(a)

In all districts, in connection with every building or part thereof hereafter erected, having a gross floor area of 2,500 square feet or more, which is to be occupied by uses requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such building at least one off-street loading space accessible from an alley, easement of access or, when there is not such alley or easement of access, from a street, plus one additional such loading space for each 10,000 square feet or major fraction thereof of gross floor area so used in excess of 15,000 square feet. Such space may occupy all, or any part of a required rear yard or, when authorized by the board of appeals, part of any other yard or court space on the same premises.

(b)

In all districts except B-2, off-street accessory parking areas, in the open or in a garage, shall be provided in connection with the uses set forth hereinafter and to the extent indicated therewith, in addition to the above required loading and unloading spaces. Such areas, in the case of R districts and for dwellings in other districts, shall be on the premises intended to be served; and in the case of B-1, M-1 and M-2 districts, and in connection with uses other than dwellings, such areas shall be on the premises intended to be served or on adjoining or nearby property within 100 feet of any part of such premises and in the same or less restricted district.

(c)

Number of parking spaces required.

In the case of any use which is not specifically mentioned herein, the provisions for a similar use which is mentioned shall apply.

(d)

Units of measurement.

(1)

Parking space. Each parking space shall be not less than nine feet wide and 20 feet long, or not less than 180 square feet in area exclusive of access drives or aisles.

(2)

Loading space. Each loading space shall be not less than ten feet wide, 40 feet in length and 14 feet in height, exclusive of access and turning areas.

(3)

Floor area. In the case of merchandising or service types of uses, the term "floor area" shall mean the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons or clients, but shall not include areas used principally for nonpublic purposes, such as toilet or restrooms, utilities or dressing rooms.

(4)

Hospital bassinets. In hospitals, bassinets should not be counted as beds.

(5)

Benches in place of public assembly. In a stadium, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this article.

(e)

Development standards. Off-street accessory parking areas shall be of usable shape, and shall be improved, in accordance with requirements of the building department and the city engineer, with a durable and dustless surface and so graded and drained as to dispose of all surface water accumulation within the area. Any lighting used to illuminate such parking areas shall be so arranged as to reflect the light away from adjoining premises in any R district.

(f)

Exceptions.

(1)

The board of appeals may authorize on appeal a modification, reduction or waiver of the foregoing requirements, if it should find that in the particular case the peculiar nature of the use, or other exceptional situation or condition would justify such modification, reduction or waiver.

(2)

The planning commission, in consultation with other city departments and agencies concerned, shall make studies as found advisable of various areas in the city for the purpose of determining the areas within which there is need for the establishment of off-street parking facilities to be financed wholly, or in part, by a special assessment district, or by other means, where such need is found, the planning commission shall report its recommendation for the acquisition of such off-street parking facilities to the city council. This report shall include recommendations on the type, size, location and other pertinent features of the proposed off-street parking facilities and the area they are intended to serve.

(Code 1990, § 16-260; Ord. No. 93-1658, § 2(12.0), 4-19-1993)

(a)

No building, structure or premises shall be used, erected or altered which is intended or designed to be used as a public garage, automobile repair shop, motor fuel station or car wash having an entrance or exit for vehicles in the same block-front and within 200 feet of any school, public playground, hospital, public library or institution for dependents or for children, and no such entrances or exit shall be located within the same block-front and within 20 feet of any R district, nor shall any part of such public garage, automobile repair shop, motor fuel station or cash wash be located within 100 feet of any building or grounds of any of the aforesaid public or institutional uses.

(b)

All activities incidental to the sale of gasoline or oil such as battery and tire repair, car washing and greasing shall be conducted within the building and there shall be no storage or accumulation of miscellaneous equipment, machinery or motor vehicles, disabled or otherwise, outside of the principal structure.

(Code 1990, § 16-261; Ord. No. 93-1658, § 2(12.1), 4-19-1993)

(a)

Uses classified as home occupations shall be permitted in all zoning districts which allow single-family residences. The following regulations shall apply to all home occupations.

(b)

The use shall be conducted entirely within a dwelling and carried on by the inhabitants and no others.

(c)

The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds or vibrations that carry beyond the premises.

(d)

No more than one room of the dwelling may be used for the home occupation.

(1)

The area set aside for home occupation shall not exceed 20 percent of the total floor area of such residence.

(2)

No more than 500 square feet of the floor area of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation. Floor area of a dwelling unit, in this case, shall include the floor area of all heated and ventilated and thereby habitable rooms and areas within the dwelling unit, including basements and habitable attic space.

(e)

There shall be no advertising, display or other indications of a home occupation on the premises.

(f)

There shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves or racks is not allowed, but a person may pick up an order placed earlier as described above.

(g)

No storage or display of goods shall be visible from outside the structure.

(h)

No highly explosive or combustible material shall be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmission in the area, nor shall there by any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

(i)

A home occupation shall have adequate parking spaces available to compensate for additional parking needs generated. Off-street loading and off-street parking requirements of subsections 34-424(a) and (b) must be provided.

(j)

No use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence shall be allowed.

(Code 1990, § 16-262; Ord. No. 93-1658, § 2(12.2), 4-19-1993)

All open off-street parking areas for six or more cars shall be effectively screened by a wall, a solid fence or a densely planted compact hedge along any side which adjoins or is directly across an alley from a property in a residential district or an institutional property. Such wall, fence or hedge shall be six feet in height and shall be maintained in good condition.

(Code 1990, § 16-263; Ord. No. 2005-2132, § 2, 4-19-2005)

Where outdoor storage of materials, goods and products exists within industrial districts, such storage shall be effectively screened from adjacent residential districts and public streets by a solid fence, compact hedge or similar opaque landscaped element. Such screening shall not extend within 15 feet of any street or driveway. The screening shall be placed along property lines or, in the case of screening along a street, 15 feet from the street right-of-way or adjacent property line with landscaping between the screening and pavement. A louvered fence shall be considered solid if it blocks direct vision.

(Code 1990, § 16-264; Ord. No. 2005-2132, § 3, 4-19-2005)

Hospitals, churches or other religious or eleemosynary institutions shall be located with at least 150 feet of frontage on a major street, with a minimum parcel size of at least one-half-acre, and shall maintain a minimum of ten-foot-wide landscaped strip on all property lines abutting any residential district.

(Code 1990, § 16-265; Ord. No. 96-1779, § 1, 5-21-1996; Ord. No. 2005-2132, § 4, 4-19-2005)

No more than 35 percent of the total lot area of any lot zoned R-1, R-2, R-3 or R-4 shall be paved or covered with impervious paving material, including all areas devoted to parking, driveways or sidewalks. In addition, no more than 60 percent of any R-1 or R-2 zoned lot shall be covered with paved areas devoted to parking, driveway or sidewalks, and building footprint in combination.

(Code 1990, § 16-266; Ord. No. 2008-2299, § 1, 11-18-2008)

(a)

The development and execution of this chapter is based upon the division of the city into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district without consideration of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:

(1)

Uses publicly operated or traditionally affected with a public interest.

(2)

Uses entirely private in character but of such unusual nature that operation of the use may give rise to unique problems with respect to the impact upon neighboring property or public facilities.

No lot or land located within the city shall be utilized for any use which would be characterized as a special use under the above and foregoing definition unless a permit therefor shall have been issued by the city council in accordance with the provisions of this section.

(b)

Any person, firm or corporation owning or having an interest in a lot or parcel of land may file an application for a special use permit for such lot or land, and such application shall be filed with the office of the city clerk on a form prescribed by the city clerk. The application shall be accompanied by at least three copies of such plans or data as necessary to fully describe and characterize the nature of the use, the location of any improvements to be placed upon the lot or land necessary to the operation of the use, the location of all appurtenances (such as driveways, parking areas, ramps, landscaping, lighting structures, refuse disposal structures or other similar items) necessary for the operation of the use, and the application shall include a statement in writing by the applicant specifying the exact nature of the proposed special use. The application shall further be accompanied by a permit fee payable to the city in the amount of $75.00, which permit fee shall be non-refundable.

(c)

The application shall be referred by the city council to the plan commission for hearing, to be conducted on notice and in accordance with the requirements applicable to a petition for zoning change. At the hearing scheduled pursuant to this subsection, the applicant shall provide to the plan commission sufficient evidence that the proposed special use will conform to the standards set forth in this section, and at said hearing, persons opposed to the application shall be permitted to offer testimony in opposition thereto or to establish that the standards required by this section will not be met.

(d)

The plan commission shall not recommend the granting of any application for special use permit, following the hearing to be held pursuant to this section, unless the commission shall find, by majority vote, that:

(1)

The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The use for which application is made shall be compatible with existing uses within the district and will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor will the special use substantially diminish or impair values within the neighborhood.

(3)

The dimensions and topography of the lot or land for which application is made shall be sufficient in size and configuration to accommodate the proposed special use, any required or recommended side, front or rear yards, and any other conditions, yards or set-backs which may be deemed by the plan commission necessary or desirable for the proposed special use.

(4)

The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(5)

Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided.

(6)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(e)

In addition to requirements of subsection (d) of this section, the plan commission shall also recommend to the city council such specific conditions to the granting of the application for special use as the plan commission may deem reasonably necessary or desirable to ensure that the special use will not be detrimental to or endanger public health, safety or general welfare.

(f)

Following the hearing before the plan commission, the recommendation of the plan commission shall be submitted to the city council for action. At the meeting at which the recommendation is submitted, the applicant shall be permitted to address the city council for elaboration of or explanation of any questions or concerns of members of the city council, and, subject to the discretion of the city council and in conformance with reasonable rules for public comment established by the city council, any opponent of the special use application shall be permitted to address the city council to give testimony or evidence against the granting of the application.

(g)

If the recommendation of the plan commission is to deny the application for special use, such recommendation shall not be overturned by the city council except upon vote of two-thirds of all elected members of the city council.

(h)

A special use permit having been granted by the city council pursuant to this section, all construction, improvements and other modifications to the lot or land shall conform strictly to the requirements or conditions made a part of the special use permit, and a failure by the holder of the special use permit to comply with any such conditions shall be cause for proceedings to enforce the terms thereof, and for that purpose, relief by mandatory injunction may be sought. In addition, if any holder of a special use permit shall fail to abide by any of the conditions made applicable to such use, then the special use permit may be revoked by action of the zoning board of appeals, upon hearing and notice given by the building official.

(i)

If a special use shall not have been established within one year after the date of granting of the permit therefor, then, without further action by the plan commission or the city council, the special use permit shall be null and void.

(j)

No application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or on proof of changed conditions found to be valid by the plan commission and the city council.

(Code 1990, § 16-270; Ord. No. 2000-1960, § 1, 12-19-2000)

(a)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Dependent mobile home means a mobile home which does not have a toilet and bath or shower facilities.

Independent mobile home means a mobile home which has self-contained toilet and bath or shower facilities.

Mobile home means a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons.

Mobile home park means an area of land upon which independent mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park.

Permanent habitation means a period of two or more months.

Site means the lot on which the mobile home is harbored.

(b)

Records. The city shall maintain a record in the office of the city clerk of all mobile home parks, such records to include the names and addresses of all parks, names and addresses of the licensees, name and residence address of the designated caretaker, manager or attendant, number of mobile home lots in each park, source of water supply, system of sewage and garbage disposal, and other information as may from time to time be applicable to each mobile home park.

(c)

Health regulations supplied; posted. The city shall supply licensees of all parks with any and all health rules and regulations pertaining thereto made by the city, and any changes that may be made from time to time, and such rules and regulations shall be posted by the management of such park in a protected, conspicuous place within the park.

(d)

License required. No person shall establish, maintain, conduct or operate a mobile home park within the corporate limits without first obtaining a license therefor from the city pursuant to section 16-778. No person shall construct or alter a mobile home park without a permit first obtained pursuant to section 16-778. The term "conduct or operate a mobile home park" as used in this article shall include, but not necessarily be limited to, supplying or maintaining common water, sewer or other utility supply or service, or the collection of rents directly or indirectly from five or more independent mobile homes located within a single parcel of real estate or on adjacent and contiguous parcels of real estate.

(e)

Compliance. Each mobile home park licensed or to be constructed under the provisions of this article shall be operated and maintained in accordance with the requirements in this article.

(f)

Attendant; maintenance. Every mobile home park shall be under the charge of a responsible attendant or caretaker whose name shall be on file at all times with the city and whose duty it shall be to maintain the park, its facilities and equipment in a clean, orderly and sanitary condition, and shall be responsible, with the licensee, for any violation of the provisions of this article.

(g)

Minimum acreage. No mobile home park shall contain less than five acres.

(h)

Drainage. No park shall be so located that the drainage of the park area will endanger any water supply. All such parks shall be well drained. No wastewater shall be deposited on the surface of the ground within the mobile home park.

(i)

Area. Each lot, space or site on which each single mobile home is accommodated shall have a minimum area of not less than 5,000 square feet. The lot area may be decreased by any amount to a minimum area of 3,500 square feet as long as common open space is set aside equal to the amount of space each lot is reduced below 5,000 square feet. Each lot shall have a width of not less than 40 feet, and no park shall be permitted an average density of mobile home lots of more than eight per acre.

(j)

Location on lot. All mobile home parks shall provide lots sufficient to maintain the following minimum requirements:

(1)

No mobile home or any structure, addition or appurtenance thereto shall be located less than ten feet from the nearest adjacent lot boundary, public street, alley or building.

(2)

Space between mobile homes may be used for the parking of motor vehicles if the space is clearly designated and the vehicle is parked at least eight feet from the nearest adjacent lot boundary.

(k)

Access. Each mobile home site shall abut or face a driveway, roadway or street of no less than 24 feet in width, which shall have unobstructed access to a public highway.

(l)

Landscaping; common areas. The mobile home park shall be surrounded by a landscaped strip of open space 50 feet wide along the street frontage of a major street and 25 feet wide along all other lot lines or street frontages. Not less than eight percent of the mobile home park area, excluding streets, shall be set aside for common open space and recreational facilities.

(m)

Water supply. Each mobile home located within a mobile home park shall be connected to the municipal water supply system of the city, and all supply lines and pipes connecting the individual mobile homes shall comply in all respects with the requirements of the water department of the city and of the state plumbing code. Fire hydrants, as determined necessary by regulations of the city fire department and water department, shall be located within or adjacent to each mobile home park. If water is supplied to the park through one meter rather than separate meters for each individual mobile home site, then each mobile home site connected to the internal supply of the park shall be connected with approved back flow prevention devices and with devices so that each individual site may be independently disconnected from the supply lines.

(n)

Sewerage.

(1)

Disposal. All sewage and other water-carried wastes shall be disposed of into the municipal sewerage system whenever the interceptor or sewer main of such system is adjacent to the park. In parks in which such connections are not available, disposal shall be into a private system which includes a sanitary means of disposal, the operation of which creates neither a nuisance nor a menace to health, and which complies with all applicable requirements of the state department of public health.

(2)

Sewer connections. When a water carriage system of sewage is used, each site shall be provided with a sewer connection for the combined liquid waste outlet or outlets of each mobile home. It shall be the duty of the owner or operator of such park to provide an approved type of water and odor-tight connection from the mobile home water drainage to the sewer connection, and it shall be the duty of such owner or operator to make such connection and keep all occupied mobile homes connected to such sewer while located in the park. Sewer connections in unoccupied sites shall be so closed that they will emit no odors or cause a breeding place for flies or other insects. No water or waste shall be allowed to fall on the ground from a mobile home.

(o)

Garbage containers.

(1)

A sufficient number of adequate flyproof and watertight containers in accordance with ordinances of the city shall be supplied for the storage and disposal of garbage.

(2)

Garbage containers shall be emptied at least once a week and shall not be filled to overflowing, or allowed to become foul smelling or a breeding place for flies.

(3)

Garbage and rubbish shall be disposed of in a manner which creates neither a nuisance nor a menace to health and which is approved by the city.

(4)

The central collection area and collection container storage area shall be screened from view from outside the storage area by fencing of at least six feet in height, or by evergreen trees, bushes or shrubs of at least six feet in height and of sufficient density and planting density to screen and block from view.

(p)

Insect and rodent control. Adequate insect and rodent control measures shall be employed. All buildings shall be flyproof and rodentproof and rodent harborages shall not be permitted to exist in the park or pathways.

(q)

Fire extinguishers. Mobile homes in mobile home parks shall each be equipped with fire extinguishers in working order, one in each end of the mobile home.

(r)

Porches, canopies and skirts. Temporary porches, canvas-roofed canopies and skirts shall be permitted for mobile homes and auxiliary rooms may also be authorized by the city if constructed of fire resistant materials of such specifications as shall be required by applicable fire safety code.

(s)

Streets and driveways. All streets and driveways in every park must be maintained in a passable and dustproof condition at all times, and all streets and driveways in every park established shall have a minimum width of 24 feet.

(t)

Maintenance of appliances. The management of every park shall assume full responsibility for maintaining in good repair and condition all sanitary, electrical and safety appliances in the park, and shall promptly bring such action as is necessary to prosecute or eject from the park any person or persons who willfully or maliciously damage such appliances, or any person or persons who fail to comply with this article.

(u)

Electrical outlets. Electrical outlets for each individual site shall be provided and the installation shall be in accordance with all state or local codes and ordinances.

(v)

Dependent mobile homes. In no event shall a dependent mobile home or nonpermanent shelter or other vehicles designed or used for sleeping purposes, other than an independent mobile home, be permitted for occupancy at any time in a mobile home park.

(w)

Community facilities. When community kitchens, dining rooms, laundries or other facilities are provided, such facilities and equipment as are supplied must be maintained in a sanitary condition and kept in good repair.

(x)

Compliance with building ordinances. All buildings constructed or altered, all plumbing, and all electrical and heating installations shall be in accordance with existing building codes and ordinances of the city.

(y)

Registration of mobile homes. Each mobile home park shall be provided with a custodian's office where each mobile home entering such park shall be assigned to a site, given a copy of the park rules and registered according to the prescribed form. Such registration shall include the name and address of the owner and every occupant of such mobile home and the square feet of floor space contained in such mobile home. Such registration shall also include the license number of such mobile home and of the towing vehicle, if any, and the state issuing such licenses. The register shall be signed by the owner or operator of the mobile home. Any person furnishing misinformation for purposes of registration shall be deemed guilty of a petty offense and punishable for such offense. The registration records shall be neatly and securely maintained, and no registration records shall be destroyed until six years have elapsed following the date of registration. The register shall be available at all times for inspection by all law enforcement officers and by the city.

(z)

Mobile home construction compliance. Each mobile home located within and sited within a mobile home park shall have affixed thereto in a permanent fashion a plate or plaque, affixed by the manufacturer and certified by the manufacturer, that the mobile home complies with construction codes applicable to and adopted by the state department of public health as of the date of manufacture. It shall be a violation of this section for any person other than the manufacturer to affix or attach such a plate of plaque to any mobile home, or for any person to alter the plate of plaque affixed by a manufacturer of the mobile home. A violation of this section shall be punishable as a Class B violation as provided in section 1-41(a).

(Code 1990, § 16-271; Ord. No. 2004-2079, § 2, 1-6-2004; Ord. No. 2011-2458, § 62, 4-5-2011)

(a)

Definitions and rules of construction. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fall zone means an area of land surrounding a tower structure, as certified by the manufacturer or an independent structural engineer, in which the structure would fall in the event of collapse or other structural failure.

Small wind energy conversion system (SWECS) means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than ten kW and which is intended to primarily reduce on-site consumption of utility power. This system includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.

View corridor means a three dimensional area extending out from a viewpoint, and its width depends on the focus of the view. The focus of the view may be a single object, such as a mountain, which would result in a narrow corridor, or a group of objects, such as a downtown skyline, which would result in a wide corridor. Although the view corridor extends from the viewpoint to the focus of the view, the mapped portion of the corridor extends from the viewpoint and is based on the area where base zone heights must be limited in order to protect the view.

(b)

Permit required: standards and guidelines. Small wind energy conversion systems (SWECS) in the city shall be subject to the following regulations to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system. No person shall construct or operate a SWECS without having fully complied with the provisions of this section.

(1)

Permits required.

a.

Building and zoning permits shall be obtained to allow construction of SWECS.

b.

A SWECS permit shall be obtained from the building department for the construction of all SWECS.

(2)

Application requirements. An application for a permit to build a wind energy system shall include the following:

a.

Property lines and physical dimensions of the property of the proposed construction site.

b.

Proposed location of the SWECS.

c.

Location and description of all structures located on the property where the SWECS site is proposed.

d.

Location of all aboveground utility lines within a radius equal to two times the height of the proposed SWECS.

e.

Location of all underground utility lines on the property where a SWECS site is proposed.

f.

Dimensional representation of the structural components of the tower construction, including the base and footings.

g.

Schematic of electrical systems associated with the SWECS including all existing and proposed electrical connections.

h.

Manufacturer's specifications and installation and operation instructions or specific SWECS design information, including model and rotor diameter.

i.

Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for the structure as defined by the International Building Code.

(3)

General performance standards. A SWECS shall be permitted as a special use in all zoning districts subject to the following requirements, in addition to the requirements of section 34-431.

a.

Number. Only one SWECS shall be permitted per property, regardless of the number of dwelling units or tenants.

b.

Location.

1.

A SWECS shall be prohibited from being located in front of the building setback line or in front of the principal building on a property.

2.

SWECS setback shall comply with the yard areas established for principal structures for each zoning district.

3.

The SWECS shall be located such that its fall zone plus five feet will be located entirely on the permitted property in the event of collapse or other structural failure.

4.

All SWECS shall be prohibited to be located in the view corridors established in subsection (b)(3)o of this section.

c.

Tower construction. All towers for a SWECS shall be a single monopole type constructed without guy wires or ground anchors. Guyed towers and lattice towers are expressly prohibited. All towers shall be structurally designed to withstand 100 mph winds and handle loads imparted.

d.

Height, blade length, turbine capacity. The total height of a SWECS shall be measured at the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point. The SWECS shall comply with the following:

e.

Blades and clearance. Protected blades shall be used if a SWECS is installed on a rooftop or if located within 12 feet of a structure. A minimum vertical blade clearance of 15 feet shall be required from grade or rooftops.

f.

Access. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

g.

Electrical wires. SWECS including tower shall comply with all applicable state construction and electrical codes, and the National Electrical Code. All electrical wires associated with a SWECS, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground. All wires and connections shall be wholly located on the subject property, and in no case shall connections to multiple detached structures be permitted.

h.

Lighting. A wind tower and generator shall not be artificially illuminated unless such lighting is required by the Federal Aviation Administration.

i.

Appearance, color and finish. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless otherwise approved in the building permit. Generally acceptable colors shall be muted or understated colors that are unobtrusive to surrounding properties, such as galvanized metal or earth tones.

j.

Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.

k.

Noise and shadow flicker.

1.

Audible sound from a wind energy facility shall not exceed 25 dBA in residential districts or 50 dBA in all other districts, as measured at the exterior of any occupied building on an adjacent or neighboring property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association Standard 2.l-l989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

2.

Low frequency harmonics. The SWECS shall be designed to avoid emitting low frequency harmonics that can be disruptive to neighboring properties.

3.

The property owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on an adjacent or neighboring property.

l.

Utility notification and interconnection. SWECS that connect to the electrical utility shall comply with the state distributed generation interconnection standard.

m.

Compliance with FAA regulations. SWECS must comply with applicable FAA regulations, including any necessary approvals or installations close to airports/airstrips. If lighting is required by the FAA, a dual mode fixture/lamp shall be installed.

n.

Required safety features.

1.

All SWECS shall be designed with automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the device is designed.

2.

All SWECS shall have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system including the automatic overspeed control.

3.

All SWECS shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the SWECS from supplying power to a de-energized electrical distribution system.

4.

Any SWECS declared to be unsafe by the building official by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in this Code.

o.

View corridors established. View corridors as defined in subsection (a) of this section shall be maintained from the right-of-way lines of the following described roadways by land use.

(Code 1990, § 16-272; Ord. No. 2011-2455, § 1, 4-5-2011)

(a)

Within those areas of the city classified under the zoning ordinance as R-1, R-2, R-3 and R-4 consisting of unimproved separate and contiguous parcels of three acres or more, and within those areas classified as M-1 and M-2, the harvesting of growing grasses for hay by baling shall be permitted subject to the restrictions and conditions contained herein. For purposes of this section, the term "separate and contiguous" shall mean and refer only to those parcels that are separate and distinct, not dissected or divided by any street, alley or other public way or right-of-way, and of sufficient size to meet the buffer setback requirements of this section.

(b)

No harvesting of hay and baling may occur, and no grass or other material may be grown to heights in excess of the limits specified herein for that purpose, unless there first shall have been obtained by the owner or the operator of the parcel a permit, issued by the building office of the city, granting the authority for the harvesting of hay. Application for a permit shall be submitted to the building office, and the application shall include:

(1)

The legal description and common street address of the parcel sought to be harvested;

(2)

A site plan which depicts, to scale, all lot lines, drives, buildings, utilities, proposed buffer setback areas and the area to be harvested;

(3)

Names and addresses of all persons who will be performing agricultural hay harvesting on the site.

A permit issued shall be for a two-calendar-year period, and each application shall be accompanied by payment of a fee of $40.00. Any permit issued pursuant to this section shall be subject to revocation if the requirements of this section are violated or the activities are not in compliance with the requirements hereof. Revocation shall occur following the issuance of a complaint and submission thereof to the code administrative hearing officer for decision, with the permit holder having an opportunity for presentation of evidence against revocation.

(c)

Parcels or property within the city for which a permit under this section is issued shall be subject to the following additional requirements and restrictions, and any violation of or failure to comply with the stated requirements and restrictions shall be cause for revocation of the permit, and/or fine for violation of the requirements or restrictions hereof.

(1)

Any lot or parcel for which a permit is granted must have a buffer setback area, within which the grass and vegetative material are maintained to a height of eight inches or less and from which harvesting and baling are prohibited.

(2)

The buffer setback areas shall be:

a.

40 feet from any building structure;

b.

20 feet from the front property line;

c.

20 feet from any side property line;

d.

Ten feet from rear property lines and from all driveways and entrances to the property;

e.

20 feet from all utility poles, utility boxes, fire hydrants or other utility or service facilities or equipment.

(3)

The owner or occupant of the parcel for which a permit is granted pursuant to this section shall keep the parcel and area clear from voluntary trees, shrubs or weeds, and the harvest of hay and baling shall be for those plants or materials that are specifically planted for that purpose.

(4)

All grass or material cut for baling shall be baled within one week of the cutting, and all bales shall be removed within three days of baling.

(5)

Between the periods of October 15 and April 15 of each year, all vegetative material on the parcel must be maintained to a height of not greater than eight inches.

(d)

A violation of the provisions of this section shall be a Class C violation subject to the penalties set forth in section 1-41. Each day that a violation continues shall be deemed a separate offense.

(Code 1990, § 16-273; Ord. No. 2013-2125, § 1, 9-17-2013)