(a)

Any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit.

(b)

In addition to all of the use limitations applicable in the district in which a home occupation is located, no home occupation shall be permitted unless it complies with the following restrictions in all residence districts:

(1)

No person who is not a member of the immediate family occupying such and residing in the dwelling unit shall be employed in connection with the occupation.

(2)

There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling, except one nameplate, no more than two square feet in area, which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated.

(3)

No wholesale, jobbing, or retail business shall be permitted unless sales are conducted entirely by mail or telephone and the business does not involve more than the incidental receipt, shipment, delivery, or storage of merchandise on or from the premises.

(4)

There shall be no alteration of the principal residential building which changes the character thereof as a dwelling.

(5)

No more than 25 percent of the area of one story of a single-family dwelling, nor more than 20 percent of the area of any other dwelling unit, shall be devoted to the home occupation.

(6)

No mechanical or electrical equipment may be used, except such types as are customary for purely domestic, household, or hobby purposes.

(7)

There shall be no storage outside a principal building or accessory structure of equipment or materials used in the home occupation.

(8)

The home occupation shall be conducted entirely within the principal residential building.

(c)

Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each occupation shall be subject to the above requirements:

(1)

Artists, sculptors, and authors or composers.

(2)

Dressmakers, seamstresses, and tailors.

(3)

Homecrafts, such as model-making, rug-weaving, lapidary work, and cabinet making; provided, however, that no machinery or equipment shall be used or employed, other than that which would customarily be incidental to residential occupancy, such machinery or equipment shall include that which would customarily be employed in connection with a hobby or avocation not conducted for gain or profit.

(4)

Massage therapy.

(5)

Music teachers, but regular instruction shall be limited to two pupils at a time, except for occasional groups.

(6)

Office facilities for architects, engineers, lawyers, insurance agents, and members of similar professions.

(7)

Offices of duly ordained leaders of a religious or spiritual community.

(8)

Office facilities for real estate, sales representatives, and manufacturers' representatives, when no retail or wholesale transactions are conducted on the premises.

(d)

The following home occupation uses are prohibited in residential districts unless specifically permitted by the district regulations:

(1)

Animal hospitals.

(2)

Barber shops and beauty shops.

(3)

Dancing schools.

(4)

Funeral homes.

(5)

Medical or dental offices, clinics or hospitals.

(6)

Nursery schools and day care centers.

(7)

Renting of trailers.

(8)

Restaurants.

(9)

Stables or kennels.

(10)

Tourist homes, lodginghouses, or bed and breakfast establishments.

(11)

Construction companies. No exterior storage of any construction tools, equipment, machinery, or materials, even if not used in a home occupation.

(Ord. No. 2001-26, § 1(5-1), 10-8-2001; Ord. No. 2005-20, § 2(5-1), 9-12-2005; altered in 2017 recodification; Ord. No. 2021-04, § 1, 3-8-2021)

Every bed and breakfast establishment shall meet the following standards:

(1)

No building or other structure shall be used for bed and breakfast establishments unless the same shall contain, exclusive of garage, basement, and open porches not less than 1,600 square feet of usable living space.

(2)

No building or other structure may be used for a bed and breakfast establishment unless not less than 50 percent of the structure shall be occupied by the owner/operator of said establishment.

(3)

No accessory or ancillary structure shall be removed to create the bed and breakfast use.

(4)

Every bed and breakfast establishment shall provide, in addition to the parking requirements for the zoning district in which it is located as they relate to said structure, one parking space for each room rented. All parking plans shall be submitted to the city engineer for approval of a parking site plan prior to zoning approval herein.

(5)

No more than five rooms may be rented as guest rooms at any bed and breakfast establishment. No guest room shall contain kitchen or cooking facilities in such room nor shall hot plates, coffee pots, or the like be allowed.

(6)

No bed and breakfast establishment shall allow any guest to stay there for a period in excess of seven consecutive days, and every such establishment shall maintain a registration book daily showing the name of every such guest registered and the date.

(7)

No exterior signs shall be placed on any property utilized as a bed and breakfast establishment other than one sign in accordance with, and in compliance with, article VII of this chapter and provided said sign does not exceed six square feet. Said sign may not be illuminated except by a source of light which indirectly is cast upon or falls upon the surface of the sign and thus illuminates it by reflection only.

(8)

Every room rented as a guest room in a bed and breakfast establishment shall contain not less than 100 square feet.

(9)

Every such building and structure utilized as a bed and breakfast establishment shall have no less than two exits to be utilized in case of fire or other emergency.

(10)

No guest room may be occupied in any such bed and breakfast establishment by more than two people.

(11)

No meals, other than breakfast, may be served at any such bed and breakfast establishment to said guests of said establishment, nor shall any meals be charged separately.

(12)

No structure proposed to be used as a bed and breakfast establishment shall be structurally changed so as to alter the exterior design of the structure.

(13)

There shall be no person employed at any proposed bed and breakfast establishment who is a non-family member of the owner/operator, except for the sole purpose of maintaining daily housekeeping.

(14)

Any special use permit granted for the operation of a bed and breakfast establishment shall be terminated on the sale of the property for which it is issued.

(15)

The plan commission and/or city council may impose such other restrictions upon the issuance of a special use permit for a bed and breakfast establishment as the facts and circumstances of each application may require.

(16)

A special use permit granted hereunder for a bed and breakfast establishment shall terminate upon revocation of any license granted by the city for said establishment or upon the failure of the city to issue the required license for the operation of said establishment.

(17)

Any special use permit granted hereunder, for a bed and breakfast establishment shall have no force and effect until such time as the appropriate city license for the operation of a bed and breakfast establishment is filed for, approved, and issued by the appropriate city agency.

(Ord. No. 2001-26, § 1(5-2), 10-8-2001; Ord. No. 2005-20, § 2(5-2), 9-12-2005)

(a)

Purpose. It is the purpose of this section to regulate the placement of mobile homes and mobile home parks within the city and within 1½ miles of the city limits in order to ensure that mobile home parks are located in areas which are compatible with them, and ensure that residents of mobile homes are provided a healthy, safe, and habitable environment.

(b)

Definitions. 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:

Dependent mobile home means a mobile home without inside toilets and bath. Such mobile homes are prohibited in a mobile home park as defined in this subsection.

Licensee means any person licensed to operate and maintain a mobile home park under the provisions of this section.

Mobile home means a dwelling unit designed to be transported on streets to the place where it is to be occupied as a dwelling unit, complete and ready for year-round and permanent occupancy attached to a permanent foundation except for minor and incidental unpacking and assembly operations.

Mobile home lot means a lot within a mobile home park designed for the accommodation of one mobile home.

Mobile home park subdivision means a parcel or tract of land subdivided into mobile home lots and developed with facilities for locating mobile homes. No mobile home park shall include a sales lot on which unoccupied trailers, either new or used, are parked for the purpose of inspection or sale. This shall not mean that any adjacent area may not be zoned for commercial purposes and used in conjunction with any mobile home park subdivision.

Park means a mobile home park.

Permanent foundation means a closed perimeter formation consisting of materials such as concrete, mortared concrete block, or mortared brick extending into the ground below the frost line which shall include, but not necessarily be limited to, cellars, basements, or crawl spaces, but does exclude the use of piers.

(c)

Occupancy. No mobile home as defined above shall be parked, stored, occupied, or used for any purpose, including, but limited to, sleeping or living unless it is located in a mobile home park that has been granted a special use permit in accordance with this chapter. However, individual mobile homes may be located outside of mobile home parks as follows:

(1)

For use as a shelter or office on the site of a construction project, during time of construction.

(2)

For temporary housing of personnel working with a circus, carnival, rodeo, fair, exposition, or similar public event during the duration of the event.

(d)

License as referenced in sections 46-19 through 46-22. It shall be unlawful for any person to maintain or operate a mobile home park within the limits of the city, unless such person shall first obtain a license therefor.

(1)

Application for initial license. An initial mobile home park license shall be obtained through city council approval of a mobile home park special use permit. Every year thereafter, an annual certificate shall be obtained from the office of the city clerk renewing said license.

(2)

The annual license renewal fee shall be $50.00.

(3)

The fee for transfer of license shall be $50.00.

(4)

The license certificate shall be conspicuously posted in the office of or on the premises of the mobile home park at all times.

(e)

Placement of mobile home parks. The plan commission may recommend, and the city council may authorize, the establishment of a mobile home park in an R-4 or R-5 district, provided that:

(1)

The procedure for obtaining a special use permit as outlined in article IX of this chapter is followed.

(2)

The mobile home park complies with all provisions within this section.

(3)

No mobile home park shall be placed within 1,500 linear feet of an existing mobile home park.

(4)

No special use shall be recommended by the city plan commission unless they shall find:

a.

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;

b.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood;

c.

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;

d.

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

e.

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

(f)

Application and review procedures.

(1)

Definition. For the purposes of this section, the term "owner" shall mean and include any public body corporate or a holder of a written option to purchase.

(2)

Applicant.

a.

The applicant for a mobile home park special use permit shall be the owner of the site, or if more than one, all owners of the site acting jointly.

b.

Pre-application conference. Each prospective applicant shall confer with the zoning officer in connection with the preparation of the application prior to the submission of such application. At this conference, the following basic information shall be considered:

1.

The boundaries of the property.

2.

Existing easements and covenants affecting the property.

3.

Land characteristics, such as natural drainage, swamp areas, and wooded areas.

4.

Development characteristics, such as surrounding streets, existing buildings, available community sewer, water, and other utilities.

5.

The proposed layout, including the location and extent of various types of uses, buildings, parks, playgrounds, and other community facilities.

(3)

Filing procedure. An application for a mobile home park special use permit shall be filed with the plan commission on a form prescribed by the commission for that purpose. A fee shall accompany the application based on an adopted fee schedule. The application shall consist of the following:

a.

Overall development plans showing:

1.

All information and data required by chapter 74.

2.

Kind, location, bulk, and capacity of proposed structures and uses.

3.

Proposed finished topography.

4.

Engineering and improvement plans.

5.

Provisions for automobile parking and loading.

6.

Ten copies of each of the required plans.

7.

The boundaries of the property.

8.

Existing easements and covenants affecting the property.

9.

Land characteristics, such as natural drainage, swamp areas, and wooded areas.

10.

Development characteristics, such as surrounding streets, existing buildings, available community sewer, water, and other utilities.

11.

Proposed layout, including the location and extent of the various types of uses, parks, playgrounds, and other community facilities.

b.

A written statement of facts, explaining in detail the proposal and justifying the project at this location. Included also will be the proposed provisions for service, maintenance, and continued protection of the mobile home park development and adjoining territory.

c.

The plan commission may recommend reasonable conditions regarding the layout, circulation, and performance of the proposed development.

(4)

Public hearing.

a.

The plan commission shall hold a public hearing on the proposed mobile home park. The hearing shall be at a regularly scheduled meeting of the plan commission or by special call of the chairperson. Notice of the hearing shall be published in a newspaper of general circulation in the city not more than 30 days nor less than 15 days prior to the hearing.

b.

Authorization.

1.

Authority to impose conditions. The plan commission may recommend and the city council may provide conditions or restrictions on the construction, location, and operation of a mobile home park special use, including, but not limited to, provisions for off-street parking, as shall be deemed necessary to secure the specific purposes, the requirements, and general objectives of this section.

2.

Performance bonds. The plan commission may recommend and the city council may require the posting of a performance bond to ensure that improvements stipulated will be completed. The bond shall be valid for a specific time as determined by the city council. The bond shall be sufficient to cover the cost of the improvements and approved by the city engineer.

3.

Written protest. In the event a written protest against a proposed mobile home park is made by the owners of 20 percent of the frontage immediately adjoining or across a street, alley, or public easement therefrom, and filed with the city clerk, such mobile home park special use permit shall not be granted except by an affirmative vote of at least two-thirds of all the members of the city council.

(5)

Recorded plats required. A plat of subdivision shall be recorded. The plat shall show building lines, common land, streets, easements, and other applicable features required by chapter 74. All applicable procedures, standards, and requirements of chapter 74 shall be followed except those in conflict with this section. No building permits or occupancy permits shall be issued until after final authorization of the mobile home park special use permit and recording of the subdivision plat as finally approved by the city council.

(6)

Development shall follow approved plans. An approved mobile home park shall be constructed and maintained in accordance with the plans and conditions approved by the city council.

(7)

Delay in construction. In the event that construction of an approved mobile home park special use is not started within one year after approval by council, the permit shall expire and reapplication for approval of the special use shall be necessary.

(8)

Effect of denial. No application for a mobile home park special use permit 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 that denial, except on the grounds of new evidence or proof of changed conditions found valid by the plan commission.

(g)

Design and criteria and performance standards. Prior to approval of a mobile home park, the owner or developer of the park shall demonstrate that the following design criteria and performance standards will be met:

(1)

Site.

a.

Mobile home parks shall not be located on property that is exposed to objectionable smoke, dust, noise, odor, or other adverse influences, and no portion of the site shall be located on property that is subject to sudden flooding or erosion. The conditions of soil, groundwater level, drainage, and topography shall not create hazards to the property or health and safety of the occupants.

b.

The site of the mobile home park that is subject to flooding or any portion of the park that is within a "special flood hazard area" must be designed in accordance with article VI of this chapter. In addition, stormwater detention constructed with a controlled release in accordance with the appropriate sections of chapter 66.

c.

The mobile home park shall be served by city sewer and water lines adequate to meet the needs of the park, and pursuant to city and state standards.

d.

The streets and highways serving as access roads to the site shall be of adequate width and design to accommodate the increase in traffic.

(2)

Minimum plan requirements.

a.

The minimum site for a mobile home park shall be ten acres with a minimum of 50 lots and shall not exceed 40 acres in area.

b.

A mobile home park shall provide indoor and outdoor community use facilities and recreational open space of not less than 15,000 square feet in area for each gross ten acres or portion thereof or 300 square feet for each mobile home site, whichever is greater.

c.

A buffer strip of 30 feet shall be maintained adjacent to the property line of the mobile home park except that 55 feet shall be required adjacent to a principal city, county, or township highway right-of-way. Seventy-five feet shall be required adjacent to a state and interstate right-of-way.

d.

At least one permanent building within the mobile home park shall be constructed of brick, cinder block, or other material suitable to serve as a shelter during times of high winds or storms. The shelter area must be usable at all times and provide space equal to 15 square feet for each mobile home unit.

e.

The owner or developer shall provide adequate landscaping including trees and shrubs along the buffer strip of the mobile home park pursuant to an approved landscaping plan.

f.

All utility services, including television service, within the mobile home park shall be located underground.

g.

Signage shall be per article VII of this chapter.

h.

No more than one conventional dwelling unit (caretaker residence) shall be located within the perimeter of the park.

i.

No mobile home or other permitted building shall be closer than 20 feet from the interior line of the mobile home park buffer strip.

j.

Walkways not less than 60 inches wide constructed of concrete or asphalt pursuant to city standards; and:

1.

Shall be provided across all lot frontage.

2.

Shall be provided from mobile home to frontage walkway or parking space pad.

3.

Shall be provided where foot traffic is concentrated such as near park entrance, office, and community facilities.

k.

All streets and walkways shall be lighted at night.

(3)

Individual mobile home spaces. Each individual mobile home space shall conform to the following minimum requirements:

a.

Each space shall contain a minimum of 5,000 square feet, with a minimum lot width of 50 feet.

b.

No mobile home or accessory structure shall be closer than 25 feet from an interior street curb, and ten feet from an interior lot line.

c.

There shall be a minimum of 20 feet between mobile homes and 50 feet between mobile homes and other permitted buildings. This setback shall include garages, carports, patio covering, and accessory structures, such as storage sheds and similar structures. Standard window awnings, steps, and other small attachments are acceptable within the required setback.

d.

Carports shall be attached to mobile home units.

e.

All mobile homes shall be anchored to permanent foundations.

f.

All mobile homes shall be supplied:

1.

An electrical supply with a minimum of 100-115/220-250 volts, 100 amperes.

2.

Full connection to city sewer services with a minimum four-inch sewer line.

3.

Full connection to city water supply.

g.

Address numbers to be placed on mobile homes facing streets and visible for emergency use, and no less than six inches in height.

(4)

Parking provisions. Required off-street parking shall be in accordance with article III of this chapter.

(5)

Garages. Garages are permitted on each mobile home lot provided that:

a.

Each individual attached or detached garage shall not exceed 24 feet by 24 feet in dimension (576 square feet).

b.

All setbacks are maintained.

c.

Shall not exceed 15 feet in height.

d.

Building permits shall be obtained prior to the construction of any attached or detached garage.

(6)

Streets. The mobile home park developer shall provide private streets for the safe and convenient vehicular access from abutting public streets and roads to each mobile home space. Construction materials and specifications for interior streets shall meet standards as set forth in chapter 74. Streets with allowance for guest parking shall be 36 feet measured from back of curb to back of curb. Park owner shall be responsible for maintenance of the private streets.

(h)

General provisions.

(1)

Garbage receptacles. Garbage cans with tight-fitting covers shall be provided in quantities adequate to permit disposal of all garbage and rubbish. Garbage cans shall be located on the mobile home space. The cans shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that the garbage cans shall not overflow.

(2)

Fire protection. Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size, and number and so located within the park as to satisfy applicable reasonable regulations of the fire department. Fire hydrants shall be placed throughout the mobile home park in compliance with the city fire code. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time.

(3)

Supervision. The licensee or permittee, or a duly authorized attendant or caretaker, shall be in charge at all times to keep the mobile home park, its facilities and equipment, in a clean, orderly, and sanitary condition. The attendant or caretaker shall be answerable, with the licensee or permittee, for the violation of any provision of this chapter to which the licensee or permittee is subject.

(4)

Revocation of license. The officer as designated by the city may revoke any license to maintain and operate a park when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of this chapter. After such conviction, the license shall be reissued if the circumstances leading to conviction have been remedied and the park is being maintained and operated in full compliance with the law.

(5)

Inspection. The placement of a mobile home on a mobile home space shall be subject to the regulations and control of the city building inspector. The city building inspector shall be authorized to verify the mobile home park's compliance with the stipulations of the special use permit.

(Ord. No. 2001-26, § 1(5-3), 10-8-2001; Ord. No. 2005-20, § 2(5-3), 9-12-2005)

(a)

General.

(1)

Findings. The mayor and the city council hereby adopt and incorporate all of the recitations above specifically and expressly as the findings of the mayor and the city council as if fully set forth and incorporated herein as the findings of the mayor and the city council.

(2)

Purpose. The purpose of this section is to provide specific regulations for the placement, construction, and modification of personal wireless telecommunications facilities. The goals of this section are to:

a.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

b.

Encourage the location of towers in nonresidential areas;

c.

Minimize the total number of towers throughout the community;

d.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

e.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse effect of the community is minimal;

f.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas and accessory buildings through careful design, siting, landscape screening, and innovative camouflaging techniques;

g.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

h.

Consider the public safety of communication towers; and

i.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the city shall give due consideration to its comprehensive plan, district map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. The provisions of this section are not intended and shall not be intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless services. To the extent that any provisions of this section are inconsistent or in conflict with any other provision of the zoning ordinance, provisions of this section shall be deemed controlling.

(3)

Procedure. In the course of reviewing any approval required under this section made by an applicant to provide personal wireless service or to install personal wireless service facilities, the zoning officer, the plan commission, or the city council, as the case may be, shall act within a reasonable period of time after the request is duly filed with the city, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. All applications shall be processed in their usual and customary manner, and this section shall not be interpreted to require expedited processing of an application.

(4)

Effect. Should the application of this section, or any portion thereof, have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the city, such applicant may petition the zoning officer for an amendment to this section, or any portion therefor, in the manner provided in article IX of this chapter. The zoning officer, upon receipt of such petition, shall promptly forward the petition to the zoning board of appeals for review and for a public hearing in the usual and customary manner for zoning text amendments as provided in article IX of this chapter.

(b)

Rules and definitions. 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:

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas and towers.

Antenna means any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency.

Antenna structure means those structures which include the radiating and/or receiving system, its supporting structures (see Towers), and any appurtenance mounted thereon as defined by the FCC or any successor agency.

Back haul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height, when referring to a tower or other structure, means the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna structures.

No impact antennas and towers means a tower or antenna which is either:

(1)

Virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure; or

(2)

Camouflaged so as to blend in with its surroundings to such an extent that it is no more obstructive to the casual observer than the structure on which it is:

a.

Placed, such as a rooftop, lighting standard, or existing tower; or

b.

Replacing, such as a school athletic field light standard.

Personal wireless facility means any facility for the provision of personal wireless services as defined by the FCC or any successor agency.

Pre-existing towers or antennas means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of the ordinance from which this section is derived, including permitted towers and antennas that have not yet been constructed so long as such approval is current and not expired.

Tower and antenna ordinance refers to this section.

Towers means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-support lattice towers, guyed towers, or monopole towers. The term "towers" includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. This includes the structure and any support thereto.

Unlicensed wireless service means service which offers telecommunications services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct-to-home satellite services as defined by the FCC or any successor agency.

(c)

Applicability.

(1)

New towers and antennas. All new towers and antennas in the city shall be subject to these regulations, except as provided in subsections (c)(2) through (4) of this section, inclusive.

(2)

Amateur radio operations/receive only antennas. This section shall not govern any tower or the installation of any antenna that is under 80 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas. No receive-only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet.

(3)

Pre-existing towers or antennas. Existing towers and existing antennas which predated this section shall not be required to meet the requirements of this section other than the requirements of subsections (d)(5), (6), (8) and (18) of this section. All pre-existing towers and antennas shall be subject to the tower and antenna administrative fee as of January 1, 2001.

(4)

AM array. For purposes of implementing this section, AM Array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(d)

General requirements.

(1)

Special use. Antennas and towers may be considered a special use. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(2)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with the city development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(3)

Approved site zoning districts. Antennas, antenna structures, and towers shall be allowed as permitted uses as provided in subsection (e) of this section and as special uses as provided in subsection (f) of this section.

(4)

Inventory of existing sites. Each applicant for approval of an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers, antennas, or sites approved for towers and antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(5)

Aesthetics. Towers and antennas shall meet the following requirements:

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

b.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(6)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(7)

State or federal requirements. All towers must meet or exceed current standards or regulations of the FAA, the FCC, or any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower and antenna at the owner's expense.

(8)

Building codes/safety standards. Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industry Association, as amended from time to time. If, upon inspection, the city concludes that an antenna, antenna structure or tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner or operator of the antenna, antenna structure or tower, that the owner or operator shall have 30 days to bring such antenna, antenna structure or tower into compliance with the applicable standards. Failure to bring the antenna, antenna structure or tower into compliance within the 30-day period shall constitute grounds for removal of the antenna, antenna structure or tower at the owner's and/or operator's expense.

(9)

Measurement. For purposes of measurement, tower setback and tower separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

(10)

Not essential services. Antennas, antenna structures and towers shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(11)

Public notice. For purposes of this section, any special use request, variance request, or appeal of any administratively approved use or special use shall require public notice and individual notice by the city to all abutting property owners and all property owners of properties that are located within 250 feet of the zoning lot in question. Streets, alleys, and watercourses shall not be considered in the determination of abutting nor in calculating the 250 feet.

(12)

Signs. No signs shall be allowed on an antenna or tower other than those required by the FCC.

(13)

Buildings and support equipment. Buildings and support equipment associated with antennas and towers shall comply with the requirements of subsection (f)(11) of this section.

(14)

Multiple antenna/tower plan. The city encourages all plans for tower and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(15)

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the city as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units, provided:

a.

The antenna does not extend more than 30 feet above the highest point of the structure;

b.

The antenna complies with all applicable FCC and FAA regulations; and

c.

The antenna complies with all applicable building codes and safety standards as referenced in subsection (d)(8) of this section.

(16)

Antenna on existing towers. An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

a.

General. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole.

b.

Height.

1.

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, such height not exceeding 150 feet in total, to accommodate the collocation of an additional antenna.

2.

The height change referred to in subsection (d)(16)b.1 of this section may only occur one time per communication tower.

3.

The additional height referred to in subsection (d)(16)b.1 of this section shall not require a distance separation. The tower's pre-modification height shall be used to calculate such distance separations.

c.

On-site location.

1.

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.

2.

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

3.

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this section.

4.

The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in this chapter shall only be permitted when approved by the zoning officer.

d.

New towers in nonresidential zoning districts. An applicant may locate any new tower in a B-1, B-2, B-3, M-1, or M-2 zoning district, provided that:

1.

A licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant;

2.

The zoning officer concludes the tower is in conformity with the goals set forth in this section and the requirements of this section;

3.

The tower meets the setback and separation requirements in subsection (f)(5) of this section; and

4.

The tower meets the following height and usage criteria:

(i)

For a single user, up to and including 120 feet in height;

(ii)

For two users, up to 150 feet in height; and

(iii)

For three or more users, up to and including 180 feet in height.

(17)

Roadway access. All sites on which antennas, antenna structures, and towers are located must have a passable roadway access in accordance with section 98-69(b)(2).

(18)

Fencing. The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than eight feet in height where the lot line of the tower or antenna structure site is adjacent to nonresidentially zoned property, or six feet in height where the lot line of the tower or antenna structure site is adjacent to residentially-zoned property. Said opaque screen shall be equipped with an appropriate anti-climbing device. Screening materials shall include either wooden or chainlink fencing. Barbed wire shall be prohibited. Shrubbery and bushes shall be required in accordance with the landscaping requirements of the underlying zoning district, in addition to the wooden or chainlink fence, unless specifically waived by the city in its discretion in appropriate cases.

(19)

Disguised structures. The provider of an antenna, antenna structure, or tower may propose to disguise the proposed antenna, antenna structure, or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of city residents shall not be endangered. The city may require the disguise of an antenna, antenna structure, or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure, or tower is to be erected on a golf course or other public recreational area.

(20)

Annual administrative fee and certifications. Each owner and/or operator of an antenna, antenna structure or tower shall be required annually on January 1 to pay an administrative fee of $500.00 and to provide the following certifications in writing by a certified engineer:

a.

That the owner or operator's antenna, antenna structure or tower has been inspected and is in compliance with all state and local building codes and standards published by the Electronic Industry Association; and

b.

That the owner or operator's antenna is in compliance with the FCC RF Emissions Standards.

The city reserves the right to increase the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or co-locator on a tower.

(21)

Permit required. Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from the city for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure or tower shall pay a fee in accordance with the fee schedule set forth in section 98-260, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review.

(22)

Waiver of provisions. An applicant can request a waiver of any provision of this section upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply.

(e)

Permitted uses.

(1)

General. The following uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.

(2)

Antennas, antenna structures, and towers are specifically permitted in zoning districts M-1 and M-2, so long as said antennas or towers conform to all other requirements of this section.

a.

Antennas or towers located on property owned, leased, or otherwise controlled by the city, particularly and expressly including the city's water tower sites, and city hall and police station sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by the city.

b.

Antennas or towers are permitted to be located on the Burlington Northern Santa Fe Railroad Right-of-Way running Southwest and Northeast through the city, subject to subsection (f)(4) through (15) of this section, inclusive.

c.

No-impact antennas and towers.

(3)

Antennas, antenna structures, and towers shall be allowed as permitted uses only consistent with all of the requirements of this chapter in the M-1 (Limited Manufacturing District) and M-2 (General Manufacturing District) zoning districts.

(f)

Special uses.

(1)

General provisions.

a.

Radio and telecommunications antennas, antenna structures, and towers used for personal wireless facilities, personal wireless services, radio transmission, or television transmission shall be subject to the special use provisions contained within section 98-256(d) and applications for special use permits shall be subject to the procedures and requirements of this chapter, except as modified in this section.

b.

In granting a special use permit, the plan commission may impose conditions to the extent the plan commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

c.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

d.

An applicant for a special use permit shall submit the information described in this section and a non-refundable fee as established by resolution of the city council to reimburse the city for the cost of reviewing the application.

e.

Antennas, antenna structures, and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts: R-1, R-2, R-3, R-4A, R-4B, R-4C, R-5, B-1, B-2, B-3, CBD-1, CBD-2, or O-1.

(2)

Information required. In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this section for an antenna, antenna structure, or tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type, and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed by the city to be necessary to assess compliance with this section. In addition, the following information shall be supplied:

a.

Legal description of the parent track and leased parcel (if applicable);

b.

The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property;

c.

The separation distance from other such structures described in the inventory of existing sites submitted pursuant to subsection (d)(4) of this section shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structures and the owner/operator of the existing structures, if known;

d.

A landscape plan showing specific landscape materials;

e.

The method of fencing, and finish color and, if applicable, the method of camouflage and illumination;

f.

A description of compliance with subsection (d)(3), (5) through (9) and (13) of this section and all applicable federal, state or local laws.

g.

A notarized statement by the applicant as to whether the construction of the tower will accommodate collocation of additional antennas for future users;

h.

Identification of the entities providing the back haul network for the structures described in the application and other cellular sites owned or operated by the applicant in the city;

i.

A description of the suitability of the use of existing towers, other structures, or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and

j.

A description of the feasible locations of future towers or antennas within the city based upon existing physical, engineering, technological, or geographical limitations in the event the proposed tower is erected.

(3)

Factors considered in granting special use permits. The city shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in section 98-256(d). The city may waive or reduce the burden on the petitioner of one or more of these criteria if the city concludes that the goals of this section are better served thereby.

a.

Height of the proposed antenna, antenna structure, or tower;

b.

Proximity of the antenna, antenna structure, or tower to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the antenna, antenna structure, or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress; and

h.

Availability of other suitable existing antennas, antenna structures, towers, alternative power structures and other structures or alternative technologies not requiring the use of towers or structures as discussed elsewhere in this section.

(4)

Height. No antenna, antenna structure, or tower shall exceed a height of 180 linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of 12 linear feet.

(5)

Setbacks and separation.

a.

Setbacks. Antennas, antenna structures, or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off-site residential structure. Antenna structures, guy setbacks, antennas, antenna structures, or towers must be setback a lines, and equipment shelters must satisfy the minimum setback requirements for R-1, R-2, R-3, R-4A, R-4B, R-4C, R-5, B-1, B-2, B-3, O-1, CBD-1, CBD-2, M-1, and M-2 zoning districts.

b.

Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the plan commission may reduce the standard separation requirements if the goals of this section would be better served thereby, or if enforcement of said setback would effectively prohibit said tower:

1.

Separation from off-site uses/designated areas.

(i)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

(ii)

Separation requirements for towers shall comply with the minimum standards established in Table 1.

TABLE 1: Tower Separation Requirements

2.

Separation distances between towers.

(i)

Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers.

(ii)

The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) are as shown in Table 2.

TABLE 2: Existing Towers - Minimum Separation Distances by Types (in feet)

(6)

Siting on wetland prohibited. No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the city, DeKalb, Kendall, or LaSalle Counties, the state department of natural resources, the United States Department of the Interior or the United States Army Corps of Engineers, and any and all governmental bodies and agencies having jurisdiction.

(7)

FCC signage. To the extent that signage is required by the FCC on an antenna structure or tower, that signage shall constitute no more than five percent of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area.

(8)

Preservation of landscape. Existing mature trees growth and natural land forms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible.

(9)

Utilities and access required. Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for personal wireless services, personal wireless facilities and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried.

(10)

Signal interference. No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio bank signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied.

(11)

Equipment shelter and equipment cabinets.

a.

Equipment shelter. A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than 20 percent of the total square footage of the antenna, antenna structure or tower ground site or 450 square feet, whichever is greater. At any antenna, antenna structure, or tower site in which more than one antenna has been collocated, no more than three equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible. No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site. The equipment shelter shall be constructed from either brick or textured concrete materials of a neutral color.

b.

Equipment cabinets.

1.

In residential districts, the equipment cabinet or structure may be located in a rear or side yard provided the cabinet or structure is no greater than four feet in height or 24 square feet of gross floor area and the cabinet/structure is located in a minimum of six feet from all residentially-zoned lot lines, or eight feet from any nonresidentially zoned lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least six feet.

2.

In a rear yard, provided the cabinet or structure is no greater than six feet in height or 64 square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight feet and a planted height of at least six feet. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across from the structure or cabinet by a solid fence six feet in height or a hedge with an ultimate height of six feet.

3.

In commercial or industrial districts the equipment cabinet or structure shall be no greater than six feet in height or 64 square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight feet. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or a hedge with an ultimate height of six feet.

(12)

Code requirements. Any antenna, antenna structure, or tower must meet code requirements established by the National Electrical Code, and BOCA codes currently in effect as required by the city and all applicable marking and lighting standards as established by the Federal Aviation Administration.

(13)

Engineering justification. No new tower shall be permitted unless the applicant provides justification and demonstrates to the reasonable satisfaction of the plan commission that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the plan commission related to the availability of suitable existing towers, other structures, or alternative technology that can accommodate the applicant's proposed antenna, which may consist of the following:

a.

No existing antennas, antenna structures, or towers are located within the geographic area required to meet petitioner's engineering requirements.

b.

Existing antennas, antenna structures, towers, or other structures are not of sufficient height to meet petitioner's engineering requirements.

c.

Existing antennas, antenna structures, towers, or other structures do not have sufficient structural strength to meet petitioner's engineering requirements.

d.

The petitioner's proposed antenna, antenna structure, or tower would cause electromagnetic interference with the existing antenna, antenna structure, or tower, or the antenna on the existing structure would cause interference with the petitioner's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing antenna, antenna structure, or tower or to adapt to an existing antenna, antenna structure, or tower are unreasonable. Costs exceeding new antenna, antenna structure, or tower development are considered unreasonable.

f.

The petitioner demonstrates that there are other limiting factors that render existing antennas, antenna structures, or towers or other structures unsuitable.

g.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro-cell network using multiple low-powered transmitters and receivers attached to a wireline system, is unsuitable. Cost of alternative technology that exceeds new tower or antenna development shall not be presumed to render the technology unsuitable.

(14)

Removal of abandoned antennas, antenna structures, or towers. Any antenna, antenna structure, or tower that is not operated for a continuous period of 12 months or for which the annual administrative fee is not paid within a 12 month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within 90 days of receipt of written notice from the city notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said 90 days, the city shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower.

(15)

Collocation. A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure, or tower, the plan commission may, by express condition, require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to co-locate additional antennas or antenna structures on a freestanding pole which is part of the applicant's proposed personal wireless facility, where such collocation is technologically feasible.

(g)

Nonconforming uses.

(1)

Prohibited expansion of nonconforming use. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2)

Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this section.

(3)

Rebuilding damaged or destroyed nonconforming antennas. Notwithstanding any provision in this section to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this section. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection (f)(14) of this section.

(h)

Annual reporting of information. Each owner of an antenna, antenna structure, or tower regulated under this section, and including those previously existing structures which would have been regulated under this section, shall, on an annual basis, furnish the city, with such information as is required by the city to aid with the administration of this section, such as changes in availability of space on any tower for collocation of additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other non-proprietary information as may be required by the city. Upon written notice from the city to the owner thereof, the effective date of the ordinance from which this section is derived, which tower and/or antenna structure would otherwise be regulated by this section, shall register with the city, and shall provide such non-proprietary information as is deemed useful by the city for administration of this section. This section is specifically deemed to have retroactive effect.

(Ord. No. 2001-26, § 1(5-4), 10-8-2001; Ord. No. 2005-20, § 2(5-4), 9-12-2005)

(a)

Location. An accessory building in a side yard area shall be located no closer to the side lot line than the required side yard setback. When located in a rear yard area, an accessory building shall be located no closer than three feet to the rear lot line or to those portions of the side lot lines abutting such required rear yard, except where there is an accessory building with doors opening onto an alley, such building shall not be located closer than five feet to the rear lot line. In a residential district, no detached accessory building shall be constructed closer than ten feet from the principal building.

(b)

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

(c)

Percentage of required rear yard occupied. No accessory building or buildings shall occupy more than 40 percent of the area of a required rear yard.

(d)

Accessory buildings in residential districts. No accessory building or portion thereof shall:

(1)

Exceed 15 feet in height to the peak of the roof;

(2)

Have more than two overhead doors; and

(3)

Exceed maximum dimensions of 26 feet in width or 30 feet in length.

(e)

On reversed corner lots. On a reversed corner lot in a residential district and within 15 feet of an adjacent property to the rear in a residential district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to 60 percent of the least depth which would be required hereunder for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residential district.

(Ord. No. 2001-26, § 1(5-5), 10-8-2001; Ord. No. 2005-20, § 2(5-5), 9-12-2005)

(a)

Bulk. All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the city.

(b)

Maintenance of yards, courts, and other open spaces. The maintenance of yards, courts, and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space, or minimum lot area allocated to any building, shall by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.

(c)

Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

(d)

Location of required open space. All yards, courts, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(e)

Required yards for existing buildings. No yards, now or hereafter, provided for a building existing on May 1, 1990, shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.

(f)

Yard requirement exceptions. The following are permitted obstructions or intrusions in required yards as indicated:

(1)

Air conditioning equipment shelters which may project more than six feet into required yard or court. S R C

(2)

Arbors or trellises, and where trellises are attached to the principal building, may also project into front yards, side yards, and courts. F S R C

(3)

Architectural entrance structures on a lot not less than two acres in area or at entrance roadways into subdivisions containing 100 or more lots. F S R

(4)

Awnings or canopies, which may project not more than three feet into a required yard or court. F S R C

(5)

Bay windows, projecting not more than three feet into a yard. F S R

(6)

Chimneys, attached, projecting not more than 24 inches into a yard or court. F S R C

(7)

Eaves and gutters on principal building or accessory buildings. F S R C

(8)

Fallout shelters, attached or detached, when conforming also with other codes and ordinances of the city. R

(9)

Fences. F S R C

(10)

Fire escapes, open or enclosed, or fire towers may project into a required front yard or side yard adjoining a street not more than five feet and into a required interior side yard or court not more than 3½ feet. F S R C

(11)

Flagpoles. F S R C

(12)

Front entry roofs projecting not more than four feet into a yard. F

(13)

Garages or carports, detached. S R

(14)

Growing of farm and garden crops in the open. S R

(15)

Hedges. F S R C

(16)

Lawn furniture, such as benches, sundials, birdbaths, and similar architectural features. F S R C

(17)

Open off-street loading spaces. R

(18)

Open off-street parking spaces which shall be located not less than five feet from a lot line, or not less than ten feet from a building wall in courts, or greater distance if required herein for a specific use. In manufacturing districts and all business districts, open off-street parking spaces may be in a required front yard or side yard adjoining a street as hereinafter regulated. S R C

(19)

Ornamental light standards. F S R C

(20)

Playground and laundry-drying equipment. S R C

(21)

Playhouses and open-sided summer houses. S R

(22)

Satellite dish antennas. S R

(23)

Sheds and storage buildings for garden equipment and household items as accessory to dwellings and buildings and structures customarily incidental to the pursuit of agriculture. R

(24)

Sills, belt courses, cornices, and ornamental features of the principal building, projecting not more than 18 inches into a yard or court. F S R C

(25)

Steps, open, necessary for access to and from the dwelling or an accessory building, steps as access to the lot from the street, and in gardens or terraces, provided there are no more than eight steps for access to and from a principal or accessory building. F S R C

(26)

Swimming pools, private, when also conforming with other codes or ordinances of the city. R

(27)

Terraces, patios, decks, and outdoor fireplaces. S R

(28)

Tennis courts, private. S R

(29)

Trees, shrubs, and flowers. F S R C

(30)

Walks. F S R C

(31)

Other accessory buildings, structures, and uses as herein permitted in district regulations as accessory to a specific permitted use. F S R C

(g)

Additional standards regulating fences, walls, and hedges.

(1)

A fence, wall, hedge, or shrubbery may be erected, placed, or maintained, or grown along a lot line on residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level, except that no such fence, wall, hedge, or shrubbery which is located in a required front yard shall exceed a height of three feet. Where such lot line is adjacent to nonresidentially zoned property, there shall be an eight foot limit on the height of a fence, wall, hedge, or shrubbery within a rear or side yard area.

(2)

No fence, wall, hedge, or shrubbery shall be erected, placed, or maintained, or grown along a lot line on any nonresidentially zoned property which is adjacent to either residentially or nonresidentially zoned property, to a height exceeding eight feet, except that no such fence, wall, hedge, or shrubbery which is located in a required front yard shall exceed a height of three feet.

(3)

In any other district, no fence, wall, hedge, or shrubbery shall be erected, constructed, maintained, or grown to a height exceeding three feet above the street grade nearest thereto, within 25 feet of the intersection of any street lines or of street lines projected.

(4)

Unless a written agreement signed by the adjacent owner of record is filed with the city clerk, a hedge or shrubbery must be placed or grown at least 36 inches inside the lot line. Fences and walls shall be erected not less than three inches inside the lot line with no written agreement of adjacent property owners necessary.

(5)

Any fence constructed on any property shall have the finished side of the fence facing the adjacent property.

(6)

No fence shall be constructed in a front yard setback area except split-rail, wrought iron, chainlink, or open-space picket fences, all of which shall not exceed three feet in height.

(h)

Established setback. When 40 percent or more of the lots fronting on one side of the street within a block are improved, the setback shall be established on that side of the street by the average setback of the four improved lots in the block nearest the lot in question. This established setback shall be used to determine front yard requirements for existing structures where no setback was recorded. If there are less than four improved lots, the maximum number of improved lots in the block, then the total lots in the block shall be used to determine the average set back.

(Ord. No. 2001-26, § 1(5-6), 10-8-2001; Ord. No. 2005-20, § 2(5-6), 9-12-2005)

(a)

Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

(b)

Lots or parcels of land of record. Any single lot or parcel of land, which is part of a subdivision, or a parcel of land whose boundaries have been established by some legal instrument, and is shown on a map or plat thereof, which has been legally approved by the city council and recorded in the office of the recorder of deeds on or before May 1, 1990, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts, or usable open spaces are not less than 90 percent of the minimum required dimensions and areas.

(Ord. No. 2001-26, § 1(5-7), 10-8-2001; Ord. No. 2005-20, § 2(5-7), 9-12-2005)

Airports and surrounding territory are subject to the rules and regulations of the state department of aeronautics and to the following:

(1)

Height of structures in areas surrounding the boundaries of airports having an established approach plan that has been approved by the state department of aeronautics shall be in accordance with the requirements set forth in the approach plan.

(2)

A runway obstacle free zone (OFZ) shall extend for a horizontal distance of 200 feet beyond the end of each runway. Fragile navigational aids are the only object penetration of air space allowed in this OFZ.

(3)

A runway protection zone (RPZ) shall extend for a horizontal distance of 1,000 feet beyond the end of the runway obstacle free zone, or 1,200 feet beyond the end of each runway. The RPZ shall have an inner width of 250 feet and an outer width of 450 feet. For every 200 feet of horizontal distance within the RPZ, the height of structures may not be increased by more than ten feet (20:1 approach slope).

(4)

Building restriction lines (BRL) shall be established in respect to the centerlines of airport runways, and which reflect the inner-transitional obstacle free zone air space slope surfaces as established by the Federal Aviation Administration and the state department of aeronautics.

(Ord. No. 2001-26, § 1(5-8), 10-8-2001; Ord. No. 2005-20, § 2(5-8), 9-12-2005)