(A)   Except as may otherwise be provided in §§ 155.230 through 155.237, Nonconforming Structures and Uses, all buildings erected hereafter, all uses of land or buildings established hereafter,

all exterior structural alterations or relocation of existing buildings occurring hereafter, and all enlargements or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which the buildings, uses or land shall be located.

   (B)   No application for a building permit or other permit or license, or for a certificate of zoning compliance, shall be approved by the Zoning Administrator, and no permit or license shall be issued by any other city department which would authorize the use or change in use of any land or building contrary to the provisions of this chapter, or the erection, moving, exterior alteration, enlargement, or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter.

   (C)   No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations as herein provided, nor shall the area of any lot be reduced below the minimum requirements herein established except by variance granted by the Council.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   In any district, more than one structure housing a permitted or permitted principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   In case an accessory building is attached to the main building, it shall be made structurally a part of the main building, and shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than 12 feet to the main building.

   (B)   A detached accessory building shall not be located in any required front yard.

   (C)   A detached accessory building shall not exceed one story, shall not exceed 12 feet in height and shall occupy no more than 30% of the area of any side or rear yard, provided further that no detached accessory building shall be placed nearer than four feet from any side or rear lot line, except in the case of alleys, which shall require 2½ feet.

(Ord. 221, passed 11-6-1995; Am. Ord. 246, passed 11-1-2004) Penalty, see § 10.99

   (A)   Where the average slope of a lot is greater than one foot rise or fall in seven feet of horizontal distance from the established street elevation at the property line, one story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.

   (B)   Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to chimneys, cooling towers, elevators bulkheads, fire towers, monuments, water towers, stacks, storage lofts, tanks, ornamental towers and spires, wireless towers, or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   The following requirements qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter. Measurements shall be taken from the nearest points of the wall of a building to the lot line question, subject to the following qualifications.

   (A)   Projections. Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed, except for the ordinary projections of window wells above the bottom of the yard or court, and except for the projections of sill belt courses, cornices, and ornamental features, shall not exceed 4½ feet.

   (B)   Fire escapes and balconies. Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers may extend into a required front or rear yard a distance not to exceed 4½ feet.

   (C)   Yard exclusive to building. A yard, court, or other open space provided about any building for the purpose of complying with the provisions of this chapter shall not again be used as a yard, court, or other open space for another building.

   (D)   Corner lots. The setback requirements shall be observed on each street side of a corner lot; provided, however, that the buildable width of a lot shall not be reduced to less than 30 feet.

   (E)   Setbacks in certain circumstances. A total setback requirement of 300 feet shall be mandatory for all land uses handling highly explosive or inflammable materials in quantity, such as gas service stations, bulk fuel or oil dealers and similar operations, from all schools, churches, hospitals, or any public meeting place having a seating capacity of 50 or more persons.

   (F)   Yards for open land uses. Where a lot is to be occupied for permitted uses without buildings or structures thereon, the side yards and front yards required herein for the zone within which the lot

is located shall be provided and maintained between the use and the respective lot lines; provided that side and rear yards shall not be required on lots without buildings or structures when used for garden purposes or public playgrounds.

   (G)   Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yard specified.

      (1)   In front yards.

         (a)   One-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting 2½ feet or less into the yard.

         (b)   A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than 3½ feet may be placed around such place.

         (c)   The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth which may cause danger to traffic on a street or public road by obscuring the view, except the wall, fence, or hedge may occupy part of a required yard, except that on corner lots there shall be a triangular area formed by the property lines of intersecting streets, intersecting alleys and streets, and a line joining points on lines 25 feet distance from the intersection, in which area there shall be no wall, fence or hedge, and trees shall be trimmed from the ground to a height of ten feet above curb level.

         (d)   On double frontage lots, the required front yard shall be provided on both streets.

      (2)   In side yards. Overhanging eaves and gutters projecting into the yard for a distance of two inches per foot of required side yard.

      (3)   In rear yards.

         (a)   Enclosed, attached, or detached off-street parking spaces; open off-street parking spaces; accessory structures, tool rooms, and similar buildings or structures for domestic storage; balconies, breezeways and open porches; one-story bay windows projecting 2½ feet or less into the yard; and overhanging eaves and gutters projecting 2½ feet or less into the yard.

         (b)   In determining the depth of rear yard for any building where the rear yard opens into an alley, one-half the width of the alley, but not exceeding ten feet, may be considered as a portion of the rear yard.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   Fences, walls in front yard. In any residence zone on any corner lot, no fence or accessory structure or planting shall rise over 2½ feet in height above the level of the public sidewalk within 20 feet of any corner, so as to interfere with traffic visibility across the corner. No fence or wall shrub planting of more than 2½ feet in height above the level of the public sidewalk shall be erected on any interior lot within ten feet of the front property line where it will interfere with traffic visible from a driveway.

   (B)   Fences in side yard. No fence or wall, other than a retaining wall, along a side line of a lot in a residential zone, shall be higher than six feet to the front yard setback line, unless any part above such a height has at least 50% of the surface uniformly open and unobstructed, unless the adjoining lot is not in a residential zone.

   (C)   Fences in rear yard. Fences having a height of eight feet or less may be used to locate property lines within the required rear yards in the residential district.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   Whenever any street, alley, or other public way is vacated by official action of the city, the zoning district adjoining each side of the street, alley or public way shall be automatically extended to the center of the vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   All areas within the corporate limits of the city which are under water and not shown as included within any zone shall be subject to all of the regulations of the zone which immediately adjoins the water area. If the water area adjoins two or more zones. the boundaries of each zone shall be construed to extend into the water area in a straight line until they meet the other district at a half-way point.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   Essential services shall be permitted as authorized and regulated by law and other ordinances of the city in any district, it being the intention hereof to exempt erection, construction, alteration, and maintenance from the application of this chapter.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

      (1)   Signs shall not be permitted within the public right-of-way or easements.

      (2)   Flashing or rotating signs resembling emergency vehicles shall not be permitted in any district.

      (3)   No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air or access to any building or structure.

      (4)   Upon notification by the City Council or Zoning Administrator that a sign is rotted, unsafe or unsightly, the owner of the sign or owner of property thereunder shall remove or repair the same.

      (5)   The owner, lessee or manager of any ground sign, and the owner of the land on which the same is located, shall keep grass or weeds and other growth cut, and debris and rubbish cleaned up and removed from the lot on which a sign is located.

      (6)   All non-commercial signs of any size may be posted from August 1 in a state general election year until ten days following the state general election.

      (1)   A nameplate sign identifying the owner or occupant of a building or dwelling unit, provided the sign does not exceed two square feet in surface area. The sign may be illuminated.

      (2)   A sign pertaining to the lease or sale of the building or property, provided the sign does not exceed four square feet in surface area. The sign shall not be illuminated.

      (3)   A temporary sign identifying an engineer, architect, contractor, or product engaged in or used in the construction of a building, provided the sign does not exceed four square feet in surface area and is removed prior to the occupancy of the building. The sign shall not be illuminated.

      (4)   One identification sign not to exceed 40 square feet in surface area, displaying location information for churches, schools, hospitals, nursing homes, clubs, offices, libraries or similar use. An additional sign will be permitted for a lot frontage exceeding 200 feet and every 200 feet thereafter. The sign may be illuminated. Flashing or scrolling signs may not be illuminated from 10:00 p.m. to 6:00 a.m.

      (5)   Directional, unilluminated signs not exceeding two square feet in surface area displaying directional information for churches, schools, hospitals, nursing homes, clubs, libraries or similar uses, excluding office or commercial establishments, provided that each use shall be limited to one sign per thoroughfare approach.

      (6)   Public street identification signs, traffic signs, and directional signs in any parking area where the signs are necessary for the orderly movement of traffic.

      (1)   The total surface area of all business signs on a lot shall not exceed two square feet per lineal foot of lot frontage, or 10% of the building frontage area, or 75 square feet in area, whichever is greater. Signs may be illuminated.

      (2)   Advertising sign structures shall be limited to one for a lot of 100-foot frontage or less, and to only one for each additional 100 feet of additional lot frontage.

      (3)   An advertising structure may not contain more than two signs per facing, nor exceed 55 feet in total length.

      (4)   An advertising sign erected within 100 feet of an adjoining residential district must also comply with the sign regulations outlined in division (B) of this section, Signs in residential districts.

      (5)   For corner lots, the frontage used to determine allowable sign area shall be the least dimension along a street, but an equivalent sign area shall be allowed facing the intersecting street.

      (6)   No sign shall project higher than six feet above the height of the building, or 32 feet above the average grade at the building line, whichever is greater.

      (7)   Signs painted on a building shall be governed by the square footage limitations specified above. Such signs shall be maintained in good condition and shall be repainted, removed, or painted out when, in the opinion of the Council and/or Zoning Administrator, they are not so maintained.

      (8)   Where a sign is illuminated, the source of light shall not be visible from any public right-of-way, and the light shall be directed away from any residential district.

      (9)   No signs shall project more than one foot perpendicular to the building.

      (1)   Advertising sign structures shall be limited to one for a lot of 100-foot frontage or less, and to only one for each additional 100-foot frontage or less, and to only one for each additional 100 feet of additional lot frontage. The structures shall not exceed 55 feet in length. No advertising sign may be erected within 100 feet of a residential district. Signs may be illuminated.

      (2)   Sign lighting shall not be directed toward a public right-of-way or any residential district.

      (3)   The total surface area of all business signs on a lot shall not exceed three square feet per lineal foot of lot frontage, or 20% of the building frontage area, or 300 square feet in area, whichever is greater. Signs may be illuminated.

(Ord. 221, passed 11-6-1995; Am. Ord. 274, passed 4-21-2014; Am. Ord. 298, passed 1-16-2024) Penalty, see § 10.99

   All excavations, extractions of materials and minerals, open pits and impounding of waters hereafter established or enlarged shall conform with the provisions of this section and any other ordinance or regulations of the city.

   (A)   Definition.  EXCAVATION, as used in this section, shall mean any artificial excavation of the earth, within the city, dug, excavated, or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone or other matter, or made by tunneling or breaking or undermining the surface of the earth. Excavating ancillary to other construction of any installation erected or to be erected, built, or placed thereon contemporaneously with or immediately following the excavation and covering, or to cover the excavation when completed, are excepted, it a permit has been issued for construction or installation. Excavation not exceeding 50 square feet of surface area or two feet in depth and excavation including impounding of water for agriculture purposes are exempted.

   (B)   Conditional use permit required. No person shall hereafter dig, excavate, enlarge, make, maintain or allow to be maintained, upon property owned or used by him or her, any open pit or excavation or any impounded water, without first making an application for and obtaining from the city a conditional use permit therefor.

   (C)   Application. Application for a permit shall be made in such form, and the applicant shall furnish information as shall be required by the City Planning Commission or Council, and among other things shall state the following. The application shall be filed with the Zoning Administrator and processed in a manner required for all conditional use permit applications.

      (1)   His or her true name and address.

      (2)   A full description of the location of the land where the pit or excavation is or is to be, where the impounded waters are or are to be maintained, and also a full description of the location on the land of the pit, excavation or impounded waters.

      (3)   When required by the state, an approval by the state to impound the waters or to make the excavation as described in the application.

      (4)   The purpose of the pit or excavation or the quantity of water impounded.

      (5)   The highways, roads, or other public ways in the city upon and along which any material for removal is to be hauled or carried.

      (6)   The estimated time when building or removing will begin and be completed.

   (D)   Filing of map, plat. The City Planning Commission or Council may require a map or plat of the proposed pit or excavation to be made and filed with the application before acting on the same, showing the confines or limits thereof, together with a plan indicating the topography and overall condition of the site after extraction is completed. A similar map or plat may be required to the proposed container for the impounded waters.

   (E)   Conditions of permit. The Planning Commission or Council, as a prerequisite to the granting of a permit or after a permit has been granted, may require the applicant to whom a permit is issued or the owner or user of the property on which the open pit or excavation or impounded waters are located to do the following.

      (1)   Properly fence any pit or excavation.

      (2)   Slope the banks and otherwise properly guard and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks.

      (3)   Properly drain, fill or level any pit or excavation, after created, so as to make the same safe and healthful as the Commission shall determine.

      (4)   Keep any pit, excavation or impounded waters within the limits for which the particular permit is granted.

      (5)   Remove excavated material from any pit or excavation, away from the premises, upon and along any highways, streets or other public ways as the Commission shall order and direct.

      (6)   Secure a bond. The City Planning Commission or Council may require either the applicant or the owner or uses of the property on which to open pit or excavation or impounded waters is located to post a bond, in a form and sum as the Board shall determine, with sufficient surety running to the city, conditioned to pay the city extraordinary cost and expense or repairing, from time to time, any highways, streets, or other public ways where repair work is made necessary by the special burden resulting from hauling and travel, in removing materials from any pit, excavation or impounded waters, the amount of the cost and expense to be determined by the appropriate city employee, and conditioned further to comply with all the requirements of this section and the particular permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued.

   (F)   Fill or deposition in the floodplain. The fill or deposition of materials in the floodplain shall be permitted only in instances where it will not interfere or add to or increase flood potential at other locations in the floodplain. The fill or deposition area will be so constructed as not to add siltation to the flood waters.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   (1)   All commercial buildings or structures and their accessory uses shall be accessible to and from nearby public streets and sidewalks by driveways and walkways surfaced with a hard, all weather, durable, dust-free material, and shall be properly drained.

      (2)   Vehicular traffic generated by a commercial use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards, excessive traffic through residential areas, particularly truck traffic. The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined by the Planning Commission, who may require additional measures for traffic control as they may deem necessary, including but not limited to directional signalization, channelization, stand-by turn lanes, illumination, and storage area and distribution facilities within the commercial site to prevent back-up of vehicles on public streets.

   (B)   No area used by motor vehicles other than driveways serving as ingress and egress to the commercial site shall be located within the public street right-of-way.

      (1)   Driveway widths. Measurements between roadway edges shall be as follows:

      (2)   Minimum driveway angle to street. Shall be 30° when the driveway is one-way or divided, otherwise 60°.

      (3)   Minimum distance between driveways. Shall be 20 feet between roadway edges measured along street curb line.

      (4)   Minimum distance of driveway from street intersections. Measured along street curb line between nearest driveway edge and intersecting street curb line shall be as follows:

 

*Note:   Minimum distance to be the same as that specified for approaching lane it left turns are permitted into or out of driveway.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   Screening. All principal and accessory uses, except business signs, which are situated within 50 feet of a residential district, shall be screened from the district by a wall or fence of not less than 90% opacity, and not less than five nor more than seven feet in height above the level of the residential district property at the district boundary. Walls or fences of lesser heights or planting screens may be permitted by the City Council, if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that a screening of the type required by this chapter would interfere with the provisions of adequate amounts of light and air to some properties. Loading docks in the Business or Industrial District shall be screened so as not to be visible from any public street right-of-way within a Residential District. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site, and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.

   (B)   Landscaping. All exposed ground areas surrounding or within a principal or accessory use, including street boulevards, which are not devoted to drives, sidewalks, patios, or other such uses, shall be landscaped with grass, shrubs, trees, or other ornamental landscaped materials. All landscaped areas shall be kept neat, clean and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies or merchandise.

   (C)   Lighting. All sources of artificial light situated in a Business or Industrial District site shall be so fixed, directed, designed or sized that the sum total of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 foot-candle in or within 25 feet of a dwelling, nor more than 0.5 foot-candles on any other part of the property. Glare, whether direct or reflected, as differentiated from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates.

   (D)   Storage; displays. All materials, supplies, merchandise or other similar matter not on display for a direct sale, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the Business or Industrial District, or within the confines of a 100% opaque wall or fence not less than five feet high. Merchandise which is offered for sale as described above may be displayed beyond the confines of a building in the Business Industrial District, but the area occupied by the outdoor display shall not constitute a greater number of square feet than 10% of the ground floor area of the building housing the principal use, unless the merchandise is of a type customarily displayed outdoors, such as garden supplies. No storage of any type shall be permitted within the one-half of the required front or side street setback nearest the street.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   In order to insure compliance with the performance standards set forth below, the City Council may require the owner or operator of any permitted use to have made any investigations or tests as may be required to show adherence to the performance standards. Any investigation or tests as are required shall be carried out by an independent testing organization selected by the city. Any investigations or testing shall be ordered by the owner or operator. The cost of same shall be shared equally by the owner or operator and the city, unless the investigation or tests disclose noncompliance with the performance standards, in which situation the entire costs shall be paid by the owner or operator.

   (B)   The performance standards are as follows.

      (1)   Noise. At any property line, the sound pressure level of noise radiated from the industrial operation shall not exceed the values given in the table in this division. The sound pressure shall be measured with a sound level meter and an associated octave band analyzer, both of which are manufactured to specifications published by the American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10, 1953, American Standards Association, Inc., New York, New York. Measurements shall be made using the flat network of the sound level meter.

      (2)   Odors. No odors shall be detectable beyond the limits of the property.

      (3)   Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining property. Glare, whether direct or reflected, such as from floodlights, spotlights, or high- temperature processing, and as differentiated from general illumination, shall not be visible beyond the limits of the property.

      (4)   Vibration. No vibration shall be discernible at any property line to the human sense of feeling for an accumulated total of three or more minutes during any hour.

      (5)   Smoke. The emission of smoke shall be regulated in accordance with the provisions of the State Pollution Control Agency.

      (6)   Dust. The emission of dust shall be regulated in accordance with the provisions of the State Pollution Control Agency.

      (7)   Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum Allowable Concentration for eight-hour day, five days per week), Table III (Odor Thresholds), Table IV (Exposure to Substances Causing Pain in the Eyes), and Table I (Exposure to

Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, “Physiological Effects,” that contains such tables, in the Air Pollution Abatement Manual, by the Manufacturing Chemists’ Association Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit.

      (8)   Sewer and water. The design and construction of water supply facilities and treatment of all sewage and waste shall comply with the city, county and state health standards and requirements.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (A)   The purpose of this section is to establish controls over development adjacent to rivers and streams independent of the standards as described in this chapter for zoning districts.

   (B)   The standards as set forth in this section shall apply to all shoreland classifications within the city, and shall supersede the requirements for other zoning districts in such cases where other land classification zoning districts fall within the jurisdiction of this section.

      (1)   Classification. Rivers and streams listed in § 155.024 of this chapter which lie within the jurisdiction of the city are hereby classified as Natural Environment Streams.

      (2)   Jurisdiction. Shoreland standards as defined in this section shall have jurisdiction over all lands within 300 feet of the high water mark of all rivers, streams and landward extents of all floodplains.

      (3)   Permitted uses.

         (a)   All uses permitted in the designated Zoning District in Chapter 153, Floodplain Management, and in §§ 155.035 through 155.170 of this chapter as regulated therein and by this section.

         (b)   Seasonal dwellings.

         (c)   Permanent single-family dwellings and manufactured homes.

         (d)   Subdivisions.

      (4)   Conditional uses.

         (a)   Manufactured home parks as regulated in §§ 155.080 through 155.091.

         (b)   Multiple dwellings as regulated in §§ 155.065 through 155.068, R-3 District.

         (c)   Resorts and hotels and motels, provided the density is based upon density requirements of this section, and upon a modification of the prescribed densities as permitted in § 155.106(A), B-I District and the State Commissioner of Natural Resources.

         (d)   Boat houses.

         (e)   Public swimming pools.

         (f)   Public or semipublic recreation facilities.

         (g)   Conditional use permitted in the designated Zoning Districts.

      (5)   Accessory uses.

         (a)   Garages.

         (b)   Private docks.

         (c)   Private Recreational Facilities.

         (d)   Uses customarily incidental to the permitted and conditional uses of this section.

      (6)   Lot area, width, depth, height, coverage and shoreland setback requirements. These shall be as set forth in the Appendix: Height, Area, Yard Regulations.

      (7)   Setbacks. Front side yard setbacks shall be determined by the applicable zoning district as shown on the city Zoning Map.

      (8)   Highwater elevation. In addition to the setback requirements listed in the Appendix: Height, Area, Yard Regulations, structures shall be placed at an elevation consistent with the floodplain requirements of Chapter Section 153, Floodplain Management.

      (9)   Subdivision on unsuitable land. No land shall be subdivided which is held unsuitable by the city for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water and sewage services or any other feature likely to be harmful to the health, safety or general welfare of the future residents of the proposed subdivision or the city.

      (10)   State Commissioner of Natural Resources.  

         (a)   All variances, conditional uses, subdivisions and amendments to this chapter that fall within the jurisdiction of this section shall be forwarded to the State Commissioner of Natural Resources at least ten days prior to the official city public hearing date for his or her review and comments. The submittal shall include the type of request, the specific problem instituting the request when applicable, and the time, date and place of hearing.

         (b)   Any alteration to the bed of public waters, including construction of channels, ditches, lagoons, dredging of bottom, muck or weeds or filling in a river bed, including marshland, must receive approval by the State Commissioner of Natural Resources, the Planning Commission and Council prior to the commencement of operations.

      (11)   Natural vegetation. Natural vegetation in shoreland areas shall be preserved insofar as practical and reasonable to retard surface runoff and soil erosion, to utilize excess nutrients in the soil to alleviate pollution problems and to provide sufficient cover to screen cars, dwellings and other structures from view from the rivers and streams.

(Ord. 221, passed 11-6-1995) Penalty, see § 10.99

   (C)   Accessory use. A bed and breakfast facility must be accessory to the use of a property as a single-family residential home. This means that the individual or family who operates the facility must also occupy the house as their primary residence. The house must be at least 20 years old before a bed and breakfast facility is allowed.

(Ord. 250, passed 5-22-2006)

      (1)   Not more than 25% of the total floor area of the dwelling shall be used for this purpose.

      (2)   Only articles made or originating on the premises shall be sold on the premises, unless such articles are incidental to permitted commercial service.

      (3)   No articles for sale shall be displayed so as to be visible from any street.

      (4)   The occupation is to be conducted solely by members of the household residing on the premises, except that one person necessary to the occupation may be employed.

      (5)   No mechanical or electrical equipment is used if the operation of such equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered.

      (6)   No outside storage of materials, product, equipment or display of merchandise shall be allowed.

      (7)   Conducting of the home occupation shall not require substantial interior or exterior alterations of the dwelling.

      (8)   No sign shall be allowed other than one non illuminated name plate measuring not more than one by one and one-half feet and placed near the building entrance.

      (9)   Home occupations shall generate minimal traffic and parked vehicles so as to not change the character of the neighborhood.

      (10)   Uses specifically prohibited as home occupations include clinics, hospitals, mortuaries, motor vehicle repairing for hire, welding, animal hospitals and kennels.

(Ord. 251, passed 12-19-2005)

         (d)   Abandonment. If the solar energy system remains nonfunctional or inoperative for more than 12 consecutive months, the system shall constitute a public nuisance. The owner shall obtain a demolition permit and remove the abandoned system at their expense. Removal includes the entire structure, including collector, mount, and transmission equipment.

(Ord. 285, passed 9-3-2019)