yards.

c.

Rear yard.

1.

For interior lots, no fence or wall in a required rear yard shall exceed six feet in height.

2.

On corner lots, a fence not to exceed six feet in height may be erected in the rear yard area to a point ten feet back from the street right-of-way. The zoning administrator may approve a rear yard fence at a height of six feet, built to the right-of-way line, provided all the following conditions are met:

(i)

There is generally 20 feet of right-of-way between the street curb and the property line of the subject property.

(ii)

The street adjacent to the subject property is not designated on any city plans as a collector or arterial street, and there are no plans to widen the street.

(iii)

There is no objection from an adjacent property owner in accordance with property owner noticing in section 38-1011(b) through (e).

(2)

Setbacks. All residential fences in front yards shall be a minimum of one foot behind adjacent sidewalks.

(3)

Materials. Fences shall be constructed of wood, chain-link, PVC/resin, stone or masonry materials, or ornamental metals only. Wood fences shall utilize standard outdoor building lumber only. Wire mesh fences may be permitted to enclose tennis courts and game and recreation areas on public land and residential lots.

(4)

Electric fences. Electric fences are subject to the locational requirements of section 24-3(15).

(g)

Civic, office, commercial, and industrial fences. Fences constructed in civic, office, commercial, and industrial districts are subject to the following special provisions:

(1)

The maximum height of a fence for any permitted use in any commercial zoning district shall be six feet. The maximum height in industrial districts is eight feet.

(2)

Barbed wire.

a.

Not permitted unless the property is required for commercial agricultural purposes in areas abutting an unincorporated area of the county.

b.

Not permitted unless located in an area zoned commercial, is required for commercial security purposes, and is placed at least six feet above finish grade directly above a chain-link or similar type fence.

(3)

Electric fences are subject to the locational requirements of section 24-3(15).

(h)

Permit.

(1)

Required. It is unlawful for any person to erect, install, construct, alter, or relocate or cause the same to be done within the city any fence as defined in this section, without first obtaining a fence permit and holding the city harmless from any liability incurred as a result of the installation of the fence in any residential district.

(2)

Application. An application for a fence permit shall be obtained from the city's planning and development department.

(Code 1970, § 38-158; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3092, § 1, 4-5-2016; Ord. No. 3150, § 4, 1-22-2019; Ord. No. 3161, § 1, 8-6-2019)