126.5.1.1. Additional wall and fence requirements.

(a)

Restrictions. Notwithstanding other provisions of this chapter, a fence, hedge, or wall may be maintained in any district, provided any such fence, hedge or enclosure wall extending closer than 20 feet to the front line (back of curb line or if there is no curb the edge of pavement not property line), shall not exceed a height of three feet, and any such fence, hedge or enclosure wall on a corner lot and situated within 20 feet from the side street line (back of curb line or edge of pavement not property line) shall not exceed a height of three feet. Where any lot or premises is encircled or enclosed by a wall or hedge or fence, then such enclosure shall be equipped with a gate for the purpose of ingress and egress for utility purposes, and, before such encirclement, enclosure, fence or hedge may be maintained, a permit therefore shall be secured from the building official upon payment of such fee as may be prescribe by the city council from time to time.

(b)

Determination of height. The height of the wall or fence shall be determined by measuring the distance from the nearest adjacent ground to the tallest portion of the fence or wall;

(c)

Maximum heights. An eight-foot maximum height shall be permitted on any side (but not within the front yard setback or distance required in subsection (a)) or rear lot provided that such a wall or fence is in accordance with this chapter;

(d)

Earth retaining walls. An earth retaining wall greater in height of four feet must be designed and sealed by a professional engineer, registered in the state;

(e)

Location. No wall or fence shall be permitted in the city street right-of-way or alley;

(f)

Swimming pools. A lot that contains a swimming pool, hot tub, and/or spa containing water more than 24 inches (610 millimeters) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1,219 millimeters) in height;

(g)

Barbed wire, etc. Barbed wire or razor wire fences of any kind shall not be permitted in any residential districts;

(h)

Exceptions. The height regulations on walls and fences in residential districts shall not apply to tennis courts or any other uses that the building official deems appropriate;

(i)

Additional requirements. Where B-L, B-M, B-D, I-L or I-H zoning districts abut or abut alleys that abut R-SF, R-T, R-Z, R-D, R-MF, RMHS or RMHP zoning districts, a solid wood fence of at least six feet in height and not more than eight feet in height and complying with the regulations listed above shall be erected by the owners of such property in B-L, B-M, B-D, I-L or I-H zoning districts at both the rear and side property lines.

(Ord. No. 2015-03, § II, 3-12-2015)

126.5.2.1. Accessory buildings. All accessory buildings must comply with the street right-of-way and side lot boundary setbacks, but (subject to the remaining provisions of this chapter) shall be required to observe a five-foot setback from rear lot boundary lines.

126.5.2.2. Erection of more than one principal structure on a lot. No more than one principal structure may be erected on a single lot. Land must be subdivided and the platting procedure and other procedures must be followed if an owner wants to construct more than one principal structure on a lot.

126.5.2.3. Structures to have access. Every building hereafter erected or moved shall be on a lot, except as provided for residential uses that allow less than a minimum 60-foot lot width, having a minimum frontage no more than ten feet less than the minimum lot width as measured at the front and rear building setback line, whichever is less; and with legal and physical vehicular access to a public street, and all structures shall be so located on lots as to provide safe and convenient vehicular access for servicing, fire protection, and required off-street parking.

126.5.2.4. Use of major recreational equipment (including recreational vehicles). No major recreational equipment, including recreational vehicles, shall be used for living, sleeping, or housekeeping purposes in any residential zone (except R-MHP) or any other location not approved for such use.

126.5.2.5. Preexisting wrecking or junk yards. Any wrecking or junkyard including those existing prior to this chapter shall have constructed a complete surrounding solid wall or fence at least ten feet high which shall hide from public view the wrecking or junkyard premises. Wire or chain link fences are ineffective at concealing these yards and therefore are prohibited.

126.5.2.6. Annexed land. At such time as territory may be annexed by the city, it shall continue to be zoned, according to the comprehensive plan, and subject to such land use restrictions. Provided, however, if such territory is not subject to zoning or land use restrictions, the city council shall as a condition of such annexation, zone according to the comprehensive plan, such territory.

126.5.2.7. By-right uses. No use is permitted in any district unless it is specifically allowed by the regulations governing such district. Any use not named in any district is prohibited from the entire city. A use named in any district and not named in any other district is allowed only in the district where it is named. Where district regulations specifically allow permitted uses from another district, such shall allow only those uses appearing under the permitted uses section of such other district. Where district regulations specifically allow conditional uses from another district, such shall allow only those uses appearing under the conditional uses of such other district. Uses can be added through the amendment process described by this chapter.

126.5.2.8. Visibility triangles (also clear site [sight] triangle). Visibility triangle areas at the intersection of public streets with other public streets and/or private driveways must be provided in all zoning districts.

126.5.2.9. Portable storage containers. A portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise or nonhazardous materials. The maximum allowable size for this type container in residential districts is eight feet in height, eight feet in width, and 20 feet in length.

Extenuating circumstances. For the purpose of this chapter, extenuating circumstances shall include, but not be limited to, any natural disasters, fire or acts of God.

Regulations. Portable storage containers located outside of an enclosed building or structure in all districts shall be allowed only as specified in this section and subject to the following regulations:

(a)

Residential-zoned property. 60 days, with no more than two containers at a time during the 60-day period;

(b)

Nonresidential-zoned property. 90 days, not more than three times a year;

(c)

Motor vehicle operation. Portable storage units shall not be located in such a manner as to impair a motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way;

(d)

Location. Portable storage units shall not be placed on any public property or easement and, when at all possible, portable storage units should be placed on a concrete or asphalt surface no closer than five feet from all property lines;

(e)

Condition of containers. All portable storage containers in use on a lot shall be in a condition free from rust, peeling paint and other visible forms of deterioration;

(f)

Advertising. Advertising is prohibited on a temporary storage unit with the exception of the name or logo and phone number of the vendor of the unit;

(g)

Removal of units. Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of the building official for removal of such temporary structure for safety reasons, may be ordered removed by the city immediately, without notice and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the city.

The building official may grant the placement of a portable storage container for a longer period of time provided and only as specified in this section and subject to the following regulations:

(a)

The property owner has demonstrated that extenuating or emergency circumstances exist to justify the extension and such extension shall be subject to the following provisions;

(b)

As with trash dumpsters and portable toilets, portable storage containers may be permitted to exist and coincide with a valid building permit for purposes of reconstruction and/or remodeling of said residence;

(c)

Any extension of time greater than 30 days must coincide with a valid building permit for reconstruction;

(d)

The number of permitted portable storage units for all uses shall be decided by the building official based on the amount of construction, size of property and the ability to locate the portable storage units in accordance with the requirements.

126.5.2.10 Electric meters. As associated with a primary structure, a second electric meter will be allowed for a detached garage and/or an accessory building.

(Ord. No. 2015-03, § II, 3-12-2015)

126.5.3.1. Types of home occupations.

(a)

Office in the home—A home office creating or manufacturing home crafts without on-site sales; no on-site parking of commercial vehicles; and no more than three client contacts in the home per week. This does not include on-site manufacturing, warehousing, and sales, or home occupations which employ anyone not related by blood or marriage to the business owner, or who does not reside on the premises.

(b)

Home crafts—Creating or manufacturing an item, including, but not limited to, dressmaking, knitting, the manufacture of crafts, woodworking, drawing, painting, and sculpting. This does not include those home occupations which employ more than one person not related by blood or marriage to the business owner, or who does not reside on the premises. No more than three client contacts in the home per week are permitted.

(c)

In-home sales and service—A home occupation that does not meet the definition of "office in the home" or "home crafts" but does not include those home occupations that employ more than one person not related by blood or marriage to the business owner, or who does not reside on the premises.

(d)

Home-based business—Any home occupation that employs more than one person not related by blood or marriage to the business owner or who does not reside on the premises.

126.5.3.2. Types of businesses that do not qualify as home occupations. The following uses do not qualify as home occupations:

(a)

Service, repair, or painting of any motorized vehicle, including, but not limited to, motor vehicles, trailers, boats, personal watercraft, and recreation vehicles;

(b)

Dispatch centers;

(c)

Medical or dental clinics;

(d)

Rental businesses;

(e)

Contracting, excavating, welding, or machine shops;

(f)

Commercial kennels and veterinary clinics;

(g)

Tow truck services;

(h)

Sale, lease, trade or other transfer of firearms or ammunition;

(i)

Sale or use of hazardous materials in excess of consumer quantities packaged for consumption by individual households for personal care or household use;

(j)

Any other use of residential property deemed detrimental or inconsistent with the residential character of the neighborhood.

126.5.3.3. Number of people allowed. No more than three persons shall be engaged in such home occupation on the site which shall include no more than one full-time or part-time employee on site other than the residents of the dwelling unit, provided that one off-street parking space is made available and used by that nonresident employee.

126.5.3.4. Size of home occupation. A maximum of 30 percent of the interior floor area of the dwelling may be devoted to the home occupation, inclusive of any detached accessory buildings used for the home occupation.

126.5.3.5. Number of home occupations per dwelling unit. No more than one home occupation may occur per dwelling unit.

126.5.3.6. Traffic generation. The maximum number of vehicles that may visit the home occupation site per business day is ten cars of employees or clients and in no case can a home-based business generate more than the greater of 30 vehicle trips per day nor more than five percent of the average daily traffic volume of the adjacent street. Peak-hour generation may not exceed 16 vehicle trips, and deliveries or service by commercial vehicles or trucks over ten tons gross empty weight cannot visit any home-based business located on a local street.

126.5.3.7. Signage. Relating to signage for the home occupation, there shall be no exterior display or exterior signage allowed except as allowed by the sign regulations for the district in which such home occupation is located. Only one interior sign relating to the home occupation may be displayed in an existing window. This sign shall be a maximum area of three square feet and the sign must be unanimated, nonilluminated and flat.

126.5.3.8. Incidental use. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purpose. No noise, odors, bright lights, electronic interference, storage, or other external effects attributable to the home occupation shall be noticeable from any adjacent property or public right-of-way.

126.5.3.9. Storage. Storage in connection with any home occupation shall be totally enclosed within the home and limited to items that have been ordered by a customer, but have not been delivered to the customer. Chemicals, both liquid and dry, used in connection with any home occupation shall be limited to storage within single five-gallon containers or smaller. No home occupation shall discharge into any sewer, drainage way, or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.

126.5.3.10. Exterior alterations. External alterations to any existing residential dwelling unit that change the character of the dwelling unit from residential are prohibited. No external evidence of the home occupation is allowed except for permitted signs and required off-street parking. Mechanical, electrical, or other equipment used by the home occupation which produces noise, electrical, or magnetic interference, vibration, heat, or glare, or other nuisance may not be located outside the residential or accessory structure.

126.5.3.11. Additional vehicles on site. Any home occupation cannot use more than one commercial vehicle and the commercial vehicle must be stored in an enclosed garage. On-site parking or storage of heavy commercial vehicles in connection with the home occupation is prohibited.

(Ord. No. 2015-03, § II, 3-12-2015)

126.5.4.1. Compliance required. Unless otherwise stated, no land, building or structure in any district must be used or occupied that would create any dangerous condition or dangerous element that might adversely affect the surrounding area.

Examples of dangerous conditions:

Injurious conditions;

Noxious use;

Fire/explosion;

Noise/vibration;

Smoke/dust or other form of air pollution;

Heat/cold/dampness;

Electrical or other substance.

126.5.4.2. Performance standard regulations. The following development standards apply only within the I-L and I-H zones.

(a)

Exterior noise. For the purpose of determining compliance with the noise standards in this section, noise levels are to be measured at any residential property line within any permanent residential zoning district.

(1)

For noise emanating from a property located within any residential zoning district, the maximum allowable noise levels will be as follows:

(2)

For noise emanating from a property located within any business zoning district, the maximum allowable noise levels shall be as follows:

(3)

For the noise emanating from a property located within the I-L light industrial zoning district, the maximum allowable noise levels shall be 70 dB(A).

(4)

For noise emanating from a property located within the I-H industrial zoning district, the maximum allowable noise levels shall not exceed 75 dB(A).

Exceeding noise levels.

(5)

Noise emanating from a property within any I-L or I-H district may exceed:

a.

The allowable noise level plus up to five dB(A) for a cumulative period of no more than 30 minutes in any hour; or

b.

The allowable noise level plus six to ten dB(A) for a cumulative period of 15 minutes in any hour; or

c.

The allowable noise level plus 11 to 15 dB(A) for a cumulative period of five minutes in any hour; or

d.

The allowable noise level plus 16 or more dB(A) for a cumulative period of one minute in any hour.

Adjustment clause.

(6)

In the event that existing ambient noise levels exceed the allowable noise levels in subsections (1) to (5), the maximum allowable noise levels for the property in question can be increased to allow the uses for which the property is zoned.

Nonmeasuring noises.

(7)

For the purpose of determining compliance with the noise standards in this section, the following noise sources will not be included:

a.

Noises not directly under control of the property owner, lessor, or operator of the premises;

b.

Noises emanating from construction, grading, repair, remodeling, or any maintenance activities between the hours of 8:00 a.m. and 8:00 p.m.;

c.

Noises of safety signals, warning devices, and emergency pressure relief valves;

d.

Transient noise of mobile sources, including automobiles, trucks, airplanes and railroads.

Occasional outdoor gatherings pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events.

Measurements.

(8)

For the purpose of determining compliance with the noise standards in this section, noise levels are to be measured at any residential property line within any permanent residential zoning district.

(b)

Vibration. No vibration from any use within any zoning district must be permitted which is perceptible without instruments at the property line of any residentially zoned or used property.

(c)

Lighting and glare. It will be unlawful for anyone to control any lighting including, but not limited to, spotlights, floodlights, or similar illuminating devices not on the owner's property. Those which project a glare or brightness in excess of the standards described below, directly or indirectly upon a lot, tract, or parcel of land other than that upon which such lighting is situated, must also be disallowed if they annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of others, within the limit of the city.

Boundary limits. All lighting in the city consisting of spotlights, floodlights, or similar illuminating devices must be installed, hooded, regulated and maintained by the owner or person in control thereof in such a manner that the direct beam of any light does not glare upon any lot, tract, parcel of land other than that upon which it is situated, and so that it will not create any illumination from direct or indirect lighting in, on, or over the ground beyond the boundary of the lot, parcel, or tract above the following levels: one foot-candle where the adjacent development is zoned for non-residential uses one-quarter foot-candle where the adjacent development is zoned for residential uses.

Shielding required. All exterior light sources visible to pedestrian or vehicular off-premises traffic are required to be shielded, except as provided below, so that the light source is not visible to said pedestrian or vehicular traffic. Lights elevated on standards, for example in parking areas, shall be side-shielded on off-premises pedestrian or vehicular travel sides. Lighting mounted on low standards (such as bollard lights) is the preferred method for illuminating smaller parking areas and walkways.

Exceptions.

(1)

Unshielded lighting facing off-premises pedestrian or vehicular sides of the property will be permitted provided the light source is not in excess of 1,700 lumens.

(2)

Historical-style or architectural lighting visible to pedestrian or vehicular off-premises traffic must be permitted provided that the fixtures does not cause or permit any illumination in, on, or over the ground at/or beyond the boundary of the lot, parcel, or tract above the following levels: one foot-candle where the adjacent development is zoned for nonresidential uses or one-quarter foot-candle where the adjacent development is zoned for residential uses.

Compliance required. This article will apply to all new facilities upon adoption and publication as required by law. All existing facilities with lighting in place on the date of adoption shall comply with the requirements herein 24 months after the effective date of the article by installing shielding, redirecting lights, or other steps necessary for compliance. The commission may grant a one-time extension of up to an additional 24 months if the property owner or agent can demonstrate hardship, including undue expense related to the time required for facilities replacement. Further, existing publicly owned facilities would be required to comply with the requirements herein before the 24-month limit is reached if the facilities undergo renovation to the exterior or the overall renovation exceeds 50 percent of the costs of construction of the existing facilities.

(d)

Particulate air contaminants. No emissions, dust, fumes, vapors, gases or other forms of air pollution shall be permitted in violation of the rules and regulations of the Texas Commission on Environmental Quality (TCEQ), the Environmental Protection Agency (EPA) or any other laws pertaining to environmental protection.

126.5.4.3. Exceptions from performance standards. The owner or operator of any building, structure, operation or use which violates any performance standard may file an application for a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. The board of adjustment within the city may grant variances with respect to time of compliance, subject to terms, conditions and requirements, as it may deem reasonable to achieve maximum feasible compliance with the provisions of this section. In its determinations, the zoning board of adjustment shall consider the following:

(a)

The magnitude of the nuisance caused by the violation;

(b)

The uses of property within the area of impingement by the violation;

(c)

The time factors related to study, design, financing and construction of remedial work;

(d)

The economic factors relating to age and useful life of the equipment;

(e)

The general public interest, welfare and safety; and

(f)

Unique hardships.

(Ord. No. 2015-03, § II, 3-12-2015)

126.5.5.1. Purpose. It is the purpose of this section to establish guidelines for parking spaces consistent with the proposed land use to:

(a)

Reduce the occurrence of on-street parking throughout the city;

(b)

Avoid traffic congestion and public safety hazards;

(c)

Expedite the movement of traffic on public thoroughfares in a safe manner and thus increase the carrying capacity of streets;

(d)

Reduce amount of land required for streets and thus reduce costs for both the city and owner; and

(e)

Ensure that parking facilities meet basic requirements.

126.5.5.2. General parking requirements.

(a)

Area to be allocated for parking spaces shall be calculated based on the gross floor area of the building proposed. See table of parking requirements below;

(b)

While determining the number of parking spaces required as a result of calculation thereof, any fraction of one-half or less shall be disregarded and a fraction in excess of one-half shall be counted as one parking space;

(c)

The city council recognizes that the table of parking requirements cannot and does not cover every possible situation that may arise. Therefore, in cases not specifically covered, the permit issuing authority is authorized to determine the parking requirements using the table as a guide;

(d)

All parking proposed shall be located on the same lot with the proposed building or in a detached but dedicated lot, not more than 400 feet from the primary entrance of the proposed building;

(e)

Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights-of-way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation or other obstruction; and

(f)

Circulation areas and parking spaces shall be clearly designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles.

(g)

Residential districts R-SF, R-D, R-T, and R-Z, in addition to the minimum on-site parking requirements listed in subsection 126.5.5.4, shall provide a minimum of one guest parking space on-site. All spaces must be located on a hard surface material, either concrete, asphalt, or concrete pavers, with a hard surface private driveway connection between the on-site parking spaces and the public street fronting or siding the residential lot.

126.5.5.3. Space requirements.

(a)

Each parking space should contain a rectangular area at least 18 feet long and nine feet wide. For residential uses the width of the parking space need not be more than nine feet. For parallel parking the dimensions of such parking spaces should not be less than 22 feet by ten feet. See also table of parking requirements below;

(b)

Parking spaces may be aligned in any angles, as long as the rectangular area conforms to the size mentioned above. See table of aisles and angles below.

_____

126.5.5.4. Table of parking requirements.

126.5.5.5. Table of aisles and angles.

Note: All dimensions above are in feet

126.5.5.6. Maintenance and design specifications.

(a)

All aisles and stalls shall be paved with all-weather-resistant material and drained in such a manner that runoff will be channeled into a storm water drain, or other outlets.

(b)

Any light used to illuminate or identify a parking or loading shall be placed so as to reflect the light away from the adjacent dwellings and so as not to interfere with traffic control devices. Areas unusable for parking or maneuvering space shall be landscaped. See parking with landscape below.

126.5.5.7. Parking exceptions.

(a)

Where several different property uses will share a joint parking area, the parking requirements shall be computed based upon overall development. This figure may be reduced by up to 20 percent if the various users need the spaces at different times of day, as determined by the building official.

(b)

Parking for the physically disabled shall be provided so as to provide the most convenient access to entryways or to the nearest curb cut. Number of designated parking spaces shall comply with the standards listed below:

(c)

The minimum off-street parking requirements may be reduced up to a maximum of 20 percent for sites greater than ten acres in size, where an equal percent of the total parking area has been retained and developed as landscaped open space, as determined by the building official.

(d)

For existing uses, where required parking is not available due to a change in use or expansion of use, parking may be provided at a nearby lot, where that nearby lot is not already sharing with another use. Distance between the nearby lot and the existing primary building entrance should not exceed 400 feet. The additional area provided for parking requirement in such cases, shall comply with the use expansion or change (See table of parking requirements). A long-term lease for off-site parking must be provided. If additional spaces are no longer available and an alternate location cannot be obtained, the certificate of occupancy becomes void and a new certificate of occupancy is required.

126.5.5.8. Off-street loading requirements. The intent of this section is to ensure that adequate off-street loading is provided with the construction, alteration, or change of use of any business or structure, or with any change in land use. Whenever the normal operation of any development requires that goods, merchandise, passengers, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and loading area must be provided in accordance with this section to accommodate the delivery or shipment operations in a safe and convenient manner. The following minimum loading and unloading requirements shall be complied with in all districts:

(a)

All permitted or permissible uses requiring loading space for normal operations shall provide adequate loading space so that no vehicle being loaded or unloaded in connection with normal operation shall stand in or project into any public street, walk, alleyway, required front yard, or common ingress-egress easement;

(b)

Adequate off-street loading facilities shall be separated and not considered to be a part of required off-street parking facilities;

(c)

Loading areas shall be paved in conformance with paving requirements specified in off-street parking standards;

(d)

Each off-street, merchandise loading space shall be no less than 12 feet by 30 feet, and each off-street passenger loading space shall be no less than ten feet by 22 feet, with a clear height of 14 feet.

The number of loading and unloading spaces provided shall satisfy the following standards:

(Ord. No. 2015-03, § II, 3-12-2015)

126.5.6.1. Purpose. The sign regulations are designed to ensure safety and protect the well being of the community within the city by primarily regulating construction, erection, sizes, aesthetics and maintenance of signs within the city.

126.5.6.2. Definitions.

Billboard—A freestanding pole sign at least 128 square feet in size, and eight feet above the ground surface which advertises or directs attention to a business, product, service, or event, not appurtenant to the use(s) of the property on which it is located.

Sign—Any surface, fabric, device, display or visual medium, including the component parts, which bears letters, pictorial forms or sculptured matter, including logos, used or intended to be used to convey information or to attract attention to the subject matter of such sign. Graphics painted upon the side of a building which carry no advertising shall not be construed to be a sign, except where such graphics pictorially display products or business that convey an advertising intent. The term "sign" includes the sign structure.

Sign area—The total area, as an imaginary "box," that will contain the entire sign excluding architectural embellishments and supports on neither of which there is displayed any advertising material or lighting.

Sign, freestanding—A sign attached to or supported from the ground and not attached to a building.

Sign, ground—Any sign mounted on freestanding poles or columns, not attached to a building, that is anchored in the ground.

Sign, internally illuminated—Any sign where the source of illumination comes from within or directly behind the sign itself, as opposed to light that is illuminated on to a sign.

Sign, monument—A sign anchored in the ground, and not elevated by any columns or poles, usually constructed of some type of masonry or naturally based rock form.

Sign, portable—Any sign designed to be easily moved from one location to another, usually attached/atop a trailer or wheels.

Sign, temporary—A sign that is constructed and/or intended to be used for less than 15 days.

Sign, wall—A sign, flush to the exterior surface of a building, whether applied directly on the building or a signboard attached flush to the building, either of solid face construction or individual letters attached to the exterior of any building or structure.

126.5.6.3. Exemptions. The following types of signs are exempt from this section:

(a)

Government signs;

(b)

Utility signs;

(c)

Transportation authority sign;

(d)

Vehicle signs;

(e)

Residential sale and rent signs;

(f)

Lot sale signs;

(g)

Political signs;

(h)

Directional signs;

(i)

Temporary signs;

(j)

Flags or government insignias except when used in commercial displays;

(k)

Signs used to advertise an event sponsored by a nonprofit organization or religious organization.

126.5.6.4. Permit requirements and process. Applications for permits are made to the office of the building official. The office of the building official has three weeks to review and approve or deny a sign application. If the sign is part of a new site plan, the sign will be reviewed during the normal site plan process.

The building official shall enforce and administer the provisions of the sign regulations. The zoning board of adjustments (ZBA) is authorized to hear and administer all signage appeals.

Two-week temporary permits may be granted. The drawings are not required for temporary permits, although the application fee is still required. Portable signs and banners are allowed with two-week temporary permits to advertise a special event.

Applications for permits must contain:

(a)

The signature of the applicant;

(b)

The name and address of the sign owner and party erecting the sign;

(c)

Three scaled line drawings showing the design and dimensions of the sign and standard sign structure; and

(d)

Three scaled line drawings of the site plan or building facade indicating the proposed location of the sign.

126.5.6.5. Prohibited signs. Prohibited signs include:

(a)

Signs erected or maintained on public property unless a permit granting temporary use is issued;

(b)

Signs on private property without the consent of the owner; or

(c)

Unsafe signs, including, but not limited to:

1.

Any sign that is physically endangering people or property;

2.

Any sign that misleads people unjustifiably causing danger;

3.

Any sign that obstructs the view of pedestrian or vehicular traffic.

126.5.6.6. Sign regulations for specific zoning districts.

R-SF, R-D, R-T, R-Z, R-MF, R-MHP1, R-MHS district permitted signs.

(a)

One monument sign not to exceed 15 square feet is allowed per development to mark subdivisions, duplex developments or multi-family developments.

(b)

Multi-family residential developments are allowed to erect one monument sign and one wall sign per 50 housing units. The monument sign cannot exceed 15 square feet and the wall sign cannot exceed 60 square feet.

(c)

No signs shall exceed 12 feet in height.

B-L, B-M, B-D, I-L, I-H, PUD, WF, HP, BC districts permitted signs.

(a)

For one business establishment on the premises, not more than two signs are allowed, any one of which may not exceed 100 square feet and both not to exceed 150 square feet.

(b)

Where two or more business establishments utilize a common building, they shall collectively only be entitled to one sign not to exceed 250 square feet. The sign division within the development is the responsibility of the property owner or their management company. The common building is allowed one ground or monument sign not to exceed 100 square feet. In addition, one wall sign not to exceed 100 square feet per business establishment is permitted.

(c)

No sign shall exceed 25 feet in height.

126.5.6.7. Maintenance and removal of signs.

(a)

Signs should be kept in good repair and neat in appearance, including, but not limited to, the replacement of lights and new paint. All structural aspects of signs should be checked for safety regularly.

(b)

Whenever a sign is removed from a building or structure, the building or structure shall be cleaned, painted or otherwise altered and all supports, brackets, mounts, utilities or other connecting devices shall be removed so that there is no visible trace of the removed sign.

(c)

If the building official deems a sign is not being maintained well or the sign removal has not been completed, a notification letter will be sent to the property owner giving the owner 30 days to correct any mentioned problems. If the problem is not corrected within 30 days, the building official can choose to remove or disassemble the sign, charging the owner for the cost to do so, or fine the property owner.

126.5.6.8. Nonconforming signs.

(a)

All signs that were legally permitted before the effective date of this article and are not in compliance with this article shall be considered legally existing nonconforming signs.

(b)

Legal nonconforming signs will be kept in good repair.

(c)

Nonconforming temporary or portable signs shall be removed or comply with this article no later than 90 days after the effective date of this article.

(Ord. No. 2015-03, § II, 3-12-2015)

All public utilities are exempt from all zoning requirements. These utilities include, but are not limited to, public water lines, public sanitary sewer lines, public storm sewer lines, public stormwater detention/retention facilities, public lift stations, public water plants, public water wells, public water pumping facilities, public water storage facilities, and public sewer plants. Also, any above-ground electrical, telephone, or cable facilities on sites no greater than 25 feet by 25 feet are exempt from all zoning requirements.

(Ord. No. 2015-03, § II, 3-12-2015)

126.5.8.1. Location of recreational vehicles. No recreational vehicle shall be used as a dwelling or occupied in R-SF, R-D, R-Z, R-T, or R-MF zones. City council may, in a declared emergency, allow temporary location and/or occupancy of recreational vehicles, by special permit, in any location within the city limit.

126.5.8.2. Approval of plans and plats required.

(a)

Any person intending to establish a recreational vehicle park shall first submit a site plan meeting all the requirements of this section to the planning and zoning commission for a recommendation to city council and final consideration by city council.

(b)

The applicant shall submit three reproducible copies of the plan to the building official, who will submit one reproducible copy (and make the appropriate number of copies) to the planning and zoning commission for its review. Such submission is to be at least eight days prior to any meeting at which the plan is to be considered. The applicant shall meet with the building official prior to submission of plans to discuss the intended development to ensure compliance with the basic requirements and to arrive at a coordinated plan layout. The plan shall consist of an accurate drawing at a scale of not more than 200 feet to the inch, which shows the exact dimensions of the tract of land under consideration, its relationship to existing and proposed streets and contiguous properties, the type and use of all adjacent property, access provisions, and the exact land use proposed for the entire tract, including screening devices, private driveways, recreational vehicle sites, usable open space, parking, lighting, utilities, structures, and any other items required to properly describe the proposed park layout. No person shall alter a recreational vehicle park to the extent of changing or significantly adding to that which is shown on the site plan on file with the building official until first filing an amended site plan in the same manner as the original site plan. The building official shall have the right to refuse to examine any incomplete, unintelligible, or indefinite site plan.

(c)

The building official shall notify the applicant in writing as to whether the plan was approved or disapproved, stating the reasons for disapproval and the modifications or conditions that must be made or met before the approval can be obtained upon subsequent submission.

126.5.8.3. Application for recreational vehicle park license required; duration; fee; display.

(a)

Application for license. Application for a license to operate a recreational vehicle park, or a renewal, shall be made to the building official of the city. Such application shall state the name and address of the person desiring to engage in such business, and if the applicant is a partnership or corporation, the names and addresses of the respective partners and/or directors, and a description of the property, including street address of the premises where such RV park is to be operate so that it can be easily identified. It shall also give the name of the owner of such premises, and such other and further information as required by the city.

(b)

Required duration. It shall be unlawful for any person to establish, maintain, conduct or operate any present or future recreational vehicle park within the city limit without first obtaining a license for such operation from the building official of the city. Such license shall be for the calendar year or any part of such year, ending on December 31 of each year.

(c)

Fee. The annual fee for each license or renewal to operate a recreational vehicle park shall be $1.00 per site for the first 50 sites, plus $0.50 for each RV site over and above 50 RV sites in an RV park.

(d)

Display. The license for recreational vehicle parks must be conspicuously displayed at such parks at all times.

126.5.8.4. Building permit required. No person shall erect or construct, or proceed to erect or construct, add to, enlarge, improve, alter, repair, convert, extend or demolish any recreational vehicle park, RV site, building structure, fence or any part, thereof, or install any plumbing, electrical or mechanical equipment as a part of the park, building or structure, or make any other improvements to any RV site, or cause the same to be done within an RV park without obtaining a building permit from the building official. The building permit shall be granted only after a license has been secured as set out in subsection 126.5.7.3, and the building official has determined that all work to be permitted conforms to the site plan or plat and the requirements of this section.

126.5.8.5. Minimum standards. Any recreational vehicle park established, constructed, or erected after the date of the adoption of this chapter shall conform to and comply with the following minimum standards:

(a)

Park area. Each recreational vehicle park shall be planned for and provide a minimum of two acres gross in area.

(b)

Density. Each recreational vehicle park shall not exceed an overall density of 15 recreational vehicle sites per gross acre.

(c)

Private drives. Private drives shall be provided and shall extend continuously from the public street right-of-way so as to provide suitable access to all RV sites and other facilities or uses permitted in the RV park as well as provide adequate connection to future streets at the boundaries of the RV park property line. Private drives within the RV park shall meet the following standards:

1.

Minimum pavement widths shall be as follows:

a.

Class 1. Private drives which provide direct access to five or more RV sites, 20 feet;

b.

Class 2. Private drives which provide direct access to less than five RV sites, 14 feet.

2.

Private drive intersections shall generally be at right angles; offsets at intersections of less than 125 feet (centerline to centerline) shall be avoided; intersection of more than two streets at one point shall be avoided.

3.

Dead-end private drives shall be limited to a maximum length of 600 feet and shall be provided with a vehicular turning space with a minimum turning circle of 80 feet in diameter.

4.

All private drives shall be provided with a concrete or other hard-surface-equivalent material, which shall be durable and well-drained under normal use and weather conditions.

5.

Private drives which may connect two public street rights-of-way shall, by the use of curves, offsets, location, and/or the use of two or more streets, be located so as to discourage through traffic.

(d)

Recreational vehicle site. Each recreational vehicle site shall conform to the following minimum standards:

1.

Be at least 1,500 square feet in area with a minimum width of 25 feet.

2.

Have an asphalt, concrete or other surface of equivalent material which shall adequately support the weight of the recreational vehicle placed upon the surface and be durable and well-drained under normal use and weather conditions.

3.

No part of a recreational vehicle may be closer than five feet to an RV site boundary line.

4.

Be served with water and electrical power by means of adequate and safe connections.

(e)

Usable open space. A minimum of ten percent of the gross site area for the recreational vehicle park shall be set aside as open space or as common use areas for open or enclosed recreational facilities. No recreational vehicle site, street right-of-way, driveway, storage area or utility site shall be counted in meeting this requirement.

(f)

Vehicle parking. At least one and two-tenths parking spaces shall be provided in the recreational vehicle park for each recreational vehicle site. At least one parking space shall be provided at each site. Vehicle parking shall:

1.

Be located on or within the RV park and be easily accessible to the occupants and visitors;

2.

Have concrete, asphalt, or other surface of equivalent material;

3.

Be accessible to a private drive;

4.

Have spaces appropriately defined and marked;

5.

Be so located and regulated that no parking or maneuvering incidental to parking, shall be on any public street, private driveway, or walk;

6.

Provide adequate barriers to keep any parked vehicles from extending into or overhanging any public dedicated street or private driveway; and

7.

Be so designed that any vehicle may be parked and un-parked without requiring the moving of any other vehicle.

(g)

Location of accessory structures. No recreational vehicle accessory structure such as a refuse container, carport, cabana, awning, fence, or storage locker shall be permitted within ten feet of a private drive. The setbacks from the rear RV site boundary line (side opposite the private drive) shall be not less than five feet, and from other RV site boundary lines shall not be less than three feet, save and except a fence. Where the requirements of subsection (i) or this chapter conflict, the greater setback shall govern.

(h)

Setback and screening.

1.

A screening device as defined in subsection 126.5.1.1 may be required by the planning and zoning commission along all recreational vehicle park boundary lines.

2.

Accessory uses, as that term is used in this section, shall not be located closer than ten feet to any RV site boundary line.

(i)

Maintenance of park. The owner of the RV park shall be responsible to ensure that it is maintained in a manner which will not attract or aid the propagation of insects or rodents or create a hazard. Growth of plant materials such as weeds and grass, especially beneath recreational vehicles and other structures, shall be continuously controlled.

(j)

Signs and illumination. If an RV park is located in or adjacent to a residential district, no unshaded light shall be located so as to constitute a nuisance to residential uses. No billboard-type signs or flashing or moving signs, or signs with externally exposed bulbs or lighting tubes affixed to the surface area, shall be allowed in any RV park located in or adjacent to a residential district.

(k)

Drainage. The ground surface in all parts of every recreational vehicle park and especially beneath recreational vehicles and other structures shall be graded and equipped to drain all surface water in a safe, efficient manner so as not to permit water to stand or become stagnant.

(l)

Lighting. Private drives, parking lots, walks and service areas shall be kept adequately lighted at all times so the recreational vehicle park shall be safe for occupants and visitors but in all cases all entrances and exits shall be lighted.

(m)

Fire protection. Water lines and fire hydrants shall be provided and suitably located for adequate fire protection as determined by the fire chief, but in no case shall the RV park provide less than a system of standard hydrants located not more than 50 feet from each recreational vehicle site and served by water lines not less than six inches in diameter installed in a looped system.

(n)

Refuse disposal. Durable, watertight, easily cleanable refuse containers, sufficient to contain all the refuse, shall be provided at each service building and sanitary waste station, or at a central storage area readily accessible and located not more than 300 feet from any recreational vehicle or picnic site, unless provided at the recreational vehicle site. Refuse containers shall be provided at a rate of eight cubic feet, or 60 gallons for each five recreational vehicle sites or the equivalent if containers are provided at individual RV sites. A pickup easement shall be granted by the owner of the recreational vehicle park to the city if these facilities are located that require the entrance of any municipal vehicle into the RV park.

(o)

Sanitary waste stations. An acceptable sanitary waste station, approved by the building official and the city health inspector, shall be provided for each 100 RV sites, or part of such number, not equipped with individual sewer connections.

(p)

Effect of other ordinances. All RV park facilities and recreational vehicles contained therein shall conform without limitation to the codes and ordinances of the city, including building, plumbing, electrical, and fire codes.

126.5.8.6. Uses permitted. No use except the following shall be permitted in any recreational vehicle park:

(a)

Recreational vehicle;

(b)

Management headquarters as an accessory use;

(c)

Recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to the operation of a recreational vehicle park are permitted as accessory uses to the RV park, subject to the following restrictions:

1.

Such facilities and services shall be restricted in their use to occupants of the recreational vehicle park;

2.

Such facilities and services shall present no visible evidence from any street outside the RV park of their commercial character which would attract customers other than occupants of the RV park;

3.

The structures housing such facilities shall not be located closer than 100 feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from streets within the RV park.

126.5.8.7. Permanent occupancy.

(a)

No recreational vehicle park shall be used as a permanent place of residence, dwelling, or business for indefinite periods of time. Continuous occupancy extending beyond three months in any 12-month period shall be considered to be permanent occupancy.

(b)

Any action toward removal of the wheels of a recreational vehicle, except for temporary purposes of repair, or to attach the recreational vehicle or trailer to the ground for temporary stabilization, is prohibited.

126.5.8.8. Toilet and lavatory facilities required.

(a)

Water-flush toilets and urinals shall be provided and shall not be further than 300 feet from any recreational vehicle site.

(b)

At least one toilet and one lavatory shall be provided for each sex at a rate of one each for each 20 RV sites or fractional part. Shower facilities shall be provided for each sex at a rate of one each for every 30 RV sites or fractional part. Lavatories shall be provided at each building containing toilet facilities.

(c)

Men's toilet rooms shall have urinals where more than two toilets are required. Urinals may be substituted for up to one-third of the required number of men's toilets.

(d)

All toilet, lavatory and shower facilities shall be maintained in a clean, sanitary and operable manner at all times.

126.5.8.9. Enforcing officers. It shall be the duty of the building official, chief of police, chief of the fire department, city health officer, or any of their designated representatives to make inspections to determine the existence of violations of this section. It shall be the duty of a recreational vehicle park owner or operator to permit city officials to enter upon such premises at all reasonable times in order that inspections may be made.

(Ord. No. 2015-03, § II, 3-12-2015)