Wadena City Zoning Code

GENERAL REGULATIONS

§ 152.45 SCOPE OF REGULATIONS.

(A) Except as may otherwise be provided in § 152.06, nonconforming structures and uses, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses, or land shall be located.

(B) No application for a land use and zoning permit or other permit or license, or for a certificate of zoning compliance shall be approved by the Zoning Enforcement Officer and no permit or license shall be issued by any other city department which would authorize the use or change in use of any land or building contrary to the provisions of this chapter, or the erection, moving, alteration, enlargement, or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter.

(C) No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner, except in conformity with the area regulations as hereinafter provided, nor shall the area of any lot be reduced below the minimum requirement herein established.

(2006 Code, § 11.20)

§ 152.46 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot; provided, that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(2006 Code, § 11.20)

§ 152.47 ACCESSORY BUILDINGS.

In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building.

(A) An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building.

(B) A detached accessory building shall not be located in any required front yard.

(C) A detached accessory building not over one story and not exceeding 12 feet in height (measured from ground to eaves) shall occupy not more than 30% of the area of any side or rear yard; provided further, that no detached accessory building shall be placed nearer than two and one-half feet from any side or rear lot line, except that a two-stall garage may be used jointly and solely by the families living on two adjacent lots and may be built so as to place one stall on each side or rear lot line; provided, that the two stalls are separated by a fire wall.

(2006 Code, § 11.20)

§ 152.48 HEIGHT REGULATIONS.

(A) Where the average slope of a lot is greater than one foot rise or fall in seven feet of horizontal distance from the established street elevation at the property line, one story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.

(B) Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to the following: chimneys; cooling towers; elevator bulkheads; fire towers; monuments; penthouses; water towers; stacks; stage towers; or scenery lofts; tanks; ornamental towers and spires; wireless towers; or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(2006 Code, § 11.20)

§ 152.49 YARD REGULATIONS.

(A) The following requirements qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.

(B) Measurements shall be taken from subject to the following requirements.

(1) Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of window wells above the bottom of such yard or court and except for the projections of sills, belt courses, cornices, and ornamental features not to exceed 18 inches.

(2) Open or lattice enclosed fire escapes, fire-proof outside stairways, and balconies opening upon fire towers projecting into a yard not more than two feet or into a court not more than three and one-half feet shall be permitted, where the same are to be so placed as not to obstruct light and ventilation.

(3) A yard, court, or other open space provided about any building for the purpose of complying with the provisions of this chapter shall not again be used as a yard, court, or other open space for another building.

(4) The setback requirements shall be observed on each street side of a corner lot; provided, however, that the buildable width of a lot shall not be reduced to less than 30 feet.

(5) Where a lot is to be occupied for permitted uses without buildings or structures thereon, the side yards and front yards required herein for the zone within which such lot is located, shall be provided and maintained between such use and the respective lot lines; provided, that side and rear yards shall not be required on lots without buildings or structures, used for garden purposes or public playgrounds.

(6) The following shall not be considered to be obstructions when located in the required yards specified:

(a) In front yards. One story bay windows projecting three feet or less into the yard; and overhanging caves and gutters projecting two and one-half feet or less into the yard.

1. A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three feet may be placed around such place.

2. The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth which may cause danger to traffic on a street or public road by obscuring the view.

3. On double-frontage lots, the required front yard shall be provided on both streets.

(b) In side yards. Overhanging eaves and gutters projecting into the yard for a distance of two inches per foot of required side yard; and

1. Enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory structures, tool rooms, and similar buildings or structures for domestic storage; balconies; breeze-ways and open porches; one story bay windows projecting two and one-half feet or less into the yard; and overhanging eaves and gutters projecting two and one-half feet or less into the yard.

2. In determining the depth of rear yard for any building where the rear yard opens into an alley, one-half the width of the alley, but not exceeding ten feet, may be considered as a portion of the rear yard.

(2006 Code, § 11.20) (Ord. 130, passed 12-24-1971) Penalty, see § 152.99

§ 152.50 FENCES.

(A) Fences.

(1) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

FENCE. Any row of stakes, posts, poles, or other vertical supports connected by wire, wood, plastic, or metal is considered a FENCE. Posts not connected but located less than six feet apart so as to form a barrier or define an area are also considered a FENCE.

(2) Location. All boundary fences shall be installed directly adjacent to and on the owner’s side of the property line. It is the property owner’s responsibility to determine the property line. If adjoining property owners cannot agree on the location of the property line, a survey shall be obtained to determine the property line at the cost of the person installing the fence. Determination of the property line location is not the responsibility of the city. No individual may install a fence in any public right of way. No fence shall be located nearer than two and one-half feet to a platted alley.

(3) Construction. Fences shall be installed so that the “face side” or non-structural side is facing the outside, adjoining property or right of way. The structural side that contains the posts, cross members, and the structural pieces shall face toward the fence owner’s side of the property line. All fences shall be constructed of rot resistant materials, preserved, or treated to resist deterioration from the elements. All rear and side yard fences over 48 inches high shall have a minimum of 10% opening for air and light. Any fence that is more than 90% solid or does not let 10% air or light pass through the fence shall be considered a wall and shall be constructed using building setbacks. No fence may support a roof. If a fence supports a roof, it will be considered a structure and will be subject to normal building setbacks.

(4) Access. Access must be available for public utilities personnel to access their equipment and read related meters.

(5) Maintenance. All fences must be installed in a proper workmanlike manner. The fence must be maintained in both structure and finish to be neat in appearance.

(6) Swimming pools. All permanent swimming pools must be fenced and properly gated in accordance with the BOCA National Building Codes.

(7) Height; residential fence heights; maximum.

(a) Rear yard. Six feet. Privacy screening fences up to six feet in height are allowed within the setback areas of a rear or side yard;

(b) Side yard. Six feet except within the setback area, three feet maximum height;

(d) Corner lots. Must allow for the traffic visibility triangle of creating a diagonal line 30 feet back from the corner of two intersecting curbs or curb lines. Nothing in this area may be more than two and one-half feet high; and

(e) A fence more than three feet high that is adjacent to a driveway in a rear or side yard, must be reduced to three feet maximum height within 15 feet of the driveway or set back 15 feet from the property line.

(8) Easement. An owner may install a fence on a utility easement at their own risk. Such fences may be removed or damaged if access is needed on the easement. The replacement or repair of the fence is the responsibility of the property owner.

(9) Prohibited fences. In residential areas:

(a) Barbed wire;

(b) Electric fences, except for underground pet fences;

(d) Woven chicken wire except when used for gardening;

(e) Woven wire not specifically made as a landscape fence;

(f) Chain link fence without a top rail;

(g) Any fence where climbing or traveling over the fence will obviously result in injury; or

(h) Snow fences made of wood or plastic other than temporary fence between November 1 and April 10 of each year. Snow fences may not cause snow to accumulate on the roadway or property of others.

(10) Compliance. Any fence that is currently noncompliant may not be rebuilt or repaired without a permit and must follow current regulations.

(11) Permit. A permit must be obtained prior to the installation of any permanent fence. Any person that fails to obtain a permit to install a fence is subject to a misdemeanor. The payment of a misdemeanor fine does not allow a person to install a fence not in compliance with the regulations and a permit must still be obtained.

(12) Temporary fences. Temporary fences may be constructed for construction sites, securing vacant buildings, snow fencing or gardening. Temporary fences may be installed for a maximum of 150 days.

(B) Vision clearance; fences, walls in front yard.

(1) In any residence zone or any corner lot, no fence or accessory structure or planting shall rise over two and one-half feet in height above the level of the public sidewalk within 20 feet of any corner, so as to interfere with traffic visibility across the corner.

(2) No fence or wall or shrub planting of more than two and one-half feet in height above the level of the public sidewalk shall be erected on any interior lot within ten feet of the front property line where it will interfere with traffic visibility from a driveway.

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

(E) Residential district. No barbed wire shall be allowed in a residential district except barbed wire fences presently used in farming operations.

(F) Screening wall. For patio/decks screening walls that do not extend more than 20 feet in length, may exceed the six-foot height limitation if the wall does not encroach upon side yard and rear yard lot setback requirements.

(G) Commercial/industrial district. No barbed wire shall be used for fencing except that it may be used on security fences which are at least six feet high exclusive of the barbed wire.

(H) Height limitation. Fences in a commercial or industrial district shall be limited to six feet in height.

(I) Fence maintenance.

(1) Both sides of fences shall be maintained in good condition both in appearance and in structure. Wood material, other than decay resistance varieties, shall be protected against decay by use of paint or other preservative.

(2) If 25% or more of the painted surface of a fence is determined by the enforcement officer to be paint blistered, the surface shall be properly scraped and repainted. Maintenance is a responsibility of owner.

(2006 Code, § 11.20) (Ord. 119, 3rd Series, passed 5-22-1998; Ord. 194, Third Series, passed 12-9-2014) Penalty, see § 152.99

§ 152.51 STREETS CLOSURES.

Whenever any street, alley, or other public way is vacated by official action of the city, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

(2006 Code, § 11.20)

§ 152.52 AREAS UNDER WATER.

(A) All areas within the corporate limits of the city which are under water and not shown as included within any zone shall be subject to all of the regulations of the zone which immediately adjoins the water area.

(B) If the water area adjoins two or more zones, the boundaries of each zone shall be construed to extend into the water area in a straight line until they meet the other district at a halfway point.

(2006 Code, § 11.20)

§ 152.53 ESSENTIAL SERVICES.

Essential services shall be permitted as authorized and regulated by law and other ordinances of the city in any district, it being the intention hereof to exempt such erection, construction, alteration, and maintenance from the application of this chapter.

(2006 Code, § 11.20)

§ 152.54 STRUCTURES TO HAVE ACCESS.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(2006 Code, § 11.20)

§ 152.55 SIGN REGULATIONS.

All signs erected or maintained, except official, public traffic, and street signs, shall conform to the provisions of this section and other provisions of this code of ordinances or regulation of the city.

(A) General provisions for all districts. The following regulations shall apply to all signs permitted in all districts.

(1) Signs not permitted in the public right-of-way. Signs are not permitted within the public right-of-way or easements, with the exception of:

(a) A name plate sign erected under a store front canopy near the entrance identifying a place of business, provided, the sign does not exceed 18 inches by 48 inches and is limited to one sign per lot, 50-foot frontage or less. The sign may be illuminated.

(b) A sign suspended parallel with the building from, or forming part of a canopy, awning, mansard roof, not extending more than 24 inches into the right-of-way. The sign and sign structure shall not be less than eight feet from the sidewalk or ground grade line.

(2) Signs permitted in the public right-of-way. Temporary on-site or off-site signs advertising a temporary event such as garage sale signs, yard sale signs, informational signs, directional signs, open house signs, auction signs are permitted in the right-of-way, provided:

(a) Signs are limited to any consecutive three-day period prior to the event and the three consecutive days following the sale or event. Signs must be removed on the fourth day following the sale or event.

(b) Signs shall not exceed 18 inches by 18 inches.

(c) Signs may be posted in the city boulevards provided they do not obstruct the vision of the motoring public and are not in the right-of-way along any state highway.

(d) Exceptions may be with the approval of the City Administrator.

(3) Flashing or rotating signs. Flashing or rotating signs of any kind, including those resembling emergency vehicles are not permitted in any district.

(4) Official marker signs. Signs resembling official government markers or displaying the words "stop" and "danger" are not permitted.

(5) Obstructing an access. No sign shall obstruct any door, fire escape, stairway, or opening intended to provide access to any building or structure.

(6) Rotted, unsafe or unsightly signs. The sign owner or the property owner where the sign is located shall remove or repair the sign when notified by Zoning Administrator that a sign is rotted, unsafe or unsightly.

(7) Sign area maintenance. The owner, lessee, or manager of any ground sign and the owner of the land on which the sign is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot where the sign is located.

(8) Noncommercial campaign signs. Noncommercial campaign signs of any size may be posted from August 1 in a state general election year until ten days following the state general election. The subject matter of a campaign sign must relate to an election in which a candidate is running or issue to be decided.

(B) Signs in R-1 and R-2 Residential Districts. No sign shall be erected in any R-1 or R-2 District except:

(1) A nameplate sign identifying the owner or occupant of a building or dwelling unit, provided, the sign does not exceed six square feet in surface area and five feet in height. The signs may be illuminated;

(2) A sign pertaining to the lease or sale of the building or property, provided, the sign does not exceed four square feet in surface area. The signs shall not be illuminated;

(3) A temporary sign identifying an engineer, architect, contractor, or product engaged in or used in the construction of a building, provided, the sign does not exceed four square feet in surface area and is removed prior to the occupancy of the building.Signs shall not be illuminated; or

(4) Public street identification signs, traffic signs, and directional signs in any parking area where signs are necessary for the orderly movement of traffic.

(1) Total surface area. The total surface area of all business signs on a lot shall not exceed two square feet per lineal foot of lot frontage or 10% of the building frontage area, or 75 square feet in area, whichever is greater. Signs may be illuminated.

(2) Corner lots. For corner lots, the frontage used to determine allowable sign area shall be the least dimension along a street, but an equivalent sign area shall be allowed facing the intersecting street.

(3) Sign height. No sign shall project higher than six feet above the height of the building, or 32 feet above average grade at the building line, whichever is greater.

(4) Painted signs. Signs painted on a building shall be governed by the square footage limitations specified in this chapter. Signs shall be maintained in good condition and shall be repainted, removed, or painted out when, in the opinion of the Zoning Administrator, they are not maintained.

(5) Illuminated signs. Where a sign is illuminated, the source of light shall not be visible from any public right-of-way, and the light shall be directed away from any residential district.

(6) Signs not permitted. Billboard, off-premises signs are not a permitted use in C-B and C-1 Zoning Districts.

(D) Signs in the I-1 and 1-2 Districts. Signs may be erected in industrial districts subject to the following provisions:

(1) Total surface area. The total surface area of all business signs, including billboard off-premises signs on a lot shall not exceed two square feet per lineal foot of lot frontage of 20% of the building frontage area or 300 square feet in area, whichever is greater. Signs may be illuminated.

(2) Billboard off-premises signs. Billboard off-premises signs may be erected in I-1 and I-2 Zoning Districts subject to the following provisions.

(a) Signs structures shall not be erected within:

1. Five hundred feet of any picnic area, rest areas, playground or park, in any direction;

2. Five hundred feet of any existing billboard off-premises sign structures on the same side of the highway and 250 feet between signs on the opposite side of the highway; or

3. Four hundred feet of the C-B Central Business District.

(b) Sign structures may be a single surface or may be a back to back surface and shall not exceed 300 square feet in sign surface area.

(2006 Code, § 11.20) (Ord. 130, passed 12-24-1971; Ord. 5, 3rd Series, passed 1-17-1980; Ord. 55, 3rd Series, passed 5-15-1985; Ord. 98, 3rd Series, passed 4-30-1993; Ord. 139, 3rd Series, passed 5-19-2000; Ord. 147, 3rd Series, passed 12-20-2002; Ord. 165, 3rd Series, passed 10-11-2005; Ord. 233, 3rd Series, passed 8-4-2020) Penalty, see § 152.99

§ 152.56 OFF-STREET PARKING AND LOADING-UNLOADING SPACE REQUIREMENTS.

(A) Parking in the Central Business District. Uses located within the Central Business District are exempt from all off-street parking and loading requirements.

(B) Parking space requirements.

(1) The required parking and loading spaces shall be provided on the premises of each use. Each parking space shall contain a minimum area of not less than 300 square feet including access drives and a width of not less than nine feet, and a depth of not less than 20 feet.

(2) The minimum number of required off-street parking spaces for various uses shall be as follows:

(a) One- to four-family dwelling. One parking space per unit. No garage shall be converted into living space unless other acceptable on-site parking space is provided;

(b) Apartments. One and one-half parking spaces for each apartment, except housing for the elderly projects, which shall provide three-tenths parking space for each dwelling unit;

(d) Mobile home park. One and one-fourth parking space per mobile home berth;

(e) Motel or motor hotel. One parking space for each rental room or suite;

(f) Churches. One parking space for each four seats, based on the design capacity of the main seating area;

(g) Elementary school or junior high school. Two parking spaces for each classroom;

(h) Senior high school. One parking space for each classroom, plus one parking space for each ten students, based on design capacity;

(i) Public administration buildings, community center, public library, museum, art galleries, post office, and other public service buildings. One parking space for each 500 square feet of floor area in the principal structure;

(j) Assembly or exhibition hall, armory, auditorium, theater, or sports arena. One parking space for each four seats, based on design capacity;

(k) Golf course, golf clubhouse, country club, swimming club, tennis club, public swimming pool. Twenty spaces, plus one space for each 500 square feet of floor area in the principal structure;

(l) Hospitals. One parking space for each three beds; convalescent, or nursing home, one parking space for each four beds;

(m) Automobile service station. Four parking spaces, plus two parking spaces for each service stall. Such parking spaces shall be in addition to gas pump service area;

(n) Drive-in restaurant. Twenty parking spaces or one space for each 20 square feet of floor area, whichever is greater;

(o) Restaurant, café, night club, tavern, or bar. One parking space for each 100 square feet of floor area;

(p) Bowling alley. Five parking spaces for each bowling lane;

(q) Miniature golf course, archery range or golf driving range. Ten parking spaces;

(r) Professional offices, medical and dental clinics and animal hospital. One parking space for each 500 square feet of floor area;

(s) Office building. One parking space for each 500 square feet of floor area;

(t) Retail stores and service establishments. One parking space for each 200 square feet of floor area;

(s) Research, experimental, or testing stations. One parking space for each employee on the major shift or one off-street parking space for each 500 square feet of gross floor area within the building, whichever is the greater;

(u) Auto sales, trailer sales, marine, and boat sales, implement sales, garden supply store, buildings materials sales, auto repair. One parking space for each 500 square feet of floor area;

(v) Shopping center. Where several business uses are grouped together according to a general development plan, on-site automobile parking shall be provided in a ratio of not less than three square feet of gross parking area for each one square foot of gross floor area; separate on-site space shall be provided for loading and unloading;

(w) Storage, wholesale, or warehouse establishments. One parking space for each two employees on the major shift or one space for each 2,000 square feet of floor area, whichever is greater, plus one space for each company motor vehicle when customarily kept on the premises; and

(x) Manufacturing or processing plant. One off-street parking space for each two employees on the major shift or one off-street parking space for each 1,000 square feet of gross floor area within the building, whichever is greater, plus one space for all company motor vehicles when customarily kept on the premises.

(1) Location. All required loading or unloading into or out of trucks in excess of three-fourths-ton capacity, or railroad cars, shall be conducted at facilities specifically designed or designated for that purpose. These facilities shall be located upon the zoning lot of the principal use requiring them. All berths beyond one shall be separate from areas used for off-street parking.

(2) Access. Each required off-street loading berth shall be so designed as to avoid undue interference with other vehicular or rail access or use of public streets, alleys, or other public transport system.

(3) Surfacing. All off-street loading facilities, including loading berths and maneuvering areas, shall be surfaced with a hard, all-weather, dust-free durable surfacing material, and shall be well drained and landscaped and shall be maintained in a sightly and well-kept condition.

(4) Landscaping and screening. All berths shall be screened from view from the property street frontage and/or from the zoning district boundary when the adjacent property or property across the street frontage or side street frontage is zoned or used for residential purposes. Said screening shall be accomplished by a solid wall not less than eight feet in height and shall be so designed as to be architecturally harmonious with the principal structure. Screen plantings may be substituted for the prescribed wall, however, such plantings must not be less than two and one-half inches in diameter and of such type as to permit a minimum of 90% opacity during all months of the year.

(5) Design. Fifty percent of the required number of truck berths shall be 50 feet in length, 12 feet in width and 15 feet in height. All loading areas shall consist of a maneuvering area in addition to the berth and shall not use any of that portion of the site containing parking stalls. Maneuvering areas shall be of such size as to permit the backing of truck tractors and coupled trailers into a berth, without blocking the use of other berths or drive or maneuvering areas.

(6) Required loading areas.

(a) Space for loading and unloading of goods, supplies, and services shall be provided in addition to required off-street parking spaces and shall be sufficient to meet the requirements of each use.

(b) The following uses shall observe required loading and unloading spaces as indicated.

Use	Required Spaces
Auditorium, stadium, gymnasium, community centers, and religious institutions and schools (private and public)	1 for every structure over 100,000 square feet of gross floor area
Bowling alleys	1 space for each structure over 20,000 square feet of gross floor area
Furniture, automobile and boat sales, and appliance sales	1 space, plus one additional space for each 25,000 square feet of gross floor area
Hospitals, rest homes, nursing homes, and the like	1 space, plus one additional space for each 100,000 square feet of gross floor area
Light and heavy commercial uses, except where otherwise specified	1 space for the first 10,000 square feet of gross floor area and one space for each additional 50,000 feet of gross floor area
Manufacturing and research, experimental, or testing stations	1 space for each 50,000 square feet of gross floor area.
Motels, hotels, lodging and rooming houses, private clubs, and lodges	1 for each structure over 20,000 square feet of gross floor area
Office building and professional offices (other than doctor and dentist), banks	1 space for buildings between 30,000 and 100,000 square feet of gross floor area and one additional space for each additional 100,000 square feet of gross floor area
Restaurants and other food dispensing establishments except drive-in restaurants	1 for each structure with over 10,000 square feet of gross floor area

(2006 Code, § 11.20) (Ord. 130, passed 12-24-1971; Ord. 5, 3rd Series, passed 1-17-1980) Penalty, see § 152.99

§ 152.57 MINIMUM MOBILE HOME PARK REQUIREMENTS.

(A) Minimum density and area requirements. Lot areas and density as hereby established shall be considered the minimum requirements within a mobile home park.

(1) Minimum area requirements for a mobile home park shall be five acres and shall not be less than 150 feet in width; and

(2) A minimum of 500 square feet per mobile home shall be provided for definable play areas and open space within the mobile home park. Such areas of open space and/or play area shall not be areas included within any setback nor shall they include any areas of less than 20 feet in length or width.

(B) Lot coverage and setback requirements.

(1) Maximum lot coverage for mobile home parks shall be 25%.

(2) Minimum distance between units shall be not less than 20 feet, or the sum of the heights of the two units, whichever is greater; the point of measurement being a straight line between the closest point of the units being measured.

(3) (a) When a mobile home park abuts a single-family residential use area, there shall be a minimum setback on that side of 50 feet between the street right-of-way line and any mobile home park use; which setback area shall act as a buffer zone and shall be landscaped according to a landscape plan, to be submitted at the time of application.

(b) Such plan shall show the type of planting material, size, and planting schedule.

(1) There shall be a minimum front yard setback from the mobile home unit to the street line of 15 feet.

(2) The mobile home stand shall be at such elevation, distance and angle relative to the street and driveway that placement and removal of the mobile home with a car, tow truck, or other customary moving equipment is practical. The mobile home stand shall have a longitudinal grade of less than 4% and transverse crown or grade to provide adequate surface drainage. The stand shall be compacted and surfaced with a material which will prevent the growth of vegetation while supporting the maximum anticipated loads during all seasons.

(3) The entire mobile home park shall be landscaped (excluding hard surfaced areas) and there shall be planted, or otherwise located, one shade tree placed and maintained near each unit pad.

(D) Parking and street requirements.

(1) Parking.

(a) Off-street parking areas shall be surfaced in accordance with the street surface standards below.

(b) All required off-street parking space shall be located not further than 200 feet from the unit or units for which they are designed.

(c) A minimum of one and one-fourth spaces of parking must be provided for each mobile home unit space provided within the park. The one-unit space for occupant use must be within the distance from the unit established above. The remaining spaces equivalent to one-fourth spaces must be in the group compounds at an appropriate location within the park.

(2) Streets.

(a) Streets shall be of sufficient width so as to permit ease of access to the mobile home parking stands and the placement and removal of mobile homes without causing damage to or otherwise jeopardizing the safety of any occupants or mobile homes in the park.

(b) Streets shall have a minimum width so as to permit two moving lanes of traffic. Minimum lane width shall be 15 feet.

(c) Public access to a mobile home park shall be so designed as to permit a minimum number of ingress and egress points to control traffic movement, and to keep undesirable traffic out of the park.

(d) Streets shall be graded to their full width to provide proper grades for pavement and sidewalks to have adequate surface drainage to the storm sewer system. The improvements shall extend continuously from existing improved streets to provide access to each lot and to provide connections to existing or future streets at the boundaries of the mobile home park.

(e) Streets and parking areas shall be surfaced for all weather travel with not less than four inches of crushed stone, gravel, or other suitable base material topped with not less than one and one-half inches of bituminous concrete, or four inches Portland cement concrete. The surface shall be limited at the edge by a Portland cement curb not less than four inches high.

(E) Storage. Enclosed storage lockers when provided, shall be located either adjacent to the mobile home in a mobile home park or at such other place in the park as to be convenient to the unit for which it is provided. Storage of large items such as boats, boat trailers, and the like, shall not be accomplished at the site of the mobile home unit, but rather shall be provided in a separate screened area of the park.

(F) Registration.

(1) (a) It shall be the duty of the operator of the mobile home park to keep a register containing a record of all mobile home owners and occupants located within the park.

(b) The register shall contain the following information:

1. The name and address of each mobile home occupant;

2. The name and address of the owner of each mobile home;

3. The make, model, year, and license and number of each mobile home;

4. The state, territory, or county issuing such license;

5. The date of arrival and departure of each mobile home; and

6. The number and type of motor vehicles of residents in the park.

(2) The park shall keep the register available for inspection at all times by city and county law enforcement officers, public health officials, and other public offices whose duty necessitates acquisition of the information contained in the register. The register record for each occupant and/or mobile home registered shall not be destroyed until after a period of three years following the date of departure of the registrant from the park.

(G) Maintenance. The operator of any mobile home park, 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 said operator, for the violation of any provisions of these regulations to which said operator is subject.

(H) Relocated structures.

(1) Before any house or other structure is moved onto a vacant lot, a special use permit must be secured. The Planning Department shall submit a report concerning type of building and improvements that should be made if the building is relocated. The applicant shall submit photographs taken from two or more angles of the structure to be moved and photos of the lot on which the structure is to be located together with adjacent lots and structures.

(2) Notice shall be given by mail at least ten days prior to the meeting, to the property owners within 150 feet of the subject property. The Planning Commission shall report to the Council whether the structure will be compatible with other development in the area.

(3) If the Council concurs with the decision of the Planning Commission that a structure would depreciate the area into which it is to be moved, the Council may withhold issuance of a permit for such relocation. These requirements do not apply to construction sheds or other temporary structures to be located on a lot for 12 months or less.

(2006 Code, § 11.20) (Ord. 130, passed 12-24-1971; Ord. 8, 3rd Series, passed 4-17-1980) Penalty, see § 152.99

§ 152.58 RESIDENTIAL STRUCTURES.

(A) Unless located in a mobile home park, a travel trailer park, or on an individual nonconforming lot platted prior to the adoption of the zoning code, all residential dwelling structures for living purposes shall be at least 24 feet wide and at least 30 feet long, and placed on a permanent foundation.

(B) Tiny houses are allowed, subject to the following provisions.

(1) Unless it is a second primary structure as allowed in § 152.46 of this code of ordinances, tiny homes may only be placed on lots of less than 9,000 square feet.

(2) Tiny houses must be permanently anchored to a foundation and may include a basement, crawl space, storm shelter, or other similar subgrade area.

(3) Tiny houses must be provided with permanent utility connections, and must include facilities for cooking and personal hygiene.

(4) Any lot on which a tiny house is placed must have at least one off-street parking space for the occupant(s) of the tiny house.

(5) Tiny houses must be new construction and may not be a re-purposed, existing accessory building.

(6) Tiny houses must all be of new construction using new materials.

(2006 Code, § 11.20) (Ord. 26, 3rd Series, passed 7-29-1982; Ord. 245, passed 5-9-2023)

§ 152.59 TEMPORARY STRUCTURES.

(A) Purpose. The purpose of this section is to provide for the regulation of the erection of temporary structures, and structures needed for emergency purposes or for temporary use during the construction of a permanent structure, and to protect and provide for the public's health, safety, and welfare and to protect adjacent property values from being negatively impacted.

(B) Temporary structure defined. A TEMPORARY STRUCTURE shall be defined as any structure not permanently affixed to a foundation which is designed to be transported or dismantled after its function has been fulfilled. These structures may include but are not limited to portable shelters, party tents, facilities in conjunction with construction or emergency activities, and storage pods.

(C) Removal of temporary structure. Temporary structures shall be removed when the designated time period, event, or use for which the temporary structure has been created as established in the land use and zoning permit has ceased.

(D) Procedure. Temporary structures governed by this section shall be allowed by a land use and zoning permit, as may be issued by the Zoning Administrator, in all zoning districts.

(E) Site plan required. A site plan is required in conjunction with the application for a land use and zoning permit injunction with the establishment of new or remodeled temporary structures.

(F) Special requirements for temporary structures.

(1) A time limit shall be established for temporary structures to remain on a site as a part of the land use and zoning permit. Temporary structures allowed by shall be limited to a total of 120 days in duration within a 12-month period. Applicants shall acknowledge and certify the temporary structure shall be in place for 120 days or less. The Planning Commission may extend the 120-day time limit if a practical difficulty exists for a one time additional term not to exceed 120 additional days. The applicant bears the burden of proving a practical difficulty exists.

(2) Temporary structures shall follow the required building setbacks of the applicable zoning district. Any temporary structure is to be located within the interior side yard or rear yard of the site.

(3) No temporary structure shall be allowed to be serviced by water, sewer, electric, gas or any other type of utility.

(4) There shall be no more than one temporary structure per parcel.

(5) A temporary structure must be sufficiently anchored to withstand overturning, uplifting, or sliding from an 80 mile-an-hour wind.

(6) A temporary structure must be of sufficient design to withstand a snow load of 20 pounds per square foot if the structure will be in place at any time during the months of November through April.

(7) No temporary structure shall be placed on a right-of-way or utility easement without receiving prior approval from the Planning and Zoning Department.

(8) Party tents or tents for promotional sales shall be allowed up to ten calendar days per year without having to obtain a land use and zoning permit.

(9) Temporary structures shall not be used for habitation purposes.

(G) Right of appeal. Decisions of the Zoning Administrator may be appealed pursuant to the provisions of § 30.09 of this code.

(Ord. 195, 3rd Series, passed - -) Penalty, see § 152.99