§ 152.066 ACCESSORY USE SPECIFIC STANDARDS.
   (A)   Accessory dwelling units (ADUs).
      (1)   No more than one ADU shall be allowed on a lot.
      (2)   No more than 25% of the lots within a subdivision may include an ADU within five years of final plat approval.
      (3)   Either the principal dwelling or the ADU shall be owner-occupied, and both dwelling units shall be under unified ownership.
      (4)   Dimensional standards for all ADUs.
         (a)   Unit size.
            (i)   An ADU shall be at least 300 square feet in size.
            (ii)   An ADU shall be the lesser of 33% of the principal dwelling footprint or 750 square feet.
         (b)   No ADU shall be permitted if the building coverage on the lot exceeds, or will exceed with the addition of the ADU, the maximum lot coverage defined in the district requirements.
         (c)   Maximum occupancy of an ADU shall be limited to two people.
         (d)   An ADU shall include a maximum of one bedroom.
         (e)   Setback requirements. All ADUs shall meet the standards for principal buildings and accessory structures set forth in the City Code.
         (f)   Maximum height of an ADU, including one built above a garage, shall not exceed the standards for principal or accessory buildings, as applicable.
      (5)   Parking.
         (a)   A property shall be required to add one more additional conforming, off-street parking space to the required parking regulations set forth in § 152.082 Parking and Loading.
         (b)   Conversion of garage space to an ADU is prohibited unless the parking space requirement is able to be met without any additional permissions.
      (6)   Design standards for attached ADUs. The appearance or character of the principal building shall not be significantly altered so that its appearance is no longer that of a single unit dwelling;
      (7)   Design standards for detached ADUs.
         (a)   The exterior finish material shall match, in type, size, and placement, the exterior finish material of the principal dwelling unit.
         (b)   The roof pitch shall match the predominant roof pitch of the principal dwelling unit.
         (c)   Trim shall match the trim used on the principal dwelling unit. Projecting eaves shall match those of the principal dwelling unit.
         (d)   Windows shall match those in the principal dwelling unit in proportion (relationship of width to height) and orientation (horizontal or vertical).
         (e)   The primary residence and ADU shall be connected to municipal sewer and water but shall be served by only one service line from the street to the primary residence.
      (8)   Permit required. A lifetime, non-transferable ADU occupancy permit shall be required from the city to allow an ADU. In order to rent the ADU, or to rent the principal dwelling unit while the owner occupies the ADU, all of the city's rental registration requirements shall be met, in addition to receiving an ADU occupancy permit.
         (a)   Application. The owner of the property on which an ADU is proposed shall file a completed permit application with supporting documentation, as set forth on the application, and pay a fee set by the City Council in an annual resolution. The city will review the application to determine whether the application is complete and the subject property is eligible to receive the requested ADU permit.
         (b)   Notification. Upon the determination that a completed application has been submitted and that the property is eligible to receive the requested ADU permit, property owners within a radius of 350 feet shall be notified in writing by the city of the application.
            (i)   If there are objections received within 10 days of mailing the notices, the permit application must be forwarded for consideration by the Planning Commission with final approval by the City Council.
            (ii)   If there are no objections received within ten days of mailing the notices, the permit application will be processed by city staff.
         (c)   Conditions. The city may impose conditions on the issuance of an ADU permit. Such conditions must be directly related to, and must bear a rough proportionality to, impacts created by the ADU.
         (d)   Revocation. If a permitted ADU or the property for which an ADU permit has been issued should fail to meet the requirements of the permit, and/or if a property for which an ADU permit has been issued should become ineligible for such permit, the issued ADU permit may be revoked due to the noncompliance and/or ineligibility issue(s) not being resolved. If an ADU permit is revoked, occupation of the ADU by a person or persons shall cease within 60 days of the date of revocation.
   (B)   Accessory structure.
      (1)   No accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building but may be erected simultaneously. No accessory building shall be occupied unless the principal building on the lot is also occupied.
      (2)   In cases where an accessory building is attached to the principal structure, including carports, it shall be made structurally a part of the principal building and shall comply in all respects with the requirements of this chapter applicable to the principal building. A breezeway, for the purpose of this chapter, is an attachment between the garage or carport and the principal building and shall be considered a part of the principal building.
      (3)   Unenclosed porches and decks shall be considered part of the principal or accessory building(s) and shall be required to meet the minimum requirements of this section.
      (4)   Placement.
         (a)   Attached accessory structures shall meet all principal structure setbacks for the district in which it is located.
         (b)   Detached accessory structures shall be located:
            (i)   No closer to the front property line than the front building line of the principal structure.
            (ii)   At least 20 feet from a side street lot line (measured at the eaves).
            (iii)   At least three feet from any rear or interior side lot line as measured from the eaves.
            (iv)   Accessory structures within the AG District shall not be located closer than 25 feet to any side or rear lot line.
      (5)   Detached accessory structure dimensional requirements.
         (a)   The size limits listed in this subsection shall not apply to structures accessory to residential uses with three or more units which are required to provide parking spaces listed in § 152.082 Parking and Loading, maintenance buildings, or structures containing common amenities.
         (b)   One structure not exceeding 625 square feet in area may be placed on a lot. On any lot exceeding 14,400 square feet in area, an accessory structure used for noncommercial use may be constructed up to 825 square feet in size with the approval of a conditional use permit.
         (c)   Structures exceeding 200 square feet in area shall have a minimum of six feet of separation between building eaves of the dwelling unit and the walls of the accessory building.
         (d)   In addition to the structure listed above, one structure no larger than 120 square feet is permitted.
         (e)   No structure shall exceed 15 feet in height as measured to the peak.
         (f)   No accessory structure shall be permitted if the building coverage on the lot exceeds, or will exceed with the addition of the accessory structure, the maximum lot coverage defined in the district requirements.
      (6)   Cloth, canvas, plastic sheeting, tarps, or similar material, as well as corrugated roofing or siding, are not allowed as primary building material on an accessory structure. This limitation shall not apply to a greenhouse or building used for agricultural purposes in the AG District.
      (7)   Accessory buildings for two-unit (twinhome) dwellings may be located on an abutting lot in the buildable area and/or in the rear yard of a lot, provided that the applicant records a covenant and deeds restriction on the property which will abut the common lot line (zero lot line). Said covenants and deed restrictions shall:
         (a)   Provide access to the abutting property for the adjacent property owner and/or his or her representative for the purpose of construction, reconstruction, repair, and maintenance of either side on the total property; and
         (b)   Provide for necessary encroachments for footings and eaves for said building.
      (8)   Substitutes for accessory structure.
         (a)   On residentially-zoned land, it shall be unlawful to place, erect or maintain any shipping container, wagon, motor vehicle, railroad car, trailer, semi-trailer, truck or similar conveyance which has not been manufactured for use exclusively for mobile recreational purposes as a substitute for an accessory building.
         (b)   On lands within a non-residential zoning district, it shall be unlawful to place or erect any semi-trailer or similar conveyance as a substitute for an accessory building used exclusively for storage purposes after May 31, 2002 with the following exceptions:
            (i)   Mobile medical diagnostic equipment. Mobile units that contain medical diagnostic equipment for medical clinics or medical facilities.
            (ii)   Tents. When erected in accordance with applicable state and local codes, tents may be used as an accessory building or for the conducting of retail sales for a period not to exceed 21 days in each calendar year.
            (iii)   Temporary retail sales. Retail sales directly from semi-trailers or trucks may be permitted for a period not to exceed 72 consecutive hours per placement and no more than three such placements in aggregate per address, location or parcel in any one calendar year.
            (iv)   General requirements.
               a.   When permitted. A right-of-way permit may be issued by the City Council to allow semi-trailers, shipping containers and other similar conveyances used exclusively for storage to be placed for a maximum aggregate period of 60 days within any one calendar year if determined by the City Council that such placement is not contrary to the provisions of this code. The permit fee for such semi-trailers and similar conveyances shall be established in the annual fee schedule. Applications for a permit shall be submitted on forms provided and shall include other information as required by the City Council.
               b.   All such semi-trailers or similar conveyances shall be located at least 25 feet from all lands zoned for residential use excluding any street or alley right-of-way and at least ten feet from any other building or structure excluding fences.
               c.   Vertical stacking of shipping containers or similar conveyances shall not be permitted.
               d.   Such semi-trailer or similar conveyance shall be kept in good repair and condition so as not to constitute a nuisance or unsightly condition.
               e.   Revocation of permits. Any permit granted under this section may be revoked or rescinded by the granting or issuing authority, should there be any violations of this section or the conditions of any such permit.
   (C)   Hazardous material storage.
      (1)   Industrial and commercial establishments and the buildings, structures, and land used by such establishments shall be required to comply with all requirements in the State Building Code that may provide protection against accidents and the results of accidents or improper treatment of actual or potential hazardous materials.
      (2)   Storage areas for actual or potentially hazardous materials shall be protected from unauthorized or forced entry. Storage areas shall be fenced and locked and buildings and structures shall be locked or otherwise protected from unauthorized entry.
      (3)   Property, buildings, or structures on which actual or potential hazardous materials are stored shall be required to control potential runoff of hazardous substances in the case of an accident.
      (4)   All industrial or commercial establishments handling actual or potential hazardous materials shall be required to report to the Byron Volunteer Fire Department and Olmsted County Sheriff's Department on a periodic basis and at least one time each year the actual or potential hazardous materials to be located on this property. This requirement should allow the Fire Department and Sheriff's Department to react to accidents in a timely fashion and in a manner that will protect to the fullest extent possible fire and police personnel and citizens of Byron.
      (5)   The City Council may require that concentrations of actual or potential hazardous materials in storage be limited to safe levels where, if accidents occur or materials are improperly managed, the impact of hazardous materials will be minimal to the surrounding properties and permit safety personnel to control such impacts.
      (6)   Gas/service stations shall be exempt under this section of this chapter. However, such uses shall be required to meet state laws and regulations and all other requirements of this chapter, including § 152.080 Environmental Performance Standards.
      (7)   All related Minnesota and federal laws and regulations addressing a hazardous material shall be complied with.
   (D)   Home occupations.
      (1)   In general, a home occupation shall be conducted such that the average neighbor under normal circumstances would not be aware of its existence other than for a name plate or sign as permitted in this subsection.
      (2)   Prohibited home occupations include the following:
         (a)   Animal kennels
         (b)   Business that rents vehicles or equipment, such as trailers
         (c)   Handicraft and/or artisanal services which routinely produce objectionable light, glare, noise or vibration.
         (d)   Dispatch where persons come to a site and are dispatched to other locations
         (e)   Excavating
         (f)   Firearm training or instruction
         (g)   Funeral chapel
         (h)   Large volume sales, wholesaling, storage and warehousing
         (i)   Medical/dental office which require the disposal of biohazardous waste
         (j)   Repair or painting of motorized vehicles, trailers, boats, or lawn equipment
         (k)   Tow truck
         (l)   Welding or machine shop
      (3)   Family child care is not considered a home occupation.
      (4)   Standards. All standards of the zoning district shall apply. The following specific standards shall apply to all home occupations:
         (a)   Said use shall occupy not more than one-quarter of the area of one floor of the principal building. Home occupations shall not occupy any part of an accessory building attached or detached from the principal building.
         (b)   The use shall not require substantial interior alteration of the dwelling.
         (c)   There shall be no exterior evidence of the home occupation and no alterations, whether interior or exterior, shall change the character of the structure as a dwelling unit. This includes that no mechanical equipment or machinery shall be used for the home occupation other than is usual, customary, and incidental to the residence for domestic or hobby purposes.
         (d)   The home occupation shall include no more than two non-resident employees.
         (e)   The use shall not create odor, dust, noise, electrical disturbances, glare, vibrations or other hazards or nuisances noticeable outside of the dwelling.
         (f)   The home occupation shall occur primarily indoors. Any outdoor activity related to the home occupation shall be limited to the hours of 7:00 a.m. and 10:00 p.m.
         (g)   There shall be no outside storage of material or equipment or display of merchandise.
         (h)   Uses shall not involve the use of commercial vehicles for delivery of materials to or from the premises.
         (i)   No sign shall be allowed other than one unilluminated sign measuring not more than one and one-half square feet in area attached to the principal building or near the dwelling entrance.
         (j)   Commodities may be sold as part of the home occupation, but shall be only a minor and insubstantial part of the total home occupation.
         (k)   Parking shall be controlled such that no on-street parking, including employee parking, will occur and all off-street parking shall require no more than two additional parking spaces located on the current driveway or adjacent side yard and not in front of any part of the principal building, except the garage or an attached porch.
   (E)   Keeping of animals. See Chapter 94 of the City Code.
   (F)   Mobile food unit.
      (1)   The mobile food unit shall obtain written approval from the property owner on whose property the MFU is to be parked. If the mobile food unit will be located on property owned by the city, approval by the City Council is required.
      (2)   Mobile food units may be operated on private property only for the purpose of catering private events.
         (a)   The mobile food unit shall only provide or sell food and/or beverage to people attending the private event.
         (b)   The food truck shall be located entirely on the property owned by the person or persons holding the event.
      (3)   Placement.
         (a)   No portion of the mobile food unit shall extend onto any right-of-way.
         (b)   Mobile food units shall not park in or in any way block or infringe on drive aisles, sidewalks, access to loading/service areas, emergency access, fire lanes, or driveways serving adjacent properties.
      (4)   Licensing. All mobile food units shall obtain the required state and/or county licensing and permits for operation.
   (G)   Outdoor display of retail items.
      (1)   Outdoor display of retail items shall not be permitted in the public right-of-way.
      (2)   Outdoor display areas shall not be located so as to block pedestrian walkways, doorways, parking stalls, or drive aisles (including access for emergency services). Five feet is the minimum width required to maintain pedestrian access.
      (3)   Outdoor display areas shall be limited to products for sale and shall not serve as a storage area for inventory.
   (H)   Outdoor storage.
      (1)   Outdoor storage shall not be located in the front yard.
      (2)   The outdoor storage of lumber, coal, or other combustible material shall be not less than 25 feet from an interior lot line.
      (3)   The outdoor storage use shall be completely screened. Outdoor storage of junk, wrecked vehicles to be dismantled or other salvage materials shall be enclosed by an eight-foot permanent fence or combination of fence and other structures that entirely blocks the view of the storage area from the public and adjacent property owners located in other than the Industrial District.
      (4)   No material shall be piled on open ground.
   (I)   Produce stand.
      (1)   One temporary building for the incidental sale of agricultural produce shall be located not less than 20 feet from the front lot line and not less than 25 feet from a residential district and provided that the required number and space for patron parking 20 feet from said front lot line is provided.
      (2)   A transient merchant permit shall be obtained from the city for any produce stand use located within the Commercial District.
   (J)   Secondary farm dwelling.
      (1)   A secondary farm dwelling in the form of a manufactured home shall be permitted if located on the same lot as the farm dwelling of a farm. The secondary farm dwelling shall house only family members or person or persons employed on the farm.
      (2)   The dwelling shall adhere to Olmsted County Health Department regulations pertaining to the sewage system or shall meet all city requirements for connecting with the city sewer system.
   (K)   Short term vacation rental (STVR).
      (1)   The maximum number of overnight guests will be limited to two times the number of bedrooms rented plus one.
      (2)   Dwelling requirements.
         (a)   The dwelling must be connected to sewer and water.
         (b)   Rooms used for sleeping shall have an egress window and functioning smoke detectors.
         (c)   The guest(s) must have access during their entire stay to a full bathroom, including sink, toilet, and tub or shower.
      (3)   Parking.
         (a)   All STVR parking must be accommodated on improved surfaces on the premises. No on-street parking is allowed for guests.
         (b)   Where the property owner resides on the premise, additional off-street parking shall be provided to accommodate both the principal use and the STVR use.
      (4)   If not residing on the property, the property owner or manager/representative must be located within 30 miles of the property. The property owner shall maintain with the city the contact information for the local contact or managing agent for the property.
      (5)   A guest record must be maintained, including the name, address, phone number, and vehicle license plate information for all guests. This record must be provided to the city within 48 hours of a request for the guest record.
      (6)   Guest disclosures. The property owner must disclose in writing to their transient guests the following rules and regulations. This disclosure shall be conspicuously displayed in the home:
         (a)   The name, phone number and address of the owner, operating lessee or managing agent/representative;
         (b)   The maximum number of guests allowed at the property;
         (c)   The maximum number of vehicles allowed at the property and where they are to be parked;
         (d)   City nuisance ordinances requirement that noise levels be reduced between 10:00 p.m. and 7:00 a.m. on weekdays and midnight to 7:00 a.m. on weekends and that this will be enforced by the Olmsted County Sheriff’s Department; and
         (e)   Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas, and other recreational facilities.
      (7)   All garbage must be kept in rubbish containers issued by a contracted collection service.
      (8)   No sign shall be allowed other than one unilluminated sign measuring not more than one and one-half square feet in area attached to the principal building or near the dwelling entrance.
   (L)   Small-scale wind energy conversion systems (WECS). The location, design, and maintenance of WECS shall be governed as follows:
      (1)   Applicants requesting a building permit for a WECS shall furnish such scale drawings and information as the city deems necessary. This information shall include, but is not limited to, the following:
         (a)   A site plan of the premises involved showing lot lines;
         (b)   The accurate location of all buildings or structures on the premises and on each adjacent lot;
         (c)   The location of proposed tower and all guy wires, poles, or anchors; and
         (d)   A sketch elevation of the premises accurately depicting the proposed tower and its relationship to structures on adjacent lots.
      (2)   The permitted maximum height of a WECS shall be determined in one of two ways:
         (a)   A ratio of one to one between the distance from the closest property line to any part of the WECS tower to the height of the tower;
         (b)   A maximum of 100 feet in the agricultural and industrial districts and 50 feet in residential and commercial districts. The shortest height of the two above mentioned methods shall be used in determining maximum height. Height shall be measured from the surrounding grade to the rotor hub or top of the tower whichever is higher.
      (3)   No part of the WECS shall be located within or above any required front, side, or rear yard.
      (4)   No part of the WECS shall be located such that it could potentially affect or come into contact with any telephone, TV cable, or electrical lines on the same adjacent properties.
      (5)   All WECS shall be designed to meet the following minimum standards:
         (a)   The tower and tower footing be engineered to withstand wind and icing loads for this geographic area;
         (b)   The WECS shall have an automatic braking device capable of halting operation in conditions of imbalance or excessive wind speeds (40 m.p.h. or greater);
         (c)   The WECS shall be designed, constructed, and operated so as to not cause radio and television interference;
         (d)   The WECS blade design and materials shall be adequate to ensure safe operation in an urban area:
         (e)   The wind turbine and the tower shall be compatible;
         (f)   The WECS shall be operated and maintained in a condition which will not exceed the noise level prescribed by Minnesota State Regulation NPC 1 and 2 Noise Standards and any amendments thereto;
         (g)   The WECS shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be unclimbable by unauthorized persons by design or be enclosed by a 6-foot high, non- climbable fence with a secured access;
         (h)   The WECS shall be designed and installed to withstand natural lightning strikes;
         (i)   The WECS electrical equipment and connections shall adhere to all state and local government, as well as power company regulations and standards.
      (6)   Any WECS not in operation for 12 consecutive months shall be dismantled.
      (7)   The city shall require liability insurance to be maintained on the WECS by its owner.
      (8)   In order to ensure adequate wind access, the city does encourage the use of private easements and restrictive covenants as a means to protect wind access.
   (M)   Solar energy systems.
      (1)   Roof-mounted solar energy systems shall be considered part of the roof and shall meet all applicable requirements.
      (2)   Ground-mounted solar energy systems shall be considered as accessory structures and shall meet all requirements except as provided below:
         (a)   Use of solar energy systems is subject to the constraints imposed by the topography and any existing vegetation or tall structures on adjacent and nearby lots at the time of adoption of this chapter.
         (b)   Such systems may be located closer than six feet to the principal building which the system serves.
         (c)   Solar energy systems shall be exempted from lot coverage restrictions; however, in all residential districts, if the total surface of the solar energy systems is equal to or more than 10% of the lot area, then a conditional use shall be required prior to construction of any system elements.
         (d)   After placement of a solar energy system on a lot, all new vegetation on public lands, including rights-of-way, shall not interfere with the proper and efficient operation of existing solar energy systems on adjacent and nearby private property.
         (e)   As a general policy, reasonable care should be taken to protect the opportunity for the utilization of solar energy systems at all locations where solar energy is available.
         (f)   The city encourages the use of private easements and restrictive covenants as a means to protect access to sunlight. All such documents should be recorded with the Olmsted County Recorder.
         (g)   Where a solar energy system is installed on a lot, a statement to that effect shall be filed and recorded with the Olmsted County Recorder and the date of installation shall be the date of recordation. Furthermore, as a means of evidencing conditions, the owner of a solar energy system may file notarized photographs of the affected area with the city prior to installation of said system.
   (N)   Storage and parking of recreational camping vehicle, utility trailer, boat, or unlicensed vehicle.
      (1)   All recreational vehicles shall be required to be parked off of any public right-of-way, and no part of the recreational camping vehicle shall extend into the public right-of-way.
      (2)   Vehicles which are partially dismantled or do not have a valid state license shall not be stored more than 10 days in a front yard or side yard on an established driveway or more than 30 days in a rear yard.
      (3)   Side yard parking may be permitted where only one side yard is used for recreational vehicle parking, and where a vehicle is parked between the side lot line and the principal building, the vehicle shall be no closer than three feet to the side yard line.
      (4)   Front yard parking may be permitted where the vehicle is not parked between the principal building and the front lot line.
      (5)   In PUDs, there shall be provided a separate area to be used for parking, indoors or outdoors, of the occupant's recreational vehicles. Such storage shall have the parking spaces marked and be suitably landscaped so as to be harmonious with the rest of the development.
      (6)   In twinhome developments, parking in the side yard shall be permitted only in an area that is a minimum of 15 feet from the side lot line and meets the requirements of provision (4) and the parking area shall be suitably landscaped so as to be harmonious with the rest of the development.
   (O)   Swimming pool; spa pool.
      (1)   Application. This section applies to any pool or spa pool which is in excess of 48 inches in depth and over 100 square feet in surface area.
      (2)   Public pool.
         (a)   A public pool shall be defined as any pool other than a private residential pool that is:
            (i)   Open to the public generally, whether for a fee or free of charge;
            (ii)   Open exclusively to members of an organization and their guests;
            (iii)   Open to residents of a multi-unit apartment building, apartment complex, residential real estate development, or other multifamily residential area;
            (iv)   Open to patrons of a transient accommodation facility; or
            (v)   Operated by a person in a park, school, licensed child care facility, residential care home, membership organization, manufactured home park, or political subdivision with the exception of swimming pools at family daycare homes.
         (b)   A person/business wishing to operate a public pool must meet all state and county licensing requirements.
      (3)   Private residential pool.
         (a)   A private residential pool shall be defined as a pool connected within a single-unit or two-unit dwelling, located on private property under the control of the homeowner, the use of which is limited to residents or the residents’ invited guests. A private residential pool is not a pool used as part of a business.
         (b)   Exclusive private use. The pool or spa pool is intended to be used solely for the enjoyment of the occupants of the principal building of the property upon which it is located and their guests.
         (c)   Distance requirements. Swimming pools or spa pools may be located in the buildable area or required rear yard but shall not be closer than 10 feet to any property line on which they are located, provided that pump installations shall be located not closer than 20 feet to any property line.
         (d)   Validity. Any permit issued becomes invalid if the work authorized by the permit is suspended or abandoned for more than 180 days. The 180 days commences the first day work is suspended or abandoned.
         (e)   Fencing and access control.
            (i)   Below grade swimming pool or spa pool. The pool or spa pool shall be enclosed by a fence of a type which effectively controls the entrance by children to the pool or spa pool area, said fence to be at least six feet in height.
            (ii)   Above grade swimming pool or spa pool.
               a.   The pool or spa pool shall be equipped with an automatically retractable type ladder, a retractable ladder or removable ladder, or shall be fenced in accordance with (i) above. Said ladder is to be removed or retracted when the pool is not being attended.
               b.   If access to the pool or spa pool is via a deck or porch, then no access from the ground is permitted to the deck area unless the property or the ground access to the deck is fenced in accordance with (i) above.
            (iii)   Maintenance.
               a.   It shall be the responsibility of the property owner upon where said pool or spa pool is located to maintain all fences, gates, and closure devices in good operating condition.
               b.   Failure to maintain fences, failure to have gates closed, or failure to either remove or retract the ladder access to the pool or spa pool shall constitute a violation of this chapter and therefore be subject to the penalties contained in § 152.108 Administration.
            (iv)   All fences shall be constructed so as not to be easily climbable, and generally to prevent children from gaining uncontrolled access. Property owners that opt for chain link fencing must utilize at least a number eleven gauge woven wire mesh corrosion-resistant material.
            (v)   Fence posts must be decay or corrosion-resistant and must be set in concrete bases or other suitable material.
            (vi)   Fences shall be constructed so as not to have openings, holes, or gaps larger than four inches in either vertical or horizontal direction.
         (f)   Gates and doors.
            (i)   All fence openings and points of entry onto a pool shall be equipped with gates or doors. All gates or doors shall be equipped with self-closing and self-latching devices placed at sufficient height so as to be non-accessible to small children.
            (ii)   If the gate latch is mounted less than 54 inches from the bottom of the gate, it must be mounted on the pool side of the gate, a minimum of three inches down from the top of the gate and have no space greater than ½ inch within 18 inches of the latch.
            (iii)   Gate latches 54 inches or greater above the bottom of the gate may be mounted on the outside of the gate.
   (P)   Temporary outdoor promotional sales or events.
      (1)   No sale or event shall be held without first obtaining a permit.
         (a)   The applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event.
      (2)   The businesses in all Commercial and Industrial zoning districts as well as each public and institutional conditional use in residential districts shall be allowed six temporary outdoor promotional or sales event special events per calendar year.
      (3)   Event duration
         (a)   Each special event shall not exceed 10 days and shall not be extended for more than three consecutive time periods for each business.
         (b)   Once the time period has expired for the special event, the business shall wait the same number of days for which the permit was issued to start a new special event.
      (4)   Outdoor signage for the temporary sale or event shall be allowed as specified in § 152.130 Temporary Signs.
(Ord. 2023-02, passed 5-9-23)