A business or enterprise which offers material for sale, lease, or rental, or which is used for exhibiting or presenting to patrons material, with knowledge that said material explicitly depicts or describes:

Hard fired brick (kiln fired clay or slate material, can include concrete brick if it is to the same ASTM standard for construction as typical hard fired clay brick; severe weather grade; minimum thickness of three inches when applied as a veneer; shall not include unfired or underfired clay, sand or shale brick);

Stone (includes naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all-weather stone that is customarily used in exterior building construction; may also include cast- or manufactured-stone product, provided that such product yields a highly textured, stone-like appearance, its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance-free; natural or man-made stone shall have a minimum thickness of three and five-eighths inches when applied as a veneer);

Decorative concrete block (highly textured finish, such as split-face, indented, hammered, fluted, ribbed or similar architectural finish; coloration shall be integral to the masonry material and shall not be painted on; minimum thickness of three and five-eighths inches when applied as a veneer; shall not include lightweight or featherweight concrete block or cinderblock units); does not qualify as “masonry construction “ for single- or two-family residential structures;

Concrete precast or tilt-wall panels (only allowed if a highly textured, architectural finish which is at least as textured in appearance and physically as face brick or stone; can be brick-like or stone-like in appearance; coloration shall be integral to the masonry material and shall not be painted on; shall not include smooth, untextured or inadequately textured finishes); does not qualify as “masonry construction” for single- or two-family residential structures, for multifamily, for townhomes, or for structures within the city’s original downtown overlay area; and

Glass blocks or tiles (of the type customarily used in exterior building construction; shall not comprise more than 30% of any exterior wall surface, nor more than 20% of the building’s total exterior on all wall surfaces combined; shall not be highly reflective or mirror-like finish); does not qualify as “masonry construction” for single- or two-family residential structures, or for structures within the city’s original downtown overlay area.

Exterior insulation and finish system (EIFS), acrylic matrix, synthetic plaster, or other similar synthetic material;

Cementitious fiberboard siding (such as “HardyPlank”, HardyBoard”, etc.);

PVC or other plastic-based siding material;

Lightweight or featherweight concrete blocks or cinderblocks;

Any other cementitious product not listed above; or

Stucco, exterior plaster, adobe or mortar wash surface material.

All written requests for a special exception for alternative non-masonry exterior building materials to qualify for any portion of the “masonry construction” requirement for any structure shall be submitted in writing to the city, and shall be clearly noted and described in detail on a color facade plan that is submitted along with the building permit application (for single-family and duplex structures only) or with the site plan (for all other types of structures including multifamily, single-family attached, nonresidential structures, etc.) or. [sic] The city may require submission of an actual sample(s) of the proposed exterior finish material(s) prior to consideration of such material(s) by the planning and zoning commission.

The planning and zoning commission may approve a request for a special exception for an alternative non-masonry exterior construction material(s) for any portion of the “masonry construction” requirement for a structure if it is determined to be equivalent or better than the exterior materials otherwise required by this article and by the city’s building code (as part of the site plan approval process for applicable structures such as multifamily, single-family attached, nonresidential, etc.).

Consideration for a special exception to the applicable exterior masonry construction requirement for any structure shall be based only upon the following:

Property lines and physical dimensions of the property;

Location, dimensions, setbacks and types of existing major structures on the property;

Location of the proposed wind system tower, and setbacks/dimensions from all existing structures on site, from all property lines, and from structures on adjacent properties;

Locations and dimensions/setbacks from all public rights-of-way that are contiguous with the property;

Overhead utility lines, and approximate locations/canopy coverage of large existing trees on the property;

Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type and rated kW output;

Tower foundation blueprints or drawings;

Tower blueprint or drawing;

Elevation drawings showing the design and height of the proposed energy system, and any screening that will be provided to screen the system tower from public view.

A clearly visible warning sign that states “Caution, High Voltage” must be placed at the base of all pad-mounted transformers and substations.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 12 feet from the ground.

All access doors to wind energy systems and their appurtenances (e.g., cabinets, junction boxes, etc.) shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

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

The wind tower and generator shall remain painted or finished the neutral white, light grey or silver color or finish that was originally applied by the manufacturer.

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 wind energy system, shall be prohibited. Such signs as described above shall be no larger than four (4.0) square feet in size, and shall be located near the base of the tower.

No flags, pennants, banners or similar materials may be displayed on or attached to any portion of a wind energy system, including its tower, unless a proper permit is obtained from the city for a temporary sign/display, in accordance with article 21.09 (Signs).

Wind energy systems shall be sited, to the greatest extent practical, to minimize the impact of shadow flicker or blade glint upon any inhabited structures (except for the owner’s) or public roadways. Systems found to be a nuisance or a traffic hazard shall be shut down until the flicker or glint problem is remedied.

Wind energy systems shall comply with all applicable Federal Communications Commission (FCC) rules, and shall not cause static noise interference with other individuals’ television reception or with private or public telecommunications (e.g., public safety communications, 911 dispatch, etc.).

The owner shall submit an application to the building official. The application shall be accompanied by standard drawings of the wind turbine structure, a line drawing of the electrical components, and two copies of the site plan for the wind energy system, and any fee the city requires for an accessory use or building.

No permit for a wind energy system shall be issued until evidence of written approval has been given to the city that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator, and the utility company has expressed written approval for the system. Off-grid systems shall be exempt from this requirement.

Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the city’s building code, and certified by a licensed professional engineer, shall also be submitted. This analysis is frequently supplied by the manufacturer.

Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the city’s electrical code. This information is frequently supplied by the manufacturer.

A building permit issued for a wind energy system shall expire if the system is not installed, functioning and passed city inspection within six (6) months (i.e., 180 calendar days) following the date the permit is issued.

A wind energy system that is out-of-service for a continuous 12-month (i.e., 365 calendar days) period will be deemed to be abandoned. The building official (or designee) may issue a notice of abandonment to the owner of a wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 calendar days from the date that the notice was mailed to the owner. The building official (or designee) shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides sufficient information that demonstrates the wind energy system has not been abandoned, and that it is in compliance and operational in accordance with the city’s regulations for WECs.

If the wind energy system is determined to be abandoned, the owner of the wind energy system shall remove the wind generator and tower structure (including all its appurtenances) from the property at the owner’s sole expense within three (3) months (i.e., 90 calendar days) after the notice of abandonment has been sent to the owner. If the owner fails to completely remove the wind generator, tower and any associated appurtenances, the building official (or designee) may pursue a legal action to have the wind generator and tower structure removed at the owner’s expense.

A stacking space shall be an area on a site measuring eight feet (8') by twenty feet (20') with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least eight (8) feet in width and with negotiable geometric design, must be provided to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc.

For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces. One escape lane shall be provided.

For each service window of a drive-through restaurant, a minimum of five (5) spaces shall be provided for the first vehicle stop (usually the menu/order board), and two (2) spaces shall be provided for each additional vehicle stop (order/pickup windows, etc.). One escape lane shall be provided from the beginning of the stacking lane to the first stop (e.g., menu/order board).

For other retail operations (i.e., other than restaurants, banks, etc. specifically cited in this section) and kiosks that provide drive-through or drive-up service (e.g., pharmacy, dry cleaners, etc.), a minimum of three (3) stacking spaces for each service window shall be provided.

For a full-service carwash, each vacuum or gas pump lane shall be provided with a minimum of four (4) stacking spaces. For the finish/drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.

For each automated self-service (drive-through/rollover) carwash bay, a minimum of three (3) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.

For each wand-type self-service (open) carwash bay, a minimum of two (2) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window drying and other detailing, unless a separate area/shade structure is provided (outside of circulation aisles) for these activities.

For automobile quick-lube type facilities, a minimum of three (3) stacking spaces shall be provided for each service bay in addition to the service bay itself.

An oil/lube change establishment and an automated carwash bay shall be the only uses that can have overhead/roll-up service bay doors on opposite sides of the building for drive-through convenience. For a corner lot, only one set of service bay doors (either entrance or exit) may face onto the secondary roadway (for example: along a freeway frontage road one set of doors can face onto the perpendicular side-street and the other/opposite set of doors faces the interior side yard; along a major or minor arterial one set of doors can face onto the perpendicular side-street and the other/opposite set of doors faces the interior side yard; etc.). For a through lot, or for a lot having three or more sides facing a public street, or for another peculiar circumstance pertaining to how a development site is situated, a waiver may be requested and may be approved by the planning and zoning commission during site plan approval process.

Legally nonconforming overhead/roll-up service bay doors in existence as of the effective date of this section may remain used for their current purpose. However, any change of use on the property to any non-automotive-related retail, personal service or food service use (such as a grocery store, convenience store, mini-mart, restaurant, cafeteria, etc.) shall require permanent closure and removal of such doors, and conversion of the openings to either fixed-pane windows or solid exterior construction that matches, to the greatest extent practical, the colors and finishes of the building.

Customers who must physically leave their vehicles and enter a building in order to purchase such food or beverages; or

Sale or service of food to a customer by a fast food or a dine-in/convenience restaurant.

Site and building lighting shall not produce obnoxious glare or direct illumination across the site’s property line from a visible source of illumination that creates a nuisance or detracts from the use or enjoyment of adjacent property. All outside lights shall be comprised of a light source and reflector that act together such that the light beam is controlled and not directed across any neighboring property line above a height of three (3) feet. The allowable maximum intensity measured at the property line adjoining a residential district shall be 0.25 footcandles, and at the property line adjoining a nonresidential district shall be 0.5 footcandles. Light poles shall not exceed the maximum height allowed in the subject property’s zoning district, and they shall be placed on the site a setback equal to their height from all adjacent residential property.

All off-street parking areas for nonresidential uses which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is used after dark, only that part is required to be illuminated.

Building floodlighting shall only be allowed using white, shielded/not visible, steadily illuminating light sources (i.e., shall not be tinted using colored bulbs, gels or lenses, shall not change colors or blink or change intensity in any way, etc.).

Freestanding “art forms” shall not be internally lighted. Such fixtures shall only be externally illuminated using tightly focused uplighting from a white, shielded/not visible, steadily illuminating light source (i.e., shall not be tinted using colored bulbs, gels or lenses, shall not change colors or blink or change intensity in any way, etc.).

In residential or agricultural zoning districts: Prohibited.

In nonresidential zoning districts:

Not be placed/located more than twenty feet (20') from the main building nor on top of any structure.

Not occupy any required parking spaces (except on a temporary basis only, which is a maximum of 45 calendar days per display and a maximum of two displays per calendar year - a city permit shall be required for any allowed outside display occupying any required parking spaces for any length of time).

Not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on site or off site, in any way.

Not extend above ten (10) feet in height nor into public right-of-way, over any easement, or onto adjacent property.

Not be left outside overnight - all outside display items shall not remain outside overnight, but shall be removed and stored within a building at the end of business each day (except for seasonal landscaping/gardening and large new/unused/non-consumable items that cannot reasonably be moved indoors each evening such as landscaping materials, plants, trees, fertilizer/soil amendments, Christmas trees, swingsets/play structures, etc. which may remain outside for as long as sales of such seasonal items is actively occurring - a city permit shall be required for any outside display remaining outside overnight for any length of time).

Be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

Where it is allowed, outside storage shall:

Portable outside storage units shall:

Cargo containers shall:

Have a minimum fifteen (15) foot setback from the property line;

Be supported by masonry or metal columns set in concrete;

Be constructed of construction materials that match the size, shape and material used to construct the main building;

Have a roof that is either gable or flat in design;

Two or more sides of the carport must be open;

Have a maximum height of twelve (12) feet;

The parking area must be constructed of an improved surface; and

There may not be an entry to the rear of the property if the only available access point would be an unimproved alley.

Not encroach into a required front, side or rear yard setback;

Not extend over a public street, a city easement (unless approved by the city’s engineer), or a solid waste container (i.e., dumpster);

Have a minimum 14-foot clearance when extending over a fire lane or vehicular drive aisle; and

Be supported by masonry columns (or masonry-encased columns) that are architecturally integrated and match the materials and colors of the main building.