(2)   Size and density requirements. The total gross floor area of all accessory buildings and structures shall occupy no more than 1,000 square feet or 50% of the gross floor area of the principal use, whichever is greater, except accessory buildings and structures may exceed 1,000 square feet or 50% of the gross floor area of the principal use as a conditional use, subject to the provisions and procedures of § 157.099 of this chapter; and, provided, the following conditions are met:

(Ord. 827, passed 4-19-1983; Ord. 1116, passed 7-18-1995; Ord. 1145, passed 8-6-1996; Ord. 1260, passed 7-2-2001; Ord. 1304, passed 1-7-2003) Penalty, see § 157.999

   (G)   Three and four season porches may encroach into the required rear setback provided that:

      (1)   Such three or four season porch shall be 20 feet from the rear lot line;

      (2)   Such three or four season porch shall be supported on pier style footings;

      (3)   Such structure is constructed a minimum of 12 inches above the ground in which it is located;

      (4)   The area below the structure shall be open air and shall not be enclosed unless the floor elevation is less than three feet above the ground, in which case lattice shall be permitted; and

      (5)   Such three or four season porch shall have each wall on the structure shall contain windows, screens, or other transparent material for over 50% of the total individual wall area, except the shared wall with the primary structure. The gable roof area above the wall line shall not be included in this calculation.

(Ord. 827, passed 4-19-1983; Ord. 1061, passed 6-16-1992; Ord. 1147, passed 8-20-1996; Ord. 1160, passed 4-15-1997; Ord. 1518, passed 2-17-2015) Penalty, see § 157.999

      (11)   Poles, towers and other structures for essential services; except that, such structures in excess of 100 feet shall require conditional use permits as regulated by § 157.099 of this chapter;

(Ord. 827, passed 4-19-1983) Penalty, see § 157.999

   (B)   Passenger automobiles, station wagons and trucks not currently licensed by the state or which are, because of mechanical deficiency, incapable of movement under their own power, parked or stored outside for a period in excess of 30 days, shall be regulated as provided for in § 93.021 of this code of ordinances. All other materials stored outside in violation of city ordinances are considered refuse or junk and shall be disposed of.

(Ord. 827, passed 4-19-1983) Penalty, see § 157.999

   (B)   In non-residential districts, outside storage shall be regulated as provided for in §§ 157.020 through 157.028 and 157.070 through 157.080 of this chapter.

(Ord. 827, passed 4-19-1983) Penalty, see § 157.999

   Garage sales shall be limited to a total of ten calendar days of operation per calendar year at any residential location.

(Ord. 1578, passed 4-3-2018)

(Ord. 827, passed 4-19-1983) Penalty, see § 157.999

(Ord. 827, passed 4-19-1983) Penalty, see § 157.999

(Ord. 827, passed 4-19-1983) Penalty, see § 157.999

(Ord. 827, passed 4-19-1983) Penalty, see § 157.999

(Ord. 827, passed 4-19-1983) Penalty, see § 157.999

   (B)   The Planning Commission shall hold public hearing according to the provisions of § 157.101 of this chapter on each application to move or relocate a structure to determine its compatibility with the surrounding structures and area of the proposed site of relocation. The Building Inspector shall report to the Planning Commission concerning structural soundness of the building; recommended improvements to both the structure and the site, and restoration of the original site. The Building Inspector shall also submit for the Commission’s review and approval a schedule of estimated costs for the above.

   (E)   (1)   Unless the City Council grants an extension of time for completion of the project, 10% of the original amount deposited shall be forfeited for each day that the project remains incomplete past the agreed upon completion date. If the entire amount of the guarantee deposit becomes forfeited, the City Council shall then direct that the Building Inspector hire a contractor to complete the project as promised.

      (2)   All monies forfeited shall first be applied to the costs incurred by the city in the completion. Costs incurred beyond the amount of surety, including but not limited to, administrative and personnel costs of the city, materials cost and contractor charges and interest and service charges, shall be expended from the General Fund of the city and made a special assessment against the property and certified to the County Auditor for collection in one installment together with interest and costs according to law.

   (F)   Before the Building Inspector shall issue a permit to move a structure over any public right-of-way, the applicant shall pay the required fee and complete the application for building moving permit and moving approval form, all agreeable to the provisions of §§ 150.085 through 150.089 of this code of ordinances.

   (G)   These requirements shall not apply to construction sheds or temporary construction offices located on the lot for 18 months or less during a construction project.

(Ord. 827, passed 4-19-1983) Penalty, see § 157.999

      (1)   Fences do not require zoning permits unless located within a utility easement. Fences placed within utility easements are subject to removal if required for the installation or maintenance of a utility.

      (2)   Where permitted, fences in excess of six feet in height as measured from finished grade may require a building permit.

      (1)   Fences shall be of durable, weather-treated materials and must be maintained in a respectable condition.

      (2)   Barbed wire or electric fences shall not be permitted, used or constructed, except in industrial districts, as hereinafter provided, or areas where the keeping of livestock is permitted.

      (1)   Fences may be constructed up to the lot line; provided that, no portion of the fence protrudes over the lot line.

      (2)   It is the responsibility of the property owner to locate lot lines before construction of any fence and ensure that the fence is constructed in the proper location.

         (a)   No fence shall exceed seven feet in height above finished grade.

         (b)   Fences erected along a property line in common with a residential district shall be subject to the provisions herein described for residential districts.

         (a)   No fence shall exceed eight feet in height above finished grade.

         (b)   Fences may utilize barbed wire as a security measure, provided the barbed wire commences at a point at least seven feet above finished grade and does not project over lot lines.

         (c)   Fences erected along a property line in common with a residential district shall be subject to the provisions herein described for residential districts.

(Ord. 827, passed 4-19-1983; Ord. 1483, passed 4-2-2012) Penalty, see § 157.999

      (1)   An application for a conditional use permit shall be filed and processed based upon procedures established in § 157.099 of this chapter. Any zone changes required in conjunction with the PUD request must also be filed according to the provisions of § 157.098 of this chapter.

      (1)   General. Any planned unit development for manufactured housing, as defined by § 157.002 of this chapter, must be developed in conformance with the rules, regulations and procedures or this section, with additional regulation as provided below and subject to all other applicable provisions of this chapter.

            3.   Boundaries of the development not abutting a public right-of-way shall be screened in compliance with § 157.020 of this chapter.

      (8)   Use of required parking area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles as regulated by § 157.044 of this chapter, and/or storage of snow; except that, required parking areas may be used for certain outdoor sales, promotions, recycling units and the like if such uses are incidental to the principal use, infrequently held, last for no more than four days, and do not interfere with traffic flow. In all residential zoning districts non-profit organizations may engage in the outdoor sale of Christmas trees in said parking area, provided that such sales do not exceed 45 days, including time necessary to return sales area to normal conditions, and that a permit authorizing such sales is obtained from the Zoning Administrator.

 

 

      (5)   Grade elevation. The grade elevation of any parking area shall not exceed 5% without approval of the City Engineer.

      (6)   Accesses. Except for single- and two-family dwellings and apartments of less than 12 units, all driveway accesses shall be approved by the City Engineer and City Planner but in no instances shall driveway accesses be located less than 40 feet from line intersection of two or more street rights-of-way. Driveways serving single- and two-family residences, townhouses and apartments of less than 12 units shall be no less than 30 feet. This distance shall be measured from the intersection of lot lines.

      (7)   Access width. No driveway access shall exceed 24 feet in width in “R-1”, “R-2”, “R-3”, “MH”, “R-4”, “R-5”, “R-6”, “R-B” and “B-1” Districts; except that, single-family driveway accesses leading directly to three stall or larger garages on lots with widths 100 feet or greater are permitted driveway access widths up to 32 feet upon review and approval of City Engineer and City Planner. No driveway access shall exceed 36 feet in width in “B-2”, “B-3”, “I-P”, “I-1” and “I-2” Districts.

      (8)   Side lot line. Driveways shall be a minimum one foot from the side lot line in residential districts, and three feet from the side yard lot line in business and industrial districts.

      (9)   Driveway access. All property shall be permitted at least one driveway access. Multiple driveway accesses may be permitted on lots with street frontage in excess of 100 feet in width upon approval of the City Engineer.

      (10)   Length. Driveway accesses on a public street, except for two-family and townhouse dwellings, shall not be less than 40 feet from one another when located on the same property.

      (11)   Surfacing. All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Except in the case of single-family and two-family dwellings, driveways and parking areas which have access onto a concrete or asphaltic surfaced street or public right-of-way shall be surfaced with asphalt or concrete. Plans for surfacing and drainage of driveways and stalls for five or more vehicles shall be submitted to the City Engineer for his or her review and the final drainage plan shall be subject to his or her written approval.

      (12)   Striping. In parking areas exceeding 12 spaces, stalls shall be marked with contrasting paint lines not less than four inches wide.

      (13)   Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights-of-way and be in compliance with § 157.073 of this chapter.

      (14)   Signs. No sign shall be so located as to restrict the sign lines and orderly operation and traffic movement within any parking lot. All signing must conform to Ch. 153 of this code of ordinances.

      (15)   Curbing. Except for single- and two-family dwellings and townhouses, all off-street parking within ten feet of the lot line shall have a continuous, permanent curb barrier constructed of concrete or asphalt around the entire parking area except that where parking area abuts alley, vehicles are parked parallel to alley and access to alley need not be restricted, required parking setbacks may be indicated by striping. Individual wheelstops butted together and spiked down shall not constitute permitted curbing under this provision. Said curbing shall not be closer than five feet from any lot line; except that, in the B-3 (CBD) Zoning District, said curbing shall not be closer than three feet from any lot line.

      (16)   Required screening. All open, non-residential off-street parking areas of five or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with § 157.070 of this chapter.

      (17)   Landscaping.

         (a)   All parking setback areas with a width of less than five feet shall consist of grass, plantings, decorative rock, bark chips, asphalt or concrete.

         (b)   All parking setback areas with a width of five feet or more and abutting public right-of-way shall have one tree planted for every 40 lineal feet of setback area in addition to grass, plantings, decorative rock or bark chips.

            1.   The minimum spacing between trees shall be 20 feet.

            2.   Tree planting requirements may be satisfied by planting trees in the boulevard upon submission of a plan and approval by the Shade Tree Commission.

            3.   Alternate landscaping including shrubs may be substituted for tree planting requirements upon submission of a plan and approval by the Planning Commission.

         (c)   For commercial off-street parking areas of 200 spaces or more, a minimum of ten square feet of interior landscaped islands is required for each space.

            1.   Each interior landscaped island shall have a minimum of one tree in addition to grass, plantings, decorative rock or bark chips.

            2.   The minimum dimensions of a landscaped interior island shall be five feet in width by five feet in length.

            3.   Such islands shall be disbursed and placed to assist traffic flow within the parking area.

         (d)   It is the responsibility of the property owner and/or tenant to ensure that landscaping and trees are maintained in good condition as to present a healthy, neat and orderly appearance.

            1.   Trees planted under this chapter must be cultivated nursery stock with straight trunks not less than six feet high, with a minimum one-inch caliper.

            2.   Trees and landscaping shall be designed and placed to prevent damage by vehicles.

            3.   Trees and landscaping shall be replaced if damaged or removed.

   (E)   Maintenance. It shall be the responsibility of the lessee and/or owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fences.

      (1)   Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except as provided for in divisions (H) and (I) below.

      (2)   Except for single-, two-family and townhouse dwellings, head-in parking, directly off of adjacent to the public street, with each stall having its own direct access to the public street, shall be prohibited.

      (3)   Except for single- and two-family housing and townhouses, required accessory off-street parking shall not be provided in front yards or in side yards abutting street right-of-way in “R-1”, “R-2”, R-3”, “R-4” and “R-5” Districts.

      (4)   In the case of single-family, two-family and townhouse dwellings, parking shall be prohibited in any portion of the front yard, except designated driveways leading directly into a garage or one open, surfaced space located on the side of a driveway, away from the principal use.

   (G)   Number of spaces required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses noted shall be determined by the Planning Commission.

      (1)   Residential.

         (a)   Single-family, two-family and townhouse units: two spaces per unit;

         (b)   Multiple-family dwelling: studio and one bedroom require one stall per unit and two bedroom and greater require a minimum of two stalls per unit; and

         (c)   Elderly (senior citizen) housing: reservation of area equal to one parking space per unit. Initial development is, however, required of only one-half space per unit and said number of spaces can continue until such time as the City Council considers a need for additional parking spaces has been demonstrated.

      (2)   Institutional and cultural.

         (a)   Church, theater, auditorium: at least one parking space for each four seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this chapter;

         (b)   School elementary and junior high: at least one parking space for each classroom plus one additional space for each 50-student capacity;

         (c)   School, high school through college and private and day or church schools: at least one parking space for each seven students based on design capacity, plus one for each three classrooms;

         (d)   Boarding house, fraternity house, sorority house: at least two parking spaces for each three persons for whom accommodations are provided for sleeping;

         (e)   Community centers, physical culture studios, libraries, post office, private clubs, lodges, museums, art galleries: ten spaces, plus one for each 150 square feet in excess of 2,000 square feet of floor area in the principal structure;

         (f)   Baseball fields, stadiums: at least one parking space for each eight seats of design capacity;

         (g)   Public parks, playgrounds and play field: at least five parking spaces for each acre of park over one acre; two parking spaces per acre for playgrounds and ten spaces for each acre of play field. When a public recreation site has more than one use designation, the areas must be divided for determining the required parking spaces;

         (h)   Hospitals: two spaces per each bed;

         (i)   Sanitariums, convalescent home, rest home, nursing home or day nurseries: four spaces, plus one for each three beds for which accommodations are offered; and

         (j)   Adult day-care: two spaces for every five program participants.

      (3)   Business and commercial.

         (a)   Motels, motor hotels, hotels: one space per each rental unit, plus one space for each ten units and one space for each employee on any shift;

         (b)   Drive-in establishment and convenience food:

            1.   Drive-in only: at least one parking space for each 15 square feet of gross floor area, but not less than 15 spaces; and

            2.   Convenience food establishment with indoor seating: parking shall be provided at a rate of 30% of the buildings designated occupant load.

         (c)   Restaurants, cafés, private clubs serving food and/or drinks, bars, taverns, nightclubs: parking shall be provided at a rate of 30% of the buildings designated occupant load;

         (d)   Retail store and service establishment: at least one off-street parking space for each 300 square feet of floor area;

         (e)   Retail sales and service businesses with 50% or more of gross floor area devoted to storage, warehouses and/or industry: at least eight spaces or one space for each 200 square feet devoted to public sales or service, plus one space for each 500 square feet of storage area; or at least eight spaces or one space for each employee on the maximum shift, whichever is appropriate;

         (f)   Bowling alley: at least five parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure;

         (g)   Skating rink, dance hall or public auction house: 20 off-street parking spaces, plus one additional off-street parking space for each 200 square feet of floor space over 2,000 square feet;

         (h)   Golf driving range, miniature golf, archery range: ten off-street parking spaces, plus one for each 1,000 square feet of floor area;

         (i)   Motor fuel station: at least four off-street parking spaces, plus two off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this chapter;

         (j)   Fuel pumps associated with other use: two spaces in addition to those required by other use;

         (k)   Auto repair: eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 square feet;

         (l)   Car wash (in addition to required magazining or stacking space):

            1.   Automatic drive through, serviced: a minimum of ten spaces or one space for each employee on the maximum shift, whichever is greater;

            2.   Self-service: a minimum of two spaces; and

            3.   Motor fuel station car wash: zero in addition to that required for the station.

         (m)   Motor bus terminal, taxi terminal: see “auto repair”;

         (n)   Boats and marine sales and repair: see “auto repair”;

         (o)   Building material sales in structure, garden supply store: see “auto repair”; and

         (p)   Undertaking establishments: at least 20 parking spaces for each chapel or parlor, plus one parking space for each funeral vehicle maintained on the premises. Aisle space shall also be provided off the street for making up a funeral procession.

      (4)   Offices. Office buildings, financial institutions, professional offices, medical and dental clinics: at least one off-street parking space for each 300 square feet of floor area.

      (5)   Industrial.

         (a)   Manufacturing, fabricating or processing of a product or material; warehouse, storage, handling of bulk goods: at least eight spaces, plus one space for each two employees on each shift based on maximum planned employment or at a minimum at least eight spaces, plus one space for each 500 square feet of floor area; and

         (b)   Bottling company: eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 square feet.

      (6)   B-3 (Central Business) District. All non-residential uses shall provide at least one parking space for each 500 square feet of floor area.

         (a)   Parking requirements for non-residential uses in the B-3 District may be reduced or waived as a conditional use, subject to the provisions and procedures of § 157.099 of this chapter; and, provided that:

            1.   The applicant demonstrates that proposal will not adversely affect the existing parking situation in the immediate area;

            2.   Excess parking capacity on and off-street exists and that long-term parking needs will be accommodated; or

            3.   Time of peak parking demand differs from that of surrounding businesses and land uses or that parking requirements will be reduced through an organized carpooling program or other similar efforts.

         (b)   The applicant shall use parking surveys and accepted parking standards and data as a basis for assessing the parking impact of the proposal.

   (H)   Joint parking facility.

      (1)   The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business, should they provide them separately.

      (2)   When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit, except when the following conditions are found to exist:

         (a)   The building or use for which application is being made to utilize the off-street parking facilities provided by other building or use shall be located within 300 feet of such parking facilities;

         (b)   The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed; and

         (c)   A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk-Treasurer and recorded with the County Auditor.

   (I)   Off-site parking.

      (1)   Any off-site parking which is used to meet the requirements of this chapter shall be a conditional use as regulated by § 157.099 of this chapter.

         (a)   Such off-site parking shall comply with all parking standards stated in this chapter.

         (b)   Reasonable access from off-site parking facilities to the use served shall be provided.

      (2)   Any use which depends on off-site parking to meet the requirements of this chapter shall maintain the minimum number of required parking spaces or cease operation and use until such time as there is full compliance with the requirements of this chapter.

      (3)   Wherever required parking facilities are on a lot or parcel of land other than the principal building which is to be served, a properly drawn legal instrument, executed by the parties concerned, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk-Treasurer.

      (4)   Any use which depends upon off-site parking to meet the requirements of this chapter shall require a certificate of occupancy, renewable annually, as regulated in § 157.102 of this chapter.

(Ord. 827, passed 4-19-1983; Ord. 1061, passed 6-16-1992; Ord. 1083, passed 12-7-1993; Ord. 1113, passed 5-16-1996; Ord. 1132, passed 2-20-1996; Ord. 1156, passed 1-7-1997; Ord. 1160, passed 4-15-1997; Ord. 1491, passed 1-8-2013; Ord. 1501, passed 6-4-2013; Ord. 1557, passed 3-7-2017) Penalty, see § 157.999

      (1)   Manufacturing, fabrication, processing, warehousing, storing, retail sales, schools and hotels.

         (a)   For such a building between 5,000 and 50,000 square feet of floor area: one loading berth is required;

         (b)   For a building 50,001 to 100,000 square feet in area: two loading berths are required; and

         (c)   One loading berth shall be provided for each additional 35,000 square feet of floor area or fraction thereof in excess of 100,000 square feet.

      (2)   Manufacturing and retail sales under 5,000 square feet. Adequate off-street loading and service entrances shall be provided subject to the approval of the Zoning Administrator;

      (3)   Auditorium, convention hall, exhibition hall, sports arena or stadium. Ten thousand to 100,000 square feet of floor area, one loading berth; for each additional 100,000 square feet of floor area or fraction thereof, one additional loading berth; and

      (4)   Public or semi-public recreational buildings, community centers, private and public educational institutions, religious institutions, hospitals, clinics, professional or commercial offices, nursing homes, or similar group housing, and senior citizen housing. Adequate off-street loading and service entrances shall be provided subject to approval of the Zoning Administrator.

      (1)   All required loading berths and facilities shall be off-street and located on the same lots as the building or use to be served.

      (2)   All loading berth curb cuts shall be located at minimum 50 feet from the intersection of two or more street rights-of-way. This distance shall be measured from the property line.

      (3)   No loading berth shall be located closer than 50 feet from a residential district unless within a structure.

      (4)   Loading berths shall not occupy the front yard setback.

      (5)   Loading berths located at the front or at the sides of buildings abutting street right-of-way shall require a conditional use permit as provided for in § 157.099 of this chapter, if such loading berth is closer than 200 feet from street right-of-way.

         (a)   Loading berths shall not conflict with pedestrian movement.

         (b)   Loading berths shall not obstruct the view of the public right-of-way from off-street access.

         (c)   Loading berths shall comply with all other requirements of this section.

      (6)   Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic.

   (C)   Surfacing. All loading berths and driveways having access onto a concrete or asphalt surfaced street or public right-of-way shall be surfaced with asphalt, concrete or a reasonable substitute surface. Drainage of loading areas is subject to approval of the City Engineer.

      (1)   Production phase wind energy conversion systems shall be a permitted accessory use within the “B-1”, “B-2”, “B-3”, “I-P”, “I-1”, “I-2” and “A-O” Zoning Districts; provided that, the proposed lot exceeds 200 feet from any residential use and/or district, except for any residence situated on that lot, in which case a six-foot separation between tower and structure must be maintained; that in all other cases, the WECS cannot be located closer than six feet from any other principal or accessory structure; WECS must be located in the rear yard; and the tower must be set back from all property lines a distance not less than the total height of the WECS.

      (2)   No part of a WECS shall be located within or over drainage, utility or other established easements.

      (3)   Clearance between WECS and electrical lines shall be in compliance with the requirements outlined in the most recent edition of the National Electrical Safety Code.

   (B)   Size regulations.

      (1)   All WECS shall not have rotors that are longer than 35 feet in diameter.

      (2)   The minimum height of the lowest extent of any WECS rotor shall be 30 feet above the highest structure or tree within 300 feet.

      (3)   All proposed WECS shall comply with Federal Aviation Administration notification requirements and any other applicable regulations. All proposed WECS shall be in compliance with any applicable airport zoning.

      (4)   The base of a WECS tower shall be included in calculations of lot coverage. In the case of a guyed tower, the area covered by the guy wire anchor points shall also be included in lot coverage calculations.   (C)   Installation and design.

      (1)   All WECS tower structures shall be designed and constructed to be in compliance with pertinent provisions of the State Building Code. Indication of compliance may be obtained from the manufacturer’s engineering staff or by a state professional engineer or by an individual with technical training on WECS.

      (2)   All WECS shall be equipped with manual and automatic and overspeed controls. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer’s engineering staff or by a state professional engineer or by an individual with technical training on WECS.

      (3)   The compatibility of the tower structure with the rotors and other components of the WECS shall be certified by the manufacturer’s engineering staff or by a state professional engineer or by an individual with technical training on WECS.

      (4)   All electrical components of the WECS shall be in compliance with the applicable requirements of the National Electrical Code as currently adopted by the State Building Code Division and shall be inspected by a qualified electrical inspector. The interconnection between the WECS and the electric utility shall be in compliance with the most recent edition of the National Electrical Safety Code. Certification will be supplied in writing that the WECS will automatically disconnect from the utility when there is no power input from the utility. This certification can be supplied by the manufacturer of the WECS.

      (5)   The interconnection of the WECS with the local electrical utility shall comply with all applicable federal, state and local regulations. Parties intending to erect a WECS shall notify the city’s public utilities in advance of their installation plans.

      (6)   At least one sign shall be posted at the base of the WECS tower and shall contain the following information:

         (a)   Notice of no trespassing; and

         (b)   Warning of high voltage.

   (D)   Supplying energy to two or more structures. A WECS that supplies energy to two or more structures shall be allowed as long as the proposed WECS complies with all applicable zoning regulations.

      (1)   Ground mounted and freestanding solar collection systems are permitted as accessory uses in all residential zoning districts subject to the following requirements:

         (a)   Must be located in rear yard only;

         (b)   A setback of at least three feet from the side and rear property line must be maintained but in no case shall system be located within an easement;

         (c)   Must be located at least three feet from any other principal or accessory structure;

         (d)   Shall not exceed 15 feet in height when oriented at maximum tilt;

         (e)   Must be located as to minimize glare directed toward an adjoining property or street;

         (f)   Total surface area of all ground-mounted and free-standing solar collectors on the lot shall not exceed 250 square feet;

         (g)   All exterior electrical or other service lines must be buried below the surface of the ground;

         (h)   Square footage of the solar collection system shall be considered in determining the maximum amount of accessory buildings and structures permitted on a lot;

         (i)   Shall comply with All City and State Building and Electrical Codes;

         (j)   The property owner shall notify the electrical utility where the solar collector system is connected to the electrical utility system;

         (k)   If the solar collection system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment no later than 90 days after the 12-month period; and

         (l)   It shall be the responsibility of the property owner to secure any desired solar easement to protect solar access for the system (as per Minn. Stat. § 500.30, as it may be amended from time to time).

      (2)   Rooftop and wall mounted solar collection systems are permitted on principal and accessory buildings in all residential zoning districts subject to the following requirements:

         (a)   Shall not project beyond the peak of the roof;

         (b)   Shall not be more than five feet above the roof to which it is attached;

         (c)   Shall comply with all City and State Building and Electrical Codes;

         (d)   The property owner shall notify the electrical utility where the solar collector system is connected to the electrical utility system;

         (e)   If the solar collection system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment no later than 90 days after the 12-month period;

         (f)   It shall be the responsibility of the property owner to secure any desired solar easement to protect solar access for the system (as per Minn. Stat. § 500.30, as it may be amended from time to time); and

         (g)   Must be located as to minimize glare directed toward an adjoining property or street.

   (B)   Business, industrial and agricultural districts.

      (1)   Ground mounted and freestanding solar collection systems are permitted as accessory uses in all business, industrial and agricultural zoning districts subject to the following requirements:

         (a)   Must be located in rear yard only;

         (b)   A setback of at least three feet from the side and rear property line must be maintained but in no case shall it be located within an easement;

         (c)   Must be located at least three feet from any other principal or accessory structure;

         (d)   Not to exceed 25 feet in height when oriented as maximum tilt;

         (e)   Must be located as to minimize glare directed toward an adjoining property or street;

         (f)   Total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 1,000 square feet;

         (g)   Square footage shall be considered in determining the maximum amount of accessory buildings and structures permitted on a lot;

         (h)   Shall comply with all City and State Building and Electrical Codes;

         (i)   The property owner shall notify the electrical utility where the solar collector system is connected to the electrical utility system;

         (j)   If the solar collection system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment no later than 90 days after the 12-month period; and

         (k)   It shall be the responsibility of the property owner to secure any desired solar easement to protect solar access for the system (as per Minn. Stat. § 500.30, as it may be amended from time to time).

      (2)   Rooftop and wall mounted solar collection systems are permitted on principal and accessory buildings in all business, industrial and agricultural zoning districts subject to the following requirements:

         (a)   Shall comply with all Building Code requirements;

         (b)   Shall not exceed the maximum height permitted in the zoning district in which it is located;

         (c)   Must be located as to minimize glare directed toward an adjoining property or street;

         (d)   The property owner shall notify the electrical utility where the solar collection system is connected to the electrical utility system;

         (e)   If the solar collection system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment no later than 90 days after the 12-month period; and

         (f)   It shall be the responsibility of the property owner to secure any desired solar easement to protect solar access for the system (as per Minn. Stat. § 500.30, as it may be amended from time to time).

(Ord. 1480, passed 2-6-2012) Penalty, see § 157.999

   Pursuant to authority granted by Minn. Stat. § 462.3593, Subd. 9, the City of Owatonna opts-out of the requirements of Minn. Stat. § 462.3593, which defines and regulates temporary family health care dwellings.

(Ord. 1542, passed 9-6-2016)

   Accessory dwelling units are permitted subject to the following provisions:

   (A)   The accessory dwelling unit shall have a minimum square footage of 300 square feet and shall be limited to a maximum square footage of 30% of the primary dwelling units total square footage;

   (B)   Both units shall be served by the same mailbox and the same mailing address;

   (C)   The structure shall have the appearance of a single-family residence from the street and shall not have more than one front door;

   (D)   Both units shall be served by the same sanitary sewer service, water service and meter, electric service and meter, and gas service and meter;

   (E)   The owner of said structure shall submit a letter to the City Planner annually stating that one of the units is owner occupied; and

   (F)   The structure shall be registered with the city's rental registration program and inspected on a biennial basis or as the program requires.

(Ord. 1596, passed 9-3-2019)