St Bonifacius City Zoning Code

SUPPLEMENTARY REGULATIONS

§ 157.100 ARCHITECTURAL STANDARDS.

(A) Purpose and intent.

(1) It is in the best interests of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods.

(2) However, it is not the intent of the city to unduly restrict design freedom when reviewing project architecture in connection with a site plan.

(B) Applicability. This subdivision applies to all construction that requires a site plan review in the R-6, B-2, MU-BR, MU-BI, I and PUD Zoning Districts.

(C) Submission requirements. Architectural plans shall be prepared by a registered architect or other qualified person acceptable to the City Administrator/Clerk/Treasurer and shall show the following:

(1) Elevation of all sides of the building;

(2) Type and color of exterior building materials;

(3) Typical floor plan;

(4) Dimensions of all structures;

(5) Location and proposed screening of trash and recycling containers, outdoor storage items and heating, ventilation and air conditioning equipment; and

(6) All proposed materials, board-mounted.

(D) District architectural standards.

(1) In the R-6, B-2, MU-BR, MU-BI, and Non-Residential PUD zoning districts, at least 75% of the exterior building finish on all sides shall consist of materials comparable in grade and quality to the following: brick, natural stone, architecturally-enhanced concrete block, glass, stucco, wood, or Hardi™ and other fiber cement siding. Architecturally-enhanced concrete block or panels, pre-finished metal, and EIFS (Exterior Insulation and Finishing System), may be used on the remaining 25% of the building exterior at the discretion of the City Council. The rear elevation shall not exceed 75% of one color if the rear of the building faces a paved street, an R-I district, or a residential PUD.

(2) In the I-Industrial zoning district, at least 75% of the exterior building finish shall consist of materials comparable in grade and quality to the following: brick, natural stone, glass, stucco, architecturally-enhanced concrete block or panels, or Hardi™ and other fiber cement siding. Pre-finished metal, EIFS, and wood may be used on the remaining 25% of the building exterior at the discretion of the City Council.

(3) In the R-6, B-2, MU-BR, MU-BI, I, and Non-Residential PUD districts, if the building is designed that garage doors are not visible to any adjacent properties at a site line of an eight foot mean elevation, they may be prefinished metal with Council approved screening.

(E) General standards.

(1) All buildings must have a continuous, perimeter foundation. Post-frame construction method is permitted.

(2) All rooftop or ground-mounted mechanical equipment shall be screened from view with materials compatible with the principal structure. Low-profiled mechanical units that blend in with the building architecture are exempt from this screening requirement.

(3) In the refacing of existing, metal-finished structures, at least 75% of the new exterior building finish on the front and side elevations shall consist of materials comparable in grade and quality to the following: brick, natural stone, glass, EIFS, EIFS panels, stucco, wood, or Hardi™ and other fiber cement siding. Architecturally enhanced concrete block or panels and pre-finished metal may be used on the remaining 25% of the front and side building exteriors at the discretion of the City Council. The rear elevation may consist of 100% architecturally enhanced concrete block, EIFS, stucco, or EIFS panels. If the rear of the building faces a paved street, the aforementioned front elevation requirements shall apply.

(Ord. passed 12-17-2014; Ord. 2, passed 4-1-2015; Ord. 2018-2, passed 12-19-2018; Ord. 2025-01, passed 7-2-2025)

§ 157.101 EXCEPTIONS FROM HEIGHT LIMITATION.

(A) Church spires, belfries, cupolas and domes which do not contain useable space; monuments, fire and hose towers, flag poles, chimneys and parapets, and walks extending not more than three feet above the maximum height of the building. Cooling towers and elevator penthouses may be constructed to a height which is up to 50% in excess of the limitations set forth elsewhere in this chapter if approved as provided within this chapter.

(B) Heights allowed under this section shall be permitted only by a conditional use permit granted by resolution of the City Council determining that such structure would not be dangerous to the public and would not adversely affect adjoining or adjacent property.

(C) (1) On that portion of any lot which slopes downhill from the street at an average slope of 25% or more (measured in the general direction of the side lot lines) and is to be occupied by the main building, an additional 12 feet of height may be permitted in such main building provided the lowest floor shall not be less than ten feet below the average established property line grades along the front lot.

(2) The floor of the basement shall be considered the lowest floor and a cellar or sub-basement floor shall not be counted.

(Ord. passed 12-17-2014)

§ 157.102 ACCESSORY AND UTILITY BUILDINGS.

(A) Except where specifically stated, the following restrictions apply only to structures in R-1 and R-2 Zoning Districts.

(B) Footings or concrete slabs are required for buildings larger than 200 square feet in any zoning district where permitted.

(D) Accessory buildings shall not be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(E) Detached accessory buildings shall not exceed 15 feet in height.

(F) In the R-6 Zoning District, the height of the accessory building shall not exceed 80% of the principal building.

(G) In multi-family and commercial zoning districts, accessory structures shall be constructed of the same building material as the principal structure.

(H) Cellars, basements, tents, trailers and accessory buildings shall not, at any time, be used as an occupied dwelling unit.

(I) Maximum size of combined accessory structures shall not exceed 1,000 square feet. Total impervious coverage for any lot shall not exceed 35%.

(J) All detached structures larger than 200 square feet shall be of compatible design and a complementary color scheme to that of the principal building.

(K) Maximum number of accessory buildings (not including primary garage) serving any one principal structure shall be two, with a limit of one over 200 square feet.

(L) Any utility building shall not be used for storage of commercial equipment.

(M) Minimum size of utility buildings shall be 36 square feet and maximum size shall be 200 square feet. Maximum height shall be 15 feet.

(N) Utility building setbacks shall be five feet from all property lines and outside of utility easements.

(O) One utility building per property.

(P) Shipping/storage containers and trailers in residential areas shall be prohibited for use as a storage structure, except as a temporary unit for moving purposes for a period of not more than one consecutive month in a 12-month period or as a temporary construction project container for a limited time not to exceed three consecutive months.

(Ord. passed 12-17-2014; Ord. 4, passed 4-27-2016; Ord. 2025-01, passed 7-2-2025)

§ 157.103 LOTS OF RECORD.

Any residential lot created and recorded prior to the effective date of this chapter may be used for any permitted use even though the lot area and/or dimensions are less than those required for the district in which the lot is located; provided that:

(A) Other requirements of the district are met;

(B) No adjacent land or lot is owned by the owner of the lot in question or has been sold by an adjacent owner since the effective date of this chapter; and

(Ord. passed 12-17-2014)

§ 157.104 AFFORDABLE HOUSING AND LOTS.

(A) If, within any proposed plat in the R-1 District, the subdivider feels that it will not violate the intent of this chapter to deviate from the width and area requirements listed within the R-1 Zoning District, he or she may propose a plan to provide alternate sized lots.

(B) No lot shall be approved for a reduction in width or area by more than 5% unless the subdivider indicates the type of house to be constructed upon such lots; and, provided that, not more than 10% of the lots in such plat are so reduced and that no other variances from the lot setback or impervious surface requirements are required to construct a structure.

(C) All such undersized lots shall be specifically called to the attention of both the Park/Planning Commission and City Council by the applicant during the platting process.

(D) The minimum dimension of any part of the basic dwelling shall be 22 feet. This shall not be construed to prohibit smaller individual room additions or to restrict architectural design flexibility or integrity.

(Ord. passed 12-17-2014)

§ 157.105 NUMBER OF PRINCIPAL BUILDINGS ON A LOT.

No more than one principal building shall be located on a zoning lot.

(Ord. passed 12-17-2014)

§ 157.106 FENCES.

(A) Boundary line fences shall be located entirely upon the private property of the party constructing the fence. The party constructing the fence shall be responsible for maintaining that part of its property between the fence and the property line.

(B) Any applicant for a fence permit must establish the boundary lines of the property by a survey thereof, existing or to be made by any registered land surveyor or by showing the stake markers of the surveyed lot.

(1) Fences in all districts shall be maintained so that all surfaces shall be uniformly painted, unpainted or stained in a neat and aesthetically pleasing condition.

(2) The fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private.

(3) No fence shall be permitted on a public right-of-way or boulevard area.

(4) No fence shall be erected on a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic.

(5) Any fence which is dangerous to the public’s safety or general welfare and health is a public nuisance and the city may commence proceedings for the abatement thereof. Electric fences may not be used as boundary fences and such material as hog wire, barbed wire, safety, construction, silt or snow fencing will not be allowed as permanent fencing.

(6) Snow fencing may be used from November 1 to April 1 with the approval of a fence permit from the City Council.

(7) All construction or silt fencing may be used for any work requiring a building permit and for the duration of said permit; no fence permit shall be required. Other jurisdictions may require a longer time period for the silt fence or construction fence to remain in place.

(8) The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property.

(D) Fencing in residential districts (R-1, R-2, R-6): a fence may be located inside the rear lot line to a maximum height of six feet and to a maximum of six feet inside the side lot lines up to the point where it is parallel to the front edge of a house. From this point forward to the right-of-way, the height of the fence shall not exceed a height of four feet. Any fence that crosses the width of the front yard shall not exceed a height of four feet.

(E) Fencing in business and industrial districts (MU-BR, B-2 and I-1): fences may be located along a lot line to a height of eight feet.

(F) A variance is needed for fences exceeding the above mentioned heights.

(G) (1) Outdoor swimming pools as described below shall be adequately fenced to prevent uncontrolled access from the street or adjacent property.

(2) Outdoor swimming pools with a capacity of 1,500 gallons or more, or with a depth of three feet or more, of water shall be fenced in compliance with regulations below.

(3) A fence at least four feet in height measured from ground level shall completely enclose any permanent, outdoor swimming pool, whether it is an above-ground or in-ground pool, that equals or exceeds the conditions set forth above. Any fence over six feet in height measured from ground level shall require a variance.

(4) No existing fence in violation of this subdivision will be allowed to be replaced or rebuilt. Should an existing fence be replaced or rebuilt, it must come under the regulations of this division (G).

(Ord. passed 12-17-2014)

§ 157.107 OUTDOOR STORAGE.

(A) (1) Recreational vehicles, camping trailers, pop-up campers (collectively “RV” or “RVs”) may not be used for living, sleeping or housekeeping while parked or stored on any property within the city except as expressly authorized herein. RVs shall not be parked within any setback required on any parcel of land within the city under this chapter, except on a driveway (bituminous, concrete or pavers or two inches of Class 5 material). An RV may encroach upon the front yard setback, but not block any sidewalk. Once each calendar year, a RV may be used for camping purposes on an individual tax parcel (multiple adjacent tax parcels under common ownership are considered to be one tax parcel for the purpose of this division (A)) for up to 14 continuous days. The use must be continuous. By way of example, it is not permissible to use a RV on a tax parcel for overnight camping for two non-consecutive seven-day periods. Any use of a RV for camping purposes beyond 14 consecutive days requires a permit issued by the city and will only be issued based on a reasonable hardship such as a fire or other damage to the residential property on the tax parcel which precludes occupancy at the dwelling house.

(2) Additionally, a RV may be stored (but not used or occupied) on a bituminous, concrete, pavers or two inches of Class 5 material driveway; provided, it does not encroach upon any setback, except upon the front yard setback, and does not block any sidewalk.

(B) In all residential districts, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following:

(1) Laundry drying and recreational equipment;

(2) Construction and landscaping materials and related equipment currently being used on the premises; and

(3) Agricultural equipment and materials if these are used or intended for use on the premises. (Ord. passed 12-17-2014)

§ 157.108 SUPPLEMENTARY YARD REGULATIONS.

(A) No burial of human remains shall be permitted, except in church or municipal cemeteries.

(B) The following shall be permitted setback or yard encroachments:

(1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like; provided, they do not encroach the setback by more than three feet;

(2) Yard lights; provided, the direct light source is not visible from a public right-of-way or an adjacent residential property;

(3) Fences as regulated within the text of this code;

(4) Name plate signs for one- and two-family dwellings;

(5) Plant material, trellises and open arbors;

(6) Flagpoles, sidewalks and driveways (as permitted in §§ 157.058 and 157.070 through 157.072 of this chapter);

(7) Balconies in rear yards;

(8) Awnings and canopies not supported by posts or pillars; and

(9) In side and rear yard areas: fire escapes not to exceed a width of three feet and bay windows not to exceed a depth of two feet and a 20 square foot area.

(C) Except in the MU-BR, Mixed Use - Business Industrial District, expanded minimum setbacks shall apply for structures located adjacent to arterial roadways as identified in the comprehensive plan: arterial streets - 50 feet.

(Ord. passed 12-17-2014)

§ 157.109 FALLOUT SHELTERS.

(A) Fallout, blast or storm shelters are permitted as principal or accessory uses and structures in any district are subject to the yard and setback regulations of the zoning district.

(B) (1) Such shelters may contain, or be contained in, other structures or may be constructed separately.

(2) Additionally, the shelter may be used for any principal or accessory use permitted in the district subject to the district regulations on such use.

(C) Shelters shall not be used for principal uses or accessory uses prohibited expressly or by implication in the district.

(Ord. passed 12-17-2014)

§ 157.110 PRIVATE UTILITY SYSTEMS.

(A) On-site water supply systems.

(1) All new residential, commercial, industrial and institutional buildings shall have their water supply provided by the municipal water supply system.

(2) No wells for the purpose of providing domestic water for human household use shall be drilled, installed or constructed, and no existing well shall be further developed to provide potable water.

(3) New wells may be drilled for agricultural and horticultural use, but there shall be no cross-connections between these wells and the city water system. A cross-connection shall be any means by which a private system could contaminate the city water system and need not be a direct pipe connection.

(4) Any private well now providing water shall be completely disconnected from the plumbing system at such time as the consumer installs a service connection to the city system.

(B) On-site sewage disposal systems.

(1) Existing and future buildings intended for human habitation or use shall not be allowed to use any method of sewage disposal other than the city sewer system.

(2) It shall be unlawful for any person to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended for the treatment or disposal of sewage or wastes.

(Ord. passed 12-17-2014)

§ 157.111 ANTENNAS AND TOWERS.

(A) Introduction.

(1) The city has studied the impact of amateur communication antennas and the towers which support them within the city limits.

(2) The city has considered and referred to FCC Rule PRMU-BR concerning amateur radio communications.

(3) The city acknowledges that it is obligated to accommodate reasonable amateur radio communications and that the regulations imposed by the city in relation to antennas and the towers which support such antennas shall create the minimal practical regulations which are necessary to ensure the public health, safety and welfare. The city has determined that the regulations enacted herein are reasonable and necessary in order to maximize both the use of existing structures and in order to reduce the number of antennas needed to serve the community and to minimize the adverse visual effects of antennas through careful siting standards.

(B) Towers supporting amateur radio antennas. In the R-1, R-2 and R-6 Zoning Districts, towers more than 35 feet in height supporting amateur radio antennas and antennas on such towers may be a conditional use subject to the following.

(1) No more than one tower may be constructed on any lot.

(2) The tower (including the antenna) shall not exceed 60 feet in height as measured from ground level. The tower must be constructed within the rear yard setback of the lot in question. The tower may not be constructed in the front or side yard setbacks. The tower may not be constructed on any drainage or utility easement.

(3) Roof mounted antennas may not exceed a height of 15 feet from the point at which the lower of the tower or antenna joins the roof.

(4) No tower or any antenna array on such tower shall have affixed or attached to it in any way any lights, signs, flashers or reflectors, unless required by the Federal Aviation Agency or the Federal Communications Commission.

(5) Every tower affixed to the ground shall be enclosed from ground level to a height of at least six feet above the ground with some type of a mechanism designed to preclude children from climbing on the tower.

(6) Each tower shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. The tower shall comply with all applicable building, electrical, fire code and manufacturing standards.

(7) As a condition precedent to erecting the tower, the person desiring to erect such tower shall provide the city with proof of liability insurance covering personal injury or property damage in the event that such injury or damage is caused by the tower.

(8) By applying for a conditional use permit to construct such a tower, the applicant agrees to indemnify the city and its officers and personnel, against any claim, demand, damages, actions or causes of action and from any fees, costs, disbursements or expenses of defending the same in relation to the tower and any antenna raised thereon.

(9) No tower or antenna in an R-1, R-2 or R-6 Zoning District may be used for commercial wireless communication purposes including cellular telephones, personal communication services, specialized mobilized radios, enhanced specialized mobilized radios, paging and similar services that are sold to businesses and the general public.

(10) As a condition precedent to the issuance of a conditional use permit, the applicant must agree that in the event any resident within 150 feet of the tower and antenna claims that the antenna interferes with the affected resident’s radio or television reception, the applicant, at the applicant’s expense, must retain an engineer licensed in the state experienced in telecommunications interference to conduct an interference study. The interference study must be provided to the city within 60 days of the complaint of interference. If the interference study determines that the applicant’s operations are the source of the interference, the applicant shall take appropriate corrective actions to eliminate the interference. If the interference study determines that the applicant’s operations are not the source of the interference, for purposes of the conditional use permit, the study shall be presumed conclusive, and any further claims of interference by the complaining resident shall be resolved by the Federal Communications Commission.

(Ord. passed 12-17-2014)

§ 157.112 NON-CONFORMING BUILDINGS, STRUCTURES AND USES.

It is the purpose of this section to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming structures and uses will be operated and maintained.

(A) Any structure or use lawfully existing upon the effective date of this chapter may be continued as a legal non-conforming use, except as hereinafter stated. Whenever a legal non-conforming use has been changed to a conforming use, it shall not thereafter be changed to a non-conforming use. No expansion, enlargement or intensification of a non-conforming use or structure is permitted.

(B) Nothing in this chapter shall prohibit the repair, replacement, restoration, maintenance or improvement, but not including the expansion, of a legally non-conforming building or use to prevent deterioration, obsolescence, depreciation and wear. Any non-conformity, including lawful use or occupation of land or premises existing at the time of the adoption of this chapter, may be continued unless the non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value and no building permit has been applied for within 180 days of when the property was damaged. Market value shall be determined based upon the building’s assessed value on record with the City Administrator/Clerk/Treasurer at the time immediately prior to the loss or damage to the use in question.

(C) Whenever a legal non-conforming structure has been damaged in any manner, it may be constructed and continued as a legal non-conforming use within 12 months unless the damages to such structure total more than 50% of its fair market value as determined by the Building Inspector and approved by the City Council. If the damage exceeds 50% of fair market value, the owner may, within six months, apply to the City Council for a special permit to reconstruct and continue its non-conforming use or operation. Approval to rebuild shall be granted only upon finding:

(1) Such rebuilding or restoration will not substantially extend the probable duration of such non-conforming use;

(2) Restoration will not increase the size, intensity or character of the use that was destroyed;

(3) Restoration constitutes no more than the replacement of the damaged non-conforming use; and

(4) Restoration will be in compliance with all Building Code requirements.

(D) Whenever a legal non-conforming use of land shall have been discontinued for a continuous period of one year, any future use shall be in conformity with the provisions of this chapter.

(E) (1) Any legal non-conforming use of land not involving a structure, or any structure with a market value of $1,000 or less, may be continued for a period of 36 months from the effective date of this chapter. Any sign subject to control by this code, regardless of its value, may be continued as a legal non-conforming use for a period of 24 months. At the end of the aforementioned time periods, the use shall be illegal non-conforming and the offenders shall be in violation of this chapter.

(2) Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions in this chapter shall also apply to any existing uses that become non-conforming as a result of the boundary changes.

(Ord. passed 12-17-2014)

§ 157.113 PERFORMANCE STANDARDS; NUISANCES, HAZARDS AND DRAINAGE.

(A) The guiding of urban development so as to develop a compatible relationship of uses depends upon certain standards being maintained.

(B) Uses permitted in the various district, conditional uses, uses permitted with restrictions and accessory uses shall conform to the following standards.

(1) Nuisance standards.

(a) Noise. Any use established shall be so operated that no undue noise resulting from said use is perceptible beyond the boundaries of the property on which such use is located. This standard shall not apply to incidental traffic, parking, loading, construction, farming or maintenance operations. Noise standards shall be in compliance with the state’s Pollution Control Agency standards.

(b) Vibration. Any use creating periodic earth shaking vibrations shall be prohibited if such vibrations are perceptible beyond boundaries of the property on which the use is located. The standards shall not apply to vibrations created during the process of construction of the building or parking areas.

(c) Glare and heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site in which the use is located. Lighting in all instances shall be diffused or directed away from the residential districts and public streets.

(d) Smoke and particulate matter. Any use established, enlarged or remodeled after the effective date of this chapter shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety or general welfare of the public. Any use shall be so operated as to meet the minimum requirements of the state’s Pollution Control Agency standards.

(e) Odors. Any use established, enlarged or remodeled shall be so operated as to prevent the emission of odorous matter of such quality as to be readily detectable at any point beyond the lot line of the site on which such use is located. The emission of odor by any use shall be in compliance with and regulated by the state’s Pollution Control Agency standards.

(f) Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety or welfare, or cause injury or damage to property or business.

(2) Hazard standards.

(a) Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any residential district and shall require a conditional use permit. All uses must have a certificate of compliance from the state’s Fire Marshal office as well as the Pollution Control Agency. This section shall not apply to the storage or usage of liquid petroleum or natural gas for normal residential or business purposes.

(b) Radiation emissions. All activities that emit radioactivity shall comply with the minimum requirements in the state’s pollution standards.

(c) Electrical emissions. There shall be no electrical disturbance adversely affecting the operation of any equipment, including, but not limited to, radio and television reception, other than that of the creator of the disturbance.

(d) Toxic material. Any use shall not discharge toxic matter into the atmosphere, water or subsoil.

(3) Drainage standards. No land shall be developed and no use shall be permitted that result in water run-off causing flooding or erosion on adjacent properties. Such run-off shall be properly channeled into a storm drain, watercourse, ponding area or other suitable facility.

(Ord. passed 12-17-2014) Penalty, see § 157.999

§ 157.114 FARMING.

(A) For purposes of this section, a FARM shall be defined as a parcel of land that is used primarily for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock.

(B) All farms currently in existence, from the effective date of this chapter, shall be permitted to continue operation subject to the following conditions.

(1) Limited sales of products produced may be conducted on the premises from a roadside stand but such stands shall not exceed 12 feet in height or 500 square feet in floor area, and no portion of any such stand shall be located or erected closer than 45 feet from any curb line or edge of roadway.

(2) Agricultural uses including truck gardening and other horticultural uses, but excepting commercial animal farms, fur farms, kennels and poultry farms, are permitted uses in the district in which an existing operation is located provided any new building or stable in which farm animals are kept shall be a distance of 100 feet or more from any other lot in any other residential district.

(Ord. passed 12-17-2014) Penalty, see § 157.999

§ 157.115 MINING.

(A) Permits for mining operations in all zoning districts shall be by conditional use permit only.

(B) The following conditions must be met:

(1) Submittal of a registered land survey indicating where the processing is to be done;

(2) No permit shall be granted for a period of longer than 12 months;

(3) Operations shall have direct access to an arterial road as identified in the comprehensive plan;

(4) A plan showing the route of trucks moving to and from the site in removing processed material from the site;

(5) The site shall be returned to its natural state as it was prior to mining including, but not limited to, trees (on a caliper inch basis), grasses, private roads and the like; and

(6) Any other conditions the Council deems necessary in order to protect the health, safety and welfare of the city.

(Ord. passed 12-17-2014)

§ 157.116 LAND RECLAMATION.

(A) For purposes of this section, LAND RECLAMATION is the reclaiming of land by depositing of materials so as to elevate the grade or elevation of land.

(B) Land reclamation shall be permitted only by conditional use permit in all districts.

(1) The deposition of more than 400 cubic yards of fill; and

(2) The raising of any portion of the property to an elevation greater than two feet above the original grade.

(D) The following conditions shall be met:

(1) A finished grade plan of the site which will not adversely affect the adjacent lands and as a condition thereof shall regulate the type of fill permitted;

(2) Plan for rodent control;

(3) Plan for fire control and general maintenance of the site;

(4) Plan for vehicular ingress and egress to the site;

(5) Plan for the control of material disturbed by wind or hauling of material to and or from the site;

(6) Upon receipt of application the City Administrator/Clerk/Treasurer shall forward a copy to the City Engineer for review. Where watersheds or wetlands are in question, the state’s Department of Natural Resources shall also be contacted. These technical advisers shall be instructed by the City Council to prepare reports for the Council; and

(7) Any other conditions the Council deems necessary in order to protect the health, safety and

welfare of the city.

(Ord. passed 12-17-2014)

§ 157.117 GRADING.

(A) Grading is the process of changing the existing landscape by altering the existing elevation of any property. Subject to the exceptions set forth below, no land shall be altered or graded and no vegetation shall be removed without first obtaining a permit from the city. The following exception shall be allowed:

(1) A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course, and such other exceptions as listed in Ch. 70 of the Uniform Building Code;

(2) Construction of buildings for which a permit has been applied for and issued, provided the contemplated excavation or filling operation was sufficiently described at the time of building permit application;

(3) Excavations or fills by state, county or city authorities in connection with the construction or maintenance of roads, highways, parks or utilities or on slope or utility easements; provided, such activity is conducted within public rights-of-way or easements;

(4) Curb cuts, utility hook-ups or street openings for which another permit is required from the city; and

(5) Grading plans approved as part of plat approvals.

(B) Issuance of a grading permit shall be made subject to the following minimum requirements and such other requirements as the City Council may specify to protect the public interest.

(1) All operations shall be conducted within the property lines. Grading that extends over the property lines shall require easements from adjacent property owners. Grading within the city right-of- way shall be by city permission.

(2) It shall be unlawful for any person to dig and leave open, unfenced, unbarricaded or uncovered any pit, quarry, hole or excavation, including basements, wells, septic tanks or cesspools.

(3) Finished grades shall not adversely affect adjacent properties.

(4) Drainage facilities shall be provided to effectively divert or convey storm water run-off.

(5) Upon completion of grading operations the disturbed area shall be restored with topsoil or other approved cover material and shall be reseeded to establish approved vegetation.

(6) Provisions for effectively controlling fire, rodents and dispersal of material by wind, or by hauling to and from the site, and for general maintenance of the site shall be made.

(D) The city may require appropriate erosion control measures to prevent soil erosion.

(Ord. passed 12-17-2014) Penalty, see § 157.999

§ 157.118 MOTOR FUEL STATIONS AND CONVENIENCE STORES.

Motor fuel stations and motor fuel station convenience stores shall be allowed in the MU-BR, B-2 and I-1 Zoning Districts subject to the following.

(A) For architectural purposes, each side of a motor fuel station/convenience store shall be considered as a front face.

(B) Motor fuel station/convenience stores shall be architecturally designed so as to be as compatible as possible with the general architectural intent of the area on which they are located.

(C) The setback of any overhead canopy or weather protection, freestanding or projecting from the station structure, shall be not less than ten feet from the street right-of-way line or less than 20 feet from an adjacent property line.

(D) The total height of any overhead canopy or weather protection shall not exceed 20 feet.

(E) Open dead storage of motor vehicles, other than motor vehicles for rent, shall not be permitted for a period of more than 72 hours.

(F) No sales of trailers, campers, motor vehicles or boats shall be permitted.

(G) A minimum 15-foot landscaped yard shall be planted and maintained behind the property line along all adjacent public streets.

(H) No less than 25% of the gross lot area shall be landscaped.

(I) The entire motor fuel site, other than that part devoted to landscaping and structures, shall be surfaced with concrete or bituminous surfacing to control dust and to provide adequate drainage, and such surfaces shall be designed to meet the requirements of a minimum five-ton axle load.

(J) (1) All interior curbing shall be constructed within the property lines to separate driving and parking areas from landscaping areas.

(2) Such curbing shall be constructed of concrete or bituminous material and shall be of a six- inch non-surmountable barrier type design.

(K) Whenever a motor fuel station/convenience store abuts a residential district, a fence or compact landscaped hedge not less than 50% opaque nor less than six feet in height shall be erected and maintained along the side and rear property line that abuts the residential district.

(L) All trash, waste materials and obsolete automobile parts shall be stored within a separate enclosure behind the principal structure.

(M) (1) All rental campers, trailers or motor vehicles shall be stored within the rear and/or side yards not adjacent to the street.

(2) Said rental shall not be stored within the front yard setback or the side yard adjacent to the street.

(N) Adequate area shall be designed for snow storage such that clear visibility shall be maintained from the property to any public street.

(O) All outdoor lighting shall be provided with lenses, reflectors or shades which will concentrate the light upon the premises so as to prevent any undue glare or rays of light therefrom being directly visible from any adjacent street, roadway or private property occupied for residential purposes.

(P) Minimum lot width at the front building setback line shall be 150 feet.

(Q) Setbacks:

(1) Front yard: 60 feet;

(2) Adjacent to street right-of-way: 60 feet;

(3) Adjacent to another lot: 30 feet; and

(4) Pump setback from right-of-way: 25 feet.

(R) Outdoor storage and display of goods for sale are permitted as follows:

(1) Pump island storage and display of goods for sale shall:

(a) Be allowed only at the interior fuel pump islands;

(b) Be allowed only between the canopy stanchions;

(d) Not interfere with the movement of traffic; and

(e) Be kept in a neat and orderly appearance with excess wrapping removed regularly.

(2) Sidewalk storage and display of goods for sale shall allow a minimum width of 36 inches free of displays, except where Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq., regulates differently.

(Ord. passed 12-17-2014) Penalty, see § 157.999

§ 157.119 DRIVE-IN ESTABLISHMENTS.

(A) For purposes of this chapter, DRIVE-IN ESTABLISHMENTS shall mean drive-in restaurants, fast food businesses with a drive thru and drive-in theaters.

(B) Drive-in establishments shall be allowed in the MU-BR, B-2 and I Industrial Zoning Districts subject to the following.

(1) No drive-in structure shall be located within 150 feet of any residentially-zoned property.

(2) No drive-in structure shall be located within 200 feet of a school or church.

(3) No drive-in shall be located on any street other than an arterial roadway or business service road.

(4) No access drive shall be within 100 feet of intersecting street right-of-way lines.

(5) No less than 25% of the gross lot area shall be landscaped.

(6) Adequate area shall be designated for snow storage so that clear visibility shall be maintained from the property to any public street.

(7) A six-inch non-surmountable curb shall separate all walks and landscape areas from parking areas.

(8) Should the use be a drive-in theater, an opaque fence not less than eight feet in height and extending at least to within two feet of the ground shall be constructed around the property.