For the purpose of this chapter and the promotion of public health, safety, and general welfare of the community, the following districts are hereby established for the city:

(Code 1990, § 12-221; Code 2010, § 12-221; Code 2013, § 48-303)

No land, building, structure, or improvement shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, coverage, yard, space and other requirements established in the district in which such land, building, structure, or improvement is located, and such use is authorized, except as provided by article VII of this chapter, pertaining to nonconformities.

(Code 1990, § 12-222; Code 2010, § 12-222; Code 2013, § 48-304)

Whenever the specific district regulations pertaining to one district permit the uses of a more restricted district, such uses shall be subject to the conditions set forth in the regulations of the more restricted district, unless otherwise specified.

(Code 1990, § 12-223; Code 2010, § 12-223; Code 2013, § 48-305)

It is intended that this chapter be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes except that one accessory residential unit may be provided for a night watchman, motel manager, or similar purpose where essential to the main use of the lot.

(Code 1990, § 12-224; Code 2010, § 12-224; Code 2013, § 48-306)

An improved lot shall not hereafter be divided into two or more lots unless all lots resulting from such division comply with all the applicable yard, space, area, parking and loading regulations of the zoning district in which located.

(Code 1990, § 12-225; Code 2010, § 12-225; Code 2013, § 48-307)

No building, structure, or improvement shall be permitted to encroach upon required yard spaces set forth in the provisions of this chapter; provided, however, that surfaced parking facilities, signs, fences, and gasoline pumping service units may be permitted to occupy required yard space unless otherwise prohibited in those districts permitting such improvements and provided that no inoperative vehicle may be stored in the front yard of a lot in a residential district.

(Code 1990, § 12-226; Code 2010, § 12-226; Code 2013, § 48-308)

No principal building shall hereafter be constructed on a lot which does not abut a public street. Excepted from this requirement are those buildings which may be a part of a planned unit development in which interior roads may be privately owned and fall under a maintenance covenant approved by the city as part of the planned unit development.

(Code 1990, § 12-227; Code 2010, § 12-227; Code 2013, § 48-309)

Commercial vehicles and trailers of all types, including travel, camping and hauling trailers and mobile homes, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:

(1)

No more than one commercial vehicle, which does not exceed 1½ tons rated capacity, per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products be permitted;

(2)

No more than one noncommercial recreational vehicle, camping, travel, boat, or recreational trailer or hauling trailer per family living on the premises shall be permitted in the front yard and the trailer shall not exceed 40 feet in length or eight feet in width; and further provided that the trailer or vehicle shall not be parked or stored for more than 48 hours unless it is located behind the front yard building line. Additional noncommercial recreational vehicles, camping, travel, boat, or recreational trailers or hauling trailers may be parked inside the area described by the rear yard building lines. A camping trailer, travel trailer or recreational vehicle shall not be occupied either temporarily or permanently while it is parked or stored in any area within the incorporated limits except in a mobile home park authorized under the ordinances of the city, except for in section 48-311; or

(3)

A mobile home shall be parked or stored only in a mobile home park which is in conformity with ordinances of the city.

(Code 1990, § 12-228; Code 2010, § 12-228; Code 2013, § 48-310)

Commercial vehicles and trailers of all types may be displayed in such commercial districts allowing sales of the vehicles or in such industrial districts allowing their manufacture; provided, however, the vehicles may not be used for dwelling purposes either temporarily or permanently except in a mobile home park authorized under the ordinances of the city.

(Code 1990, § 12-229; Code 2010, § 12-229; Code 2013, § 48-311)

(a)

When the provisions of this chapter require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, the screening wall or fence shall:

(1)

Be constructed, designed, and arranged to provide visual separation of uses, irrespective of vegetation;

(2)

Not be less than five feet not more than eight feet in height; and

(3)

Be constructed with all braces and supports on the interior.

(b)

Any outside warehousing or storage will provide screening to conform with subsection (a) of this section.

(c)

The screening wall or fence shall be maintained by the owner of the zoning lot containing the use requiring the construction of the screening. Failure to maintain after notice by the zoning administrator shall constitute an offense hereunder.

(Code 1990, § 12-230; Code 2010, § 12-230; Code 2013, § 48-312)

(a)

Sewer connection within 30 days. The owners of all lots lying alongside or abutting upon any alley or street upon which a lateral of the city system of sanitary sewers is now, or hereafter will be laid, shall connect all water closets, urinals, sinks, or other places where refuse, slops, wastewater, or domestic waste of any kind is accumulated or deposited, within 30 days after the completion of such lateral, provided that this shall not apply to any lot on which there is an approved septic or other system in operation on the effective date of this section.

(1)

The facilities required by this subsection shall be the sanitary water closet type when such building is located within 250 feet of a sanitary sewer and is accessible thereto.

(2)

No person owning property accessible to a sanitary sewer as defined in this section shall permit the accumulation of waste, slops, wastewater or domestic waste of any kind upon such property except in facilities required by this section.

(3)

The public sewer system will be used whenever such system is available by all persons discharging any wastewater, industrial waste, or other polluted liquids unless an exception is granted by the inspector.

(b)

Separate connection required for each building. Each building shall be separately and independently connected with the sanitary sewer where one is provided, except where two or more buildings are on the same lot of ground.

(c)

Connection to be made by licensed plumber. No person shall make any connection to the sanitary sewer, except as a properly licensed plumber.

(d)

Connections with storm sewers or natural outlet prohibited. No person shall deposit or discharge any wastewater, industrial waste, other polluted waters or liquids on public or private property, in or adjacent to any natural outlet or any natural watercourse, or in any storm sewer within the city, or in any area under the jurisdiction of the city without the approval of the state department of environmental quality.

(e)

Connections to laterals only. No private sewer connections, whether or not within the city limits, shall be made to any sewer line directly or indirectly connected with the city sewer system other than to a lateral constructed to serve the private premises in question, except by a special contract approved by the city.

(Code 1990, § 12-231; Code 2010, § 12-231; Code 2013, § 48-313; Ord. No. 798, § 1, 4-3-2017)

In the case of a housing project consisting of a group of two or more buildings to be constructed on a plot of ground of at least two acres, the height, area and setback requirements of this chapter may be modified by the city council upon the recommendation of the planning commission following the submission of an application for such development by the applicant in such cases where the application will provide a development that will be in harmony with the character of the neighborhood, will ensure a density of land use no higher and a standard of open space at least as high as required by this chapter in the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which is less than the requirements of the district in which the housing project is to be located.

(Code 1990, § 12-232; Code 2010, § 12-232; Code 2013, § 48-314)

(a)

Carports shall be allowed within the city limits pursuant to the following standards:

(1)

Each carport shall be at least 15 feet from the front line of the property on which it is built. The term "front line" is defined as the boundary line which abuts the street designating the residence address of the property.

(2)

Each carport shall be at least five feet away from the side boundary of the property on which it is built. The term "side boundary" means the boundaries of the properties which are neither the front nor the rear boundaries of the property.

(3)

On corner lots, the side boundary setback requirement shall be ten feet on the side abutting the street.

(b)

No carport built within the city limits shall be attached to the residence.

(c)

The converting of the carport into a room for the residence is prohibited.

(d)

Owners building a carport must obtain a building permit from the city before construction begins on the carport.

(e)

Carports shall not exceed seven feet in height in the front of the carport and shall not exceed eight feet in height in the rear of the carport.

(Code 1990, § 12-233; Code 2010, § 12-233; Code 2013, § 48-315)

(a)

The conditions for approval shall be as follows:

(1)

Maximum height of all towers shall not exceed 320 feet.

(2)

All towers, including sectional, shall maintain a setback of 80 percent of the tower height from the property line.

(3)

Any unmanned equipment building shall not contain more than 750 square feet of gross floor area and shall not be more than 12 feet in height.

(4)

Satellite and microwave dishes attached to a monopole shall not exceed one meter in diameter or two meters in diameter if attached to a lattice tower.

(5)

A chainlink fence not less than seven feet in height from finished grade shall be installed around a transmission tower or monopole and equipment building with access through a locked gate.

(6)

No excess equipment or parts shall be stored within the site.

(7)

Lights for illumination shall be determined by the FAA and the city on all tower locations.

(8)

No commercial advertising or signage shall be allowed on tower.

(9)

All towers shall meet the minimum construction and structural load standards specified in the city's adopted building code, with the exception that basic design wind speed shall be 90 miles per hour without ice, and designed with ice shall be for one-half inch of radial ice.

(10)

All towers must set back its height distance from any structure that is being occupied.

(11)

Monopole and lattice towers are allowed to affix themselves to existing city or private structures as long as they meet all other requirements. These towers are not to exceed 20 feet above the roofline of the existing structure. In no case shall the height of the tower be located to fall beyond the edge of the roofline.

(12)

Any tower that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the city notifying the owner of such abandonment. If not removed within 90 days, the city may remove the tower at owner's expense.

(13)

A site plan shall be submitted which shows parking spaces and access easement to the property line/owner site.

(14)

The application should look at co-location on an existing tower, and if not feasible, indicate why it is not feasible.

(15)

Must show written approval from property owner as to placement of the tower.

(16)

After installation of the tower the owner must submit as-built plans to be kept on file.

(17)

The applicant must provide a certificate of design by the design engineer as to compliance with this Code upon completion of the tower.

(18)

As part of the approval process the owner must submit annually to an inspection performed by the city inspection department on each tower as to compliance of city codes.

(19)

An appeal to any interpretation of this chapter must be appealed to the city board of adjustment.

(20)

The permit fee for each tower and the permit fee for the equipment building will be in an amount as established by the city council from time to time.

(b)

All applicants for placement of towers must apply by application to the city for the permits. As part of the submittal application for a permit, the approval by FAA on the tower shall be submitted as part of a permit application.

(Code 1990, § 12-234; Code 2010, § 12-234; Code 2013, § 48-316; Ord. No. 677, 6-7-2004)

Towers will be allowed in the following districts:

(1)

A-1 Rural Agricultural Districts;

(2)

A-2 Suburban Agricultural Districts;

(3)

R-1 Single-Family Residential Districts;

(4)

R-2 Combined Residential Districts;

(5)

R-3 Multifamily Residential Districts, with the approval of a conditional use permit;

(6)

C-3 Restricted Commercial Districts;

(7)

C-4 Planned Shopping Center Districts;

(8)

C-5 Automotive and Commercial Recreation Districts, with approval of a conditional use permit;

(9)

I-1 Light Industrial Districts; and

(10)

I-2 Heavy Industrial Districts.

(Code 1990, § 12-235; Code 2010, § 12-235; Code 2013, § 48-317; Ord. No. 676, 6-7-2004)