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The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the M-3 Industrial (Park) District.
(A) Use regulations. In the M-3 Industrial (Park) District, all buildings and premises may be used for any purpose except as follows:
(1) No residential uses are allowed other than a dwelling or residential quarters for a resident watchman or caretaker employed upon the premises;
(2) No adult entertainment establishment will be permitted unless in compliance with the requirements of § 159.046(K); and
(3) The following special uses will be permitted in this zoning classification if the location has been approved by the Zoning Board of Adjustment, who shall take into consideration the special use regulations as set forth in § 159.049:
(a) Acid manufacture;
(b) Animal pound;
(c) Animal, poultry and bird raising (commercial);
(d) Asbestos products;
(e) Cement, lime or gypsum manufacture;
(f) Concrete products or central mixing and pro-portioning plant;
(g) Distillation, manufacture or refining of bones, coal or tar asphalt;
(h) Explosives, manufacture or storage;
(i) Exterminating agents and poisons;
(j) Fat, grease, lard or tallow rendering or refining;
(k) Fertilizer (nonorganic);
(l) Fertilizer manufacture (from organic matter);
(m) Fire arms manufacture;
(n) Flour, feed and grain milling or storage;
(o) Forge plant, pneumatic, drop and forging hammering;
(p) Glue or size manufacture;
(q) Garbage, offal or dead animal reduction or dumping;
(r) Hair and felt products washing, curling and dyeing;
(s) Leather tanning and curing;
(t) Meat packing;
(u) Ore dumps and elevators;
(v) Paint, lacquer, shellac and varnish (including colors and pigments, thinners and removers);
(w) Paper manufacture from pulp;
(x) Petroleum products terminal;
(y) Petroleum or asphalt refining;
(z) Planing and millwork;
(aa) Roofing materials, building paper and felt (including asphalt and composition);
(bb) Sawmill (including cooperage stock mill);
(cc) Shell grinding;
(dd) Smelting of tin, copper, zinc or iron ores;
(ee) Soap and soap products;
(ff) Storage of processing raw hides or fur;
(gg) Stock yards or slaughter of animals;
(hh) Tar products (except distillation);
(ii) Wall board manufacturing;
(jj) Wood preserving treatment;
(kk) Wool pulling or scouring;
(ll) Other uses similar to the above when approved by the Zoning Board of Adjustment as provided in § 159.080; and
(mm) Recycling processing facility.
(C) Parking and loading requirements. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses as set forth in § 159.065, and where reference therein is made to the M-2 Industrial (Heavy) District, the same shall apply to the M-3 Industrial (Park) District.
(1999 Code, § 165.19) (Ord. 2247, passed 10-9-2001; Ord. 2352, passed 7-24-2007) Penalty, see § 159.999
ZONING REGULATIONS
The height and area requirements shall apply to all districts unless a particular district or overlay district requires special regulations. The following general requirements shall apply.
(A) In residential areas, minimum lot area shown is for one housing unit.
(B) All permitted uses must comply with floodplain requirements.
(C) Minimum dwelling unit size for efficiency apartments is 400 square feet; for two-family and multi-family apartments the minimum is 525 square feet.
(D) In single-family districts, number of stories may be increased to three and the building height may be increased to 45 feet if the side yard is increased to ten feet.
(E) See § 159.020 for height and area requirements for the MH Manufactured Home District.
(F) See § 159.017(A)(3) and (B) for height and area requirements for single-family attached dwellings.
Zone | Front Yard (in ft.) | Side Yard (in ft.) | Rear Yard (in ft.) | Minimum Lot Area | Min. Lot Width (in ft.) | Max.
Bldg. Height (in ft.) | Max. No. of Stories
|
Zone | Front Yard (in ft.) | Side Yard (in ft.) | Rear Yard (in ft.) | Minimum Lot Area | Min. Lot Width (in ft.) | Max.
Bldg. Height (in ft.) | Max. No. of Stories
|
A-1 | 30 | 7 | 25 | 5 acres | 70 | 35 | 2-1/2 |
R-1A | 30 | 7 | 25 | 2 acres (private septic system) | 70 | 35 | 2-1/2 |
12,000 sq. ft. (public sanitary system) | |||||||
R-1B | 30 | 5 | 25 | 2 acres (private septic system) | 60 | 35 | 2-1/2 |
7,200 sq. ft. (public sanitary system) | |||||||
R-1C | 30 | 5 | 25 | 2 acres (private septic system) | 50 | 35 | 2-1/2 |
6,000 sq. ft. (public sanitary system) | |||||||
R-2 | 25 | 5 | 25 | 3,000 sq. ft. for 1-family | 40 | 45 | 2-1/2 |
6,000 sq. ft. for 2-family | |||||||
R-4 | 25 | 5 | 25 ft. for interior lots | 5,000 sq. ft. for 1-family | 50 | 45 | 3 |
15 ft. for corner lots | 6,000 sq. ft. for 2-family | ||||||
2,500 sq. ft. for multi-family + 1,500 sq. ft. for each unit | |||||||
R-5 | 25 | 10 | 25 | Same as R-4 | 50 | 45 | 3 |
C-1 | 20 | None | 15 | None | None | 35 | 2-1/2 |
5 ft. if abutting residential district 3 ft. high solid visual barrier needed | 3 ft. high solid visual barrier required if abutting residential district | For residential, see R-4 | |||||
C-2 | 20 | None | 15 | For residential, see R-4 | None | 45 | 3 |
5 ft. if abutting residential district 3 ft. high solid visual barrier needed | 3 ft. high solid visual barrier required if abutting residential district | ||||||
C-2M | 20 | None | 15 | None | None | 45 | 3 |
5 ft. if abutting residential district 3 ft. high solid visual barrier needed | 3 ft. high solid visual barrier required if abutting residential district | Residential not allowed | |||||
C-3 | None | None | None | None | None | 100 | None |
5 ft. if abutting residential district 3 ft. high solid visual barrier needed | 15 ft. if abutting residential district with 3 ft. high solid visual barrier | For residential, see R-4 | |||||
C-R | None | None | None | None | None | 100 | None |
5 ft. if abutting residential district 3 ft. high solid visual barrier needed | 3 ft. high solid visual barrier required if abutting residential district | For residential, see R-4 | |||||
C-4 | 20 | Same as C-2 | Same as C-2 | Same as C-2 | None | 45 | 3 |
M-1 | 20 | None | None | None | None | 45 | 3 |
10 ft. if abutting residential district with 3 ft. high solid visual barrier | 20 ft. if abutting residential district with 3 ft. high solid visual barrier | ||||||
M-2 | 20 | None | None | None | None | 100 | 8 |
10 ft. if abutting residential district with 3 ft. high solid visual barrier | 20 ft. if abutting residential district with 3 ft. high solid visual barrier | ||||||
M-3 | 20 | Same as M-2 | Same as M-2 | None | None | 100 | 8
|
(1999 Code, § 165.21) (Ord. 2247, passed 10-9-2001; Ord. 2296, passed 6-28-2005; Ord. 2566, passed 3-27-2018; Ord. 2599, passed 12-11-2018) Penalty, see § 159.999
The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter or in effect after February 8, 1965.
(A) Height regulations.
(1) Schools, public buildings and institutions may be erected to a height not exceeding 85 feet in any district in which they are permitted, provided front and rear yards are increased in width one foot for each foot of height that the building exceeds the height regulations of the district in which it is located.
(2) The height regulations prescribed herein shall not apply to grain elevators, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, scenery lofts, ornamental towers and spires, chimney, elevator bulkheads, smoke stacks, conveyors, flag poles and heating, ventilation and air conditioning systems or wind energy conversions systems (as permitted under § 159.049(D)(24) below.
(3) The limitation on the number of stories shall not apply to buildings used exclusively for storage purposes, provided that the buildings do not exceed the height in feet permitted in the district in which they are located.
(4) Industrial buildings housing unmanned automated storage and retrieval systems ("ASRS") situated within the M-2 or M-3 zoning districts may be erected to a height not to exceed 135 feet provided the distance between such building and the nearest residential or commercial zoning district boundary shall be no less than 20 feet for each one foot of height that such building exceeds the generally applicable maximum height regulation for the zoning district in which the building is situated.
(B) General area exceptions and modifications.
(1) Required yard. Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in a rear yard and except for the ordinary projection or sills, eaves, soffitts, belt courses, cornices and ornamental features not to exceed two feet unless yard requirements are adjusted proportionately.
(2) Fire escapes. Open or lattice enclosed fire escapes, required by law, projecting into a yard not to exceed five feet and the ordinary projection of chimneys and pilasters shall be permitted by the Building and Neighborhood Services Director or his or her designee when placed so as not to obstruct light and ventilation.
(3) Awnings, canopies, bay windows, solar energy collectors and heat storage units. Awnings, canopies, bay windows, solar energy collectors and heat storage units may encroach into a required yard a distance not exceeding three feet unless yard requirements are adjusted proportionately. If located in a required side yard, these projections must be at least two feet from an adjacent side lot line.
(4) Educational, institutional, motel, hotel, commercial or industrial purposes. Where a lot or tract is used for educational, institutional, motel, hotel, commercial or industrial purposes, more than one main building may be located upon the lot or tract but only when the buildings conform to all open space requirements around the lot or tract where located.
(5) Open space. Where an open space is more than 50% surrounded by a building, the minimum width of the open space shall be at least 20 feet for one story buildings, 30 feet for two-story buildings and 40 feet for buildings three or more stories in height.
(6) Land, farm outbuildings, farm barns or other buildings. The following height and area requirements shall apply to land, farm outbuildings, farm barns or other buildings or structures used for agricultural purposes:
Maximum number of stories of a building | 3 stories |
Maximum height of building | 100 feet |
Minimum depth of front yard | 30 feet |
Minimum depth of side yard | 5 feet |
Minimum depth of rear yard | 25 feet |
(7) Vacant lots. In residential districts, no fence, garage, shed or any other accessory structure may be constructed on a vacant lot. No vacant lot in a residential district may be used for storage or as a parking lot.
(8) Visual clearance zones. In all zoning districts, nothing shall be erected, placed, planted or allowed to grow on a corner lot in a manner as to significantly impede vision between a height of two and one-half feet and ten feet above the centerline street grade of an area described as follows: that triangular shaped area bounded by the street or road right-of-way lines of a corner lot or tract and a straight line joining points on the right-of-way that are 20 feet from the point of intersection of the right-of-way lines.
(9) Signs. Where signs are permitted by the regulations established in § 159.048, allowable ground signs, directional signs and projecting signs may occupy required yard areas.
(C) Front yards. The front yards heretofore established shall be adjusted in the following cases.
(1) Where 40% or more of the frontage on the same side of the street between two intersecting streets is developed with buildings which have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
(2) Where 40% or more of the frontage on the same side of a street between two intersecting streets is developed with buildings that do not have a front yard as described above, then:
(a) Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of adjacent buildings, including open porches on each side;
(b) Where a building is to be erected on a parcel of land that is within 100 feet of any existing building on one side only, the building may be erected as close to the street as the existing adjacent building; or
(c) Where a building is to be erected on a parcel of land that is more than 100 feet from any building on either side, a front yard having a depth of not less than 25 feet shall be provided.
(3) Interior lots fronting on two non-intersecting streets shall provide the required front yard on both streets.
(4) Building setback lines in approved subdivisions shall apply along the frontage in place of any other setback requirements unless specified yard requirements in this chapter require a greater setback.
(5) On corner lots, a front yard shall be provided on each street. For lots of record approved prior to February 8, 1965, a ten-foot side yard adjacent to the side street is observed except if the main building is closer than ten feet, in which case any addition can be in line with the existing building. All accessory buildings/uses must also follow these requirements.
(6) Filling station pumps and pump islands may be located within a required yard provided they are not less than 15 feet from any street line and not less than 50 feet from any residential district. Awnings and canopies that provide shelter for fuel pumps may encroach into required yards no closer than five feet from the lot line. On corner lots, all structures shall adhere to the requirements of visual clearance zones.
(D) Side yards. The side yard regulations heretofore established shall be adjusted in the following cases.
(1) Commercial or industrial buildings used in part for dwelling purposes shall provide side yards of not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard or court.
(2) For the purpose of side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one building occupying one lot.
(3) Whenever a lot of record approved prior to February 8, 1965, has a width of less than 50 feet, the side yard on each side of a building may be reduced to a width of not less than 10% of the width of the lot, but in no instance shall it be less than four feet.
(4) Side yards on corner lots shall follow the requirements for front yards on corner lots.
(5) A drive through roof structure, carport or canopy may project into a required side yard, provided every part of the roof structure, carport or canopy is unenclosed except for the necessary structural supports and is not less than five feet from any side lot line.
(E) Rear yards. The rear yard regulations heretofore established shall be adjusted in the following cases.
(1) Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear yard when determining area requirements for accessory buildings.
(2) On corner lots, the minimum required rear yard may be reduced to ten feet in the case of a building fronting on the long side of a lot, provided there is a minimum side yard of 25 feet on the side of the building not fronting a street.
(F) Lot area per family. Where a lot of record approved prior to February 8, 1965, or a lot in a subdivision which the Council has officially approved and has agreed to accept from February 8, 1965, has less area or width than therein required in the district in which it is located, the lot may nonetheless be used for a one family dwelling or for any other non-dwelling use permitted in the district in which it is located, with the approval of the Zoning Board of Adjustment as provided in §§ 159.049 and 159.080. In residential districts where two or more contiguous lots have a width and area less than that herein required and are under common ownership, and are of the size as together constitute a conforming lot, the lots or portions thereof shall be joined, developed and used for the purposes of forming an effective and conforming lot or lots.
(G) Accessory buildings. The regulations set forth in this division regulate all accessory buildings.
(1) Accessory buildings must be in a rear or side yard and shall not occupy more than 30% of said yard in all zoning districts. In the C-2 and all M, A and R Districts, the height and aggregate ground cover of all residential accessory buildings shall not exceed those listed below.
(a) A maximum of three accessory buildings may be considered in determining aggregate ground cover.
Zone | Use | Size of lot | Aggregate ground cover (sq. ft.) | Height (ft) | Restrictions |
Zone | Use | Size of lot | Aggregate ground cover (sq. ft.) | Height (ft) | Restrictions |
A-1 | Residential with active agricultural use | Over 5 acres | - | - | Follow § 159.046(A)(6) |
A-1, C-2 and any R | Residential (A-1 residential without active agricultural use) | Over 5 acres | 5,000 | 24 | 10 ft. away from property line for every 1 ft. exceeding 18 ft. in height; up to 10,000 sq. ft. with special use permit |
A-1, C-2 and any R or M | Residential (A-1 residential without active agricultural use) | 3-5 acres | 2,500 | 24 | 10 ft. away from property line for every 1 ft. exceeding 18 ft. in height; up to 5,000 sq. ft. with special use permit |
A-1, C-2 and any R or M | Residential (A-1 residential without active agricultural use) | 1-3 acres | 2,000 | 24 | 10 ft. away from property line for every 1 ft. exceeding 18 ft. in height; up to 4,000 sq. ft. with special use permit |
A-1, C-2 and any R or M | Residential (A-1 residential without active agricultural use) | Under 1 acre | 1,500 | 18 | - |
R-4 | Multifamily | Converted house | 2,000 | 18 | Or 250 sq. ft. per dwelling, whichever is greater |
R-5 | Multifamily | Complex | - | 20 | 250 sq. ft. per dwelling |
M-1, M-2, M-3 | Residential | Over 5 acres | 10,000 | 24 | 10,000 sq. ft. with special use permit; must be at least 300 ft. from any adjacent residential property |
(b) One yard shed, not exceeding 160 square feet in floor area, shall be permitted irrespective of the aggregate ground cover restrictions set forth above.
(2) All residential accessory buildings located on one acre lots or less, and all accessory buildings below 2,000 square feet (except yard sheds under 160 square feet in floor area), shall be constructed of materials that are the same or similar to the principal building, or, at a minimum, utilize residential siding that matches the principal building.
(3) On existing lots of record approved after February 8, 1965, detached accessory building shall follow all front yard regulations for corner lots. All others shall be set back from any adjacent street right-of-way line in accordance with the minimum distance required for a principal building on the same lot.
(4) If an accessory building in a residential district is located closer than ten feet to the main building, it shall be regarded as part of the main building for the purpose of determining side and rear yard requirements. If the accessory building is farther than ten feet from the main building, it shall not be closer than three feet from any side or rear property line, except as otherwise provided.
(5) If a garage is entered into from an alley, and the garage door is parallel to the alley, it shall not be located closer than five feet from the property line abutting the alley right-of-way.
(6) No accessory building shall be constructed upon a lot until the construction of the main building is under roof and no accessory building shall be used unless the main building on a lot is completed and used.
(7) No accessory building shall be used for dwelling purposes.
(8) All water runoff from an accessory building must be diverted onto the owner’s property.
(9) Any new accessory building must follow all zoning ordinances and any new accessory building over 160 square feet requires a building and/or zoning permit.
(H) Swimming pools. The regulations set forth in this division regulate the location of swimming pools.
(1) Swimming pools are described as any structure intended for swimming, recreational bathing or wading that contains water over 24 inches deep. This includes in-ground, above-ground and on-ground pools, hot tubs, spas and fixed-in-place wading pools.
(2) Swimming pools are not allowed to be located in any front yard.
(3) For in-ground, above-ground and on-ground swimming pools, hot tubs, spas and fixed-in place wading pool, including any attached decks, may not be closer than two feet to any side or rear property line.
(4) Except in the case of corner lots, when the swimming pool, hot tub, spa or fixed-in place wade pool is located ten feet or less from the main building, it can be in line with the existing building line. If it is located more than ten feet from the main building, it must be a minimum of ten feet from the corner street side property line. A ten-foot visual clearance zone must be observed when a corner front or side property line abuts an alley.
(I) Fences, walls and hedges. The regulations set forth in this division regulate the placement of fences in all districts.
(1) (a) Fences shall be constructed of material commonly used for landscape fencing, such as masonry block, lumber, plastic, chain link or natural plantings, but shall not include barbed wire, salvage material or be electrified. Electrified fences and barbed wire may be used for permitted livestock containment and horse stables.
(b) In all zoning districts, the smooth, finished, nonstructural or dressed side of the fence, if any, shall be directed toward the neighboring property or properties.
(2) Fences, walls or screen plantings may be located on a residential property in any rear or side yard from the front building line to the rear property line not to exceed six feet. In the front yard from the front building line to the front property line, a fence that provides openings of at least 75% in area of the vertical surface to permit the transmission of light, air or vision through the vertical surface at a right angle may be constructed to a height not to exceed four feet. Fences not providing openings of at least 75% may not exceed a height of three feet.
(3) On corner lots, both yards that abut a street must follow the requirements for fences in front yards, except that fences not providing openings of at least 75% may not exceed a height of three feet and must provide a 20-foot visual clearance zone at all street intersections and a ten-foot visual clearance zone when a corner lot front or side property line abuts an alley. Fences not meeting the height standards must be located ten feet from the side and rear property line on the corner side.
(4) In the C-2, C2-M, M-1, M-2 and M-3 commercial and industrial districts, nonresidential fences may be up to eight feet in height in the rear and side yards and up to six feet in height in a front yard, provided that all fences located in a front yard are constructed of see-through material. If barbed wire is needed for security reasons, the fence may be extended another foot to a maximum height of nine feet in rear and side yards and seven feet in front yards. Barbed wire may not be closer than six feet to the ground and may not overhang any public right-of-way. Any fence higher that this maximum height or constructed of material other than see-through material in front yards must be approved by the Board of Adjustment. Visual clearance zones shall also apply.
(a) Chain link fencing for public parks and recreational areas and school facilities may be erected to a height of six feet.
(b) In all zoning districts, public and nonpublic buildings and facilities essential to the physical welfare of an area, such as electrical distribution substations, pipeline pumping stations, gas regulators, water storage facilities and similar uses may be surrounded by a fence having a height above ground of not more than ten feet. Additionally, public utility buildings, as outlined in division (S) herein, are required to have solid visual barriers and/or natural plantings. In the event that fencing is utilized that is not a privacy fence or other permanent, solid material, the utility specific screening requirement can be met with the planting and permanent maintenance of sufficient mature trees to effectively block the view of said building and/or structures. Any natural screening must be maintained to effectively block the view of said public utility buildings.
(5) Fences located outside of property lines on public rights-of-way are allowed only if approved by the Public Works Director or authorized with respect to a sidewalk café pursuant to § 97.042. If so approved or authorized, the abutting property owner must assume responsibility for maintaining the fence. If the property is needed by the city, the owner is responsible for removing the fence. With the exception of authorized fences enclosing a sidewalk café, fences placed in the right-of-way may not be closer than 18 inches from a public sidewalk.
(J) Decks, porches and ramps. The regulations set forth in this division regulate all decks, porches, ramps or similar additions.
(1) All unenclosed porches in existence prior to July 10, 1979, may be enclosed after obtaining a building permit. All porches constructed after this date will be required to adhere to all required yard requirements unless otherwise allowed in this section.
(2) Open decks or porches, but not including permanently roofed-over or enclosed decks or porches, may extend no more than 15 feet into a required front yard or rear yard. However, the encroachment shall maintain a minimum distance of ten feet from a public right-of-way. The following deck and porch encroachments into yards will be allowed as long as the deck or porch remains uncovered:
(a) In front yards, the floor of an open deck located in a required front yard shall not exceed three feet in height above the average ground level. The total height of the deck (measured from the ground to the top rail) cannot exceed six feet. Also, the vertical surface of the area above the floor of the deck must provide openings of not less than 50% in area in order to permit the transmission of light, air and vision through the vertical surface at the right angle.
(b) In rear yards, all new, unenclosed decks and porches must maintain a minimum distance of five feet from any accessory building.
(c) In side yards, all new, unenclosed decks and porches may extend three feet into a required side yard but shall not be closer than two feet from any side property line.
(3) Steps or ramps which are necessary to provide access to a lawful building or for access to a lot from a street or alley may encroach into a required yard.
(K) Adult entertainment establishments. Because of their special characteristics, adult entertainment establishments are recognized as having potential deleterious impacts on surrounding establishments and areas, thereby contributing to the creation of blight and decline of neighborhoods. The following regulations apply to all adult entertainment establishments.
(1) Adult entertainment establishments are allowed only in the M-3 Zoning District.
(2) No adult entertainment establishment shall be located within 1,000 feet of any other establishment.
(3) No adult entertainment establishment shall be located within 1,000 feet of any school, church or residential zoning district. To determine minimum separation distances, measurements shall be taken on a direct line from the closest customer entrance of the establishment to the nearest property line of any other establishment, school, church or residential zoning district.
(L) Screening requirements. The regulations set forth in this division shall regulate screening requirements in all zoning districts.
(1) Solid waste containment. Solid waste containers, including recyclable and scrap material containers, used for commercial, industrial and multi-family apartment uses, shall not be permitted unless completely screened from all public rights-of-way and residential zoning districts. Screening shall provide a solid visual barrier and shall not exceed the height requirements for fences. In existing developed areas, where yard space may not be available or accessibility may be difficult, the Zoning Board of Adjustment may provide an exemption from these requirements.
(2) Storage yards. All outdoor storage yards or storage lots shall be suitably screened from all public rights-of-way. Screening material shall provide a solid visual barrier and shall not exceed the height requirements for fences.
(M) Home occupations. Regulations pertaining to home occupations are designed to protect and maintain the residential character of a neighborhood while permitting certain limited commercial activities.
(1) Restrictions on home occupations. The following requirements must be met for an activity or occupation to qualify as a home occupation.
(a) The occupation or activity must be clearly incidental and secondary to the use of the premises as a dwelling. The occupation or activity shall not occupy more than 25% of the floor area of a building, not to exceed 400 square feet.
(b) The occupation or activity must be carried on wholly within a main building or approved accessory building.
(c) The occupation or activity must be carried on by a member of the family residing on the premises. No person not a resident on the premises shall be employed. No person not a member of the family shall be employed.
(d) No stock in trade or food or commodities may be sold on the premises as a primary source of income.
(e) No external alterations or special construction of the premises can be done. No exterior indication, except for the permitted sign, that the building is being used for any purpose other than a dwelling shall exist.
(f) No occupations or activities are permitted which are noxious, offensive or hazardous by reason of pedestrian or vehicular traffic or by creation of noise, odor, refuse, heat, vibration, smoke, dust, glare, radiation or other objectionable emissions or by interference with television or radio reception.
(g) No substantial volumes of vehicular traffic or parking demand shall be created.
(h) No advertising sign shall be displayed except for an unlighted name plate flat against the building not exceeding two square feet in area, stating only the resident’s name and occupation.
(i) There shall be no off-premises signs, radio, television, newspaper, handbill or similar advertisement linking the premises with the home occupation. The advertisement of the home occupation within a telephone directory, excluding the address, is permitted. Also permitted is the advertisement of the resident’s name, home occupation and phone number only within a newspaper.
(j) The activity shall not involve any outside storage nor in any way create, outside the building, any external evidence of the operation.
(k) Divisions (c), (g) and (j) above shall not apply to vehicle for hire businesses or vehicle for hire drivers as defined in Chapter 114 of this code.
(2) Activities permitted. Permitted home occupations include, but are not limited to the following list of activities; provided, however, that each permitted home occupation is subject to the limitations in the preceding division and to all other applicable regulations to the district in which it is located.
(a) Studio of an artist, photographer, craftsman, writer or composer;
(b) A family day care facility operating under the provisions of the Iowa Code Chapter 237A. An exception is hereby established in the case of family day care facilities under the Iowa Code Chapter 237A. The exception pertains to the restriction that only resident members of the family can be employed on the premises. Where Iowa Code Chapter 237A requires additional employees, those employees may be nonresidential, non-members of the family, provided a member or members of the family are the licensed or registered party and are in charge of the family day care facility. Inspection by the Fire Marshal of all family day care facilities is required;
(c) Domestic service activities such as sewing, tailoring and laundering;
(d) Pet clipping;
(e) Barber shop and beauty shop;
(f) Carpentry shop, cabinet making, upholstering, furniture repair, refinishing, sign making or other similar occupations;
(g) Home-based businesses where the service is provided off-premises;
(h) Sale of real estate and/or insurance;
(i) Office of a physician or dentist for consultation or emergency treatment, but not for general professional practice;
(j) Teaching, limited to not more than six pupils at one time;
(k) Telemarketing, computer programming and repair and services provided over the internet; and
(l) Mail order businesses where products are shipped directly from the supplier to the customer.
(3) Activities prohibited. Prohibited commercial activities in the home include, but are not limited to, the following. These activities and other similar activities are not classified as home occupations and will not be permitted in a residential area.
(a) Motor repair service or auto body repair service;
(b) Junk yard or salvage yard activity, as those terms are defined in Chapter 122 of this code, or welding activity;
(c) Restaurants or taverns;
(d) Convalescent homes;
(e) Rooming and boarding house;
(f) Gift, craft or antique shops;
(g) Animal husbandry, kennels or commercial horse stables;
(h) Tattooing, body piercing, fortune telling or massage services;
(i) Business or store of any kind with stock for trade or sale; and
(j) Warehousing or storage of materials or merchandise.
(4) Parking. Off-street parking, other than in a front yard, shall be provided for all home occupations. At least four off-street parking spaces are required for barber shops and beauty shops; all other uses shall comply with the parking requirements found in § 159.065.
(5) Variance. Variances from the requirements under this section shall be heard by the Zoning Board of Adjustment.
(N) Permitted uses. The regulations set forth in this division shall regulate allowable uses within a zoning district. Uses permitted by right shall be allowed if they comply with all applicable regulations. Uses included are based on the common meaning of the terms and not the name that an owner or operator might give to a use. Permitted uses are as follows.
(1) Residential uses. Residential uses include group living quarters, single- and two-family dwellings, rooming and boarding houses, manufactured homes and multi-family dwellings.
(2) Short-term lodging. Facilities offering transient lodging accommodations to the general public where the average length of stay is less than 60 days. Uses include bed and breakfast, hotels and motels.
(3) Office use.
(a) Activities conducted in an office setting and primarily focusing on administrative, business, governmental, professional, medical or financial services. Contractors and others who perform services off-site and no equipment or materials are stored on the site, are also included in this category.
(b) Examples include: banking and bank-related services, data processing, government offices and facilities, telemarketing, insurance services, lending credit services, public utility offices, real estate, medical/dental/chiropractic clinics, radio and television studios and offices of architects, engineers and lawyers.
(4) Motor vehicle sales. Retail sales or leasing of automobiles, light and medium trucks, motorcycles, recreational vehicles, marine craft and accessories. Vehicle repair, including painting, are permitted when conducted as a secondary activity to the sale of vehicles.
(5) Motor vehicle service and repair. Motor vehicle servicing, repairing, painting, detailing, bodywork, finishing and accessories for automobiles, motorcycles and light trucks. Premises may not be used for vehicle wrecking or salvaging.
(6) Entertainment, restaurant and recreation trade.
(a) Facilities providing entertainment or recreation services and eating and drinking establishments. Definition excludes adult entertainment establishments.
(b) Examples include: bars and taverns, banquet halls, bowling alleys, exhibiting and meeting halls, health clubs, game arcades, lodges and social clubs, movie theaters, pool halls, restaurants, cafes and delicatessens.
(7) Retail sales and service.
(a) Uses involve the sale, lease or rental of new or used consumer products, including prepared foods, to the general public and uses providing services involving predominately personal or business services, including repair of consumer and business goods. Does not include vehicle repairs. Lumber yards and other building material facilities selling primarily to contractors and not the general public are classified as a wholesale establishment. Sale, rental or leasing of heavy trucks and equipment are classified as a wholesale establishment.
(b) Retail sales example include antiques, appliances, art supplies, automobile supplies, bakeries, candy, clothing, convenience stores, computers, delicatessens, electronics, fabric, furniture, garden supplies, groceries, hardware, home improvements, jewelry, office supply, pharmacy, plants, flowers, shoes, sporting goods, stationary, toys and videos.
(c) Retail personal, business and repair service examples include animal grooming, printing services, barber and beauty shops, business schools, dance or music studios, dry cleaning, employment services, equipment rental and leasing, medical care services, kennels, laundromats, photography studios, sign making, tailors, television, bicycle, shoe, gun, appliance and office equipment repair, upholsterers, veterinarian offices.
(8) Wholesale trade.
(a) Uses that involve the sale, lease or rental of products primarily intended for industrial, institutional or commercial businesses. Business may or may not be open to the general public, but sales to the general public are limited.
(b) Examples include: mail order houses, electrical supplies, heating and plumbing equipment, equipment, machine parts, restaurant equipment, special trade tools, store fixtures, welding supplies, auto parts, alcoholic beverages, food.
(9) Industrial services.
(a) Uses that involve the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products, but not including consumer goods service or repair. Does not include salvage yards.
(b) Examples include: building, heating or electric contractors, electric motor repair, exterminators, fuel oil dispensers, heavy machinery sales including repair and storage, buses and heavy truck servicing and repair, machine shops, tool repair, towing and vehicle storage, truck stops, welding shops.
(10) Manufacturing and processing.
(a) Uses that involve the manufacturing, processing, fabrication, packaging or assembly of goods, excluding special uses listed in § 159.032(A). Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed of sold on site, but if so, they are a subordinate part of sales.
(b) Examples include: apparel, textile, chemicals, rubber, leather, clay plastic, stone and glass materials manufacturing, concrete batching and asphalt mixing, energy production, food and related products manufacturing, furniture and fixture manufacturing, lumber and wood products manufacturing, metal and metal products manufacturing, including enameling and galvanizing, machinery and electrical equipment, manufactured homes and prefabrication manufacturing, printing and publishing, woodworking, including cabinetry.
(11) Warehousing and freight handling.
(a) Uses that involve the storage or movement of goods. Does not include the storage of sand, gravel, grain or mini-storage facilities. No on-site sales.
(b) Examples include: freight storage, inter-model transfer facilities, warehousing, truck and rail freight terminals, warehouses used by retail stores, wholesale distribution centers.
(12) Waste processing, storage and transfer.
(a) Uses that receive solid or liquid waste from other uses for disposal, storage or treatment on-site or for transfer to another location; uses that collect sanitary wastes; uses that treat contaminated material; uses that process materials for recycling; and uses that manufacture or produce goods or energy from the composting of organic material.
(b) Examples include: recycling operations, treatment plants, waste composting, waste incineration, solid waste disposal facility, medical waste handling, storage and incineration, waste transfer station, hazardous waste handling, storage and incineration.
(13) Salvage yards, including auto salvage. A facility or area for storing, keeping, selling, dismantling, shredding, compressing or salvaging scrap or discarded material or equipment, and/or which are governed by the provisions of Chapter 122 of this code of ordinances. Scrap or discarded material includes, but is not limited to, metal, paper rags, tires bottles, motor vehicles and parts thereof, machinery structural steel, equipment and appliances.
(14) Adult entertainment establishments. Adult entertainment establishment means a building or use having a substantial or significant portion of its business by the offering of entertainment, stock in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of specific sexual activities including nude and semi-nude dancing. The uses include but are not limited to: adult book stores, adult massage parlors, adult modeling studios, adult mini motion picture theaters, adult motion picture theaters, adult theaters, adult sexual encounter centers and licensed beer and liquor establishments offering nude and semi-nude performances for entertainment.
(15) Other uses not identified. Uses specifically identified with a particular district will be identified separately in the district regulations. Uses not listed and the specific category cannot not be determined will be referred to the Zoning Board of Adjustment for final determination.
(O) Building appearance standards. All buildings, except single-family homes and residential accessory buildings, fronting on a public roadway in any C-1, C-2, C-2M, C-3, C-4 or C-R Commercial Zoning District, shall follow the requirements this division.
(1) (a) In order that buildings, structures and landscaping elements will be in harmony with other structures and improvements in the city, the following building standards shall apply to all new construction.
(b) For all new construction, the preferred exterior building materials shall include, but are not limited to brick or other suitable clay masonry material, stone veneer, granite, cast in place concrete panels, finished faced precast concrete, ceramic tile, decorative concrete block and tinted glass.
(2) (a) New construction not meeting the requirements of division (O)(1)(b) above shall have the front exterior meet the following standards.
(b) The front exterior of a new building shall have as a facing material on a minimum of 30% of the gross wall area from the eave or coping line down to grade line one of the preferred materials listed in division (O)(1)(b), glazed tile, wood, glass or an approved equivalent.
(3) Buildings on corner lots shall follow these requirements for both street frontages.
(4) Material guidelines:
(a) Material used shall be selected for suitability to the type of building or design in which they are used.
(b) Materials shall have good architectural quality and character.
(5) Exceptions. Buildings completely screened by other buildings from a public street or not clearly visible from a public street shall be exempt from these requirements.
(6) In the event that a dispute arises as to which wall constitutes the front of a building, the decision shall be made solely by the Zoning Committee of the City Plan Commission by considering what the general public would regard as the front of the building. The Zoning Committee will also determine alternative facing material than those specified in this section.
(P) Outdoor service areas (OSA). All outdoor service areas that are contiguous with a bar/tavern and/or restaurant that is regulated by a city liquor license, must meet the following requirements to operate within the city limits of the city. Special events centers and sidewalk cafés leased or permitted pursuant to § 97.042 are exempt from this division. Outdoor service areas must be approved as a special use permit through the Zoning Board of Adjustment and must comply with these listed requirements at all times during the duration of the special use permit. Any changes to an approved OSA size must be reviewed and approved through the Fire Marshal and/or Building Official. The OSA will be inspected annually by the Fire Marshal and/or the Building Official during the regularly scheduled liquor license inspection. Violations of this division may be cause for suspension or revocation of the OSA permit. All violations will be cited under the zoning regulations, § 159.999.
(1) Definitions.
ENCLOSED. A predominantly indoor area covered with a fixed structural roof and generally closed off from the outside.
NON-ENCLOSED. A predominately outdoor area that does not meet the definition of enclosed, including but not limited to patios, outdoor dining areas and outdoor service areas.
OUTDOOR SERVICE AREAS. Any non-enclosed area where one or more persons wait for or receive goods or services including but not limited to patios, outdoor dining areas and outdoor service areas.
PERMANENT OSA. An outdoor service area that is in existence for more than seven days and is contiguous with a building/establishment currently in operation as a restaurant, tavern/bar or other similar business.
RESIDENTIAL DISTRICT. An area that is prescribed to be residential according to the zoning regulations of the city.
SPECIAL EVENT CENTERS. Banquet and reception halls that are not open to the general public and are privately rented out for receptions, parties and or dinners.
TEMPORARY OSA. An outdoor service area that is in existence for less than seven days, and, is associated with a festival, fair, carnival or other similar temporary event.
(2) The OSA permit is for permanent outdoor service areas for bars, taverns and/or restaurants with bars that are not temporary in nature.
(3) All OSAs must comply with these requirements by August 1, 2023. Each OSA will be inspected annually by the Fire Marshal and/or the Building Official as part of the annual liquor license inspection.
(4) All OSA must have a clear delineation of the OSA area. Any OSA located within 100 feet of a residential district must have a six foot solid visual barrier. No open alcohol containers shall be sold or taken out of the delineated OSA area.
(5) The OSA will not impair/impede an adequate amount of air and light to the adjacent properties.
(6) The OSA will not unreasonably increase the congestion in public streets or alleys.
(7) The OSA will not in any way impair the public health, comfort, safety and welfare of the inhabitants of the city.
(8) The OSA will not in any other respects impair the public health, comfort, safety or welfare of the inhabitants of the city.
(9) The OSA must have at least one 30-gallon trash receptacle or a proportionate number of receptacles to meet this requirement.
(10) The OSA will not increase the danger of fire, or of the public safety, and it will meet all current Fire Code regulations. (All aspects of the OSA must meet the requirements of the Fire Marshal and the Building Official.)
(12) The OSA will not have any advertising, signs or graffiti-like markings on the exterior of the wall/fence, and the wall/fence must be properly maintained so as not to be a nuisance, and continue to provide adequate site and sound barrier.
(13) Each OSA must have an exit from the outdoor area. If the establishment has a class II exemption, or elects for no exemption (as defined in § 110.16), for its liquor license and has the six foot barrier, the exit must be alarmed and only be accessible from the inside of the OSA. If the establishment has a class I exemption liquor license, no barrier or alarmed exit are required. Exits must meet fire code.
(14) Each OSA that is entered through a required egress from the establishment must provide a clear path for emergency exiting to the OSA exit.
(15) The exit gate/door from the OSA must swing in the direction of the egress with panic hardware.
(16) The OSA egress must be illuminated at all times while the area is in use.
(17) The occupant load for the establishment that installs an OSA will be based on the current occupancy load of the inside of the establishment. The occupancy load for the OSA will be determined by the Fire Marshal and/or Building Official.
(18) Portable fire extinguisher must be located inside the establishment within ten feet of the OSA entrance (unless a portable fire extinguisher is kept in the OSA). The Fire Marshal or Building Official shall determine the quantity of required extinguishers.
(19) The OSA for establishments that have a class II liquor license exemption, or elects to have no class exemption (as defined in § 110.16), closer than 100 feet to a residential district shall have the OSA secure with a six-foot solid visual barrier wall or fence enclosure on all sides, built to the ground, provided that this provision shall not apply to OSA’s located within a sidewalk café authorized pursuant to § 97.042.
(20) The OSA shall be in a side or rear yard area wherever possible; or in a sidewalk café authorized pursuant to § 97.042, wherever located; and complies with all zoning regulations in the district in which the use is to be located. OSAs in front yards are allowed if no rear or side options are available, provided it meets all other special use and zoning requirements.
(21) The OSA will be contiguous with a part of the main building and will not be closer than ten feet to any residential unit.
(22) The OSA for liquor establishments with a class II exemption, or elects to have no class exemption (as defined in § 110.16), that is within 100 feet of a residential district, will not have an entrance to the walled/fenced area except through the bar/restaurant establishment.
(23) The OSA must have a non-combustible floor surface and have sufficient lighting to illuminate the entire OSA, and it must have a solid, level floor that will not cause a tripping/falling hazard to occupants and employees.
(24) The OSA will not have a roof or roof covering over more than 50% of the walled/fenced area.
(25) The OSA must provide non-combustible ash trays and containers for removal of ashes and cigarette butts.
(26) The OSA for golf courses are excluded.
(27) The OSA will have no open-flame decorative or heating devices unless prior inspection and approval has been granted from the Fire Marshal or Building Code Official.
(Q) Temporary Outdoor Service Area (TOSA). These regulations apply to all temporary outdoor service areas that are contiguous with a bar, tavern or restaurant that is regulated by a city/state liquor license and are in existence for less than seven days at a time.
(1) These regulations do not apply to special event centers, fairs, carnivals, festivals or similar events located on public property.
(2) These regulations shall not contradict or repeal any current ordinance, resolution or law in effect upon the enactment by ordinance or resolution of this document.
(3) The TOSA permit is for temporary outdoor service areas for bars, taverns, and/or restaurants that are contiguous with a bar, tavern, or restaurant that exists and that has a current liquor license with the city and the State of Iowa and is valid for the requested and approved time period only.
(4) The application must be filed with the City Clerk at least 45 days before the event is to take place to ensure that all departments have sufficient time to consider approval for the event.
(5) Each application will be reviewed by the Fire Marshal, the Building Official and the Police Chief or their designated representative. An inspection is also required by the Building Official to verify compliance with these regulations.
(6) The temporary event will not impair/impede an adequate amount of air and light to the adjacent properties and will not create excessive light that adversely affects neighboring properties including residential neighborhoods and properties. The area must have sufficient illumination for the duration of the event.
(7) The area/event will not cause any congestion in public streets or alleys.
(8) The area/event will not in any way impair the public health, comfort, safety and welfare of the inhabitants of the city.
(9) The area must have sufficient trash receptacles to ensure that trash, garbage and debris are kept inside containers and will not litter the grounds or surrounding properties. All trash, garbage and debris will be collected and contained at all times during the event including all parking areas and public right-of-ways.
(10) The area/event will not increase the danger of fire or of the public safety, and it will meet all current city ordinances and will not decrease the required amount of parking spaces and it will not adversely affect the surrounding neighborhoods.
(11) Those TOSAs that affect the normal parking areas must provide a written plan for parking for the event(s).
(12) The owner of the establishment or the liquor license will regulate any type of amplified music or loudspeakers to ensure that the noise does not violate the city noise ordinance, Chapter 93 of this code.
(13) Each application must provide a plan for portable restroom facilities, based upon the expected attendance of the event.
(14) Each area/event must have its entire area enclosed with temporary fencing to ensure security and enforcement of all requirements and laws concerning the liquor license and TOSA permit, and must have the entrance staffed with sufficient employees to ensure safety, security and enforcement of all requirements and laws concerning the liquor license and the TOSA permit.
(15) The occupant load for the establishment that installs a TOSA will be based on the current occupancy load of the inside of the establishment, and may not increase the occupancy load of the inside of the establishment by more than 10%, according to the Life Safety Code.
(16) The area/event will be contiguous with a part of the main building and will not be closer than ten feet to any residential unit.
(17) The establishment must provide non-combustible ash trays and containers for removal of ashes and cigarette butts and must have a non-combustible floor.
(18) Any violation of these requirements during the event may result in the immediate revocation of this temporary permit by the City Police Department, Fire Department or Community Development Department, and may be used as evidence to deny future similar events to the owner of the liquor license and/or the owner of the establishment. Any costs associated with a violation where any city department is forced to respond during the event shall be paid by the liquor license holder or the building owner.
(19) A copy of each application and the regulations will be placed on file with the Building Official, the Fire Marshal and the Police Chief, as well as the City Clerk, for purposes of enforcement during the event.
(R) Urban chickens. The keeping of no more than six chickens for use on a single-family detached residential property for the benefit of the owners of said property is an allowed use in an R-1 One-Family Residential District and R-2 Two-Family Residential District.
(1) Definitions. For the purpose of this section, the following definitions shall apply.
CHICKEN. A member of the subspecies Gallus gallus domesticus, a domesticated fowl.
COOP. A cage, enclosure, or structure used for housing and protecting chickens from weather and predators.
SINGLE FAMILY DWELLING. Any building that contains only one dwelling unit used, intended, rented, leased, let or hired to be occupied for residential purposes.
TRACTOR. A cage, structure, or similar enclosure capable of movement used for housing and protecting chickens from weather and predators.
URBAN CHICKEN. A chicken kept on a tract of land pursuant to a permit issued under the terms of this chapter.
(2) Permit for urban chicken(s) required.
(a) Permit required. No person shall raise, harbor or keep chickens on any land not zoned R-1 One Family District or R-2 Two-Family District within the city without a valid permit issued by the Building and Neighborhood Services Department. No permit is required for property zoned A-1 Agricultural Reserve.
(b) Requirements. The Building and Neighborhood Services Department shall issue a permit if the following requirements have been met:
1. The property for which the permit is sought has passed inspection by Building and Neighborhood Services;
2. All inspection fees have been paid;
3. There are no nuisance conditions, or unresolved violations of nuisance ordinance, on the property;
4. The parcel of land for which the permit is sought contains only one single-family dwelling which is occupied and used as such by the applicant/permittee;
5. The applicant has provided written verification of the consent of the owner of the parcel of land for which the permit is sought, if the applicant is not the owner, and is instead tenant, lessee or otherwise authorized to reside at and use the property;
6. The applicant has provided verification they successfully completed an approved class in raising chickens in an urban, or suburban, setting. The City Clerk/Administrator shall maintain a current list of approved classes.
7. The application is in compliance with all other conditions and prerequisites set out in this ordinance;
(c) Terms of permit. The permit shall contain, and permittee agree to adhere, to the following:
1. The permittee shall follow the City Code and state law regarding animal care;
2. The permittee grants the city the right to inspect the coop and pen with due notice;
3. The permit is a limited license for the specific activity and person named in the permit, and no vested zoning rights arise from the permit being issued. The permit is limited to the party to whom it is issued, and does not run with the land;
4. The permit will be permanent unless revoked.
(d) Suspension or revocation of permit. The permit may be suspended or revoked by Building and Neighborhood Services upon hearing and finding evidence that the permittee has violated the conditions of the permit or the terms of this section; or made a false statement or representation on the application form. All chickens must be removed upon revocation of the permit. The permit fee will not be refunded.
(3) General requirements.
(a) Non-commercial use only. Permit holder shall not engage in the breeding of chickens or fertilizer production for commercial purposes.
(b) Single-family residential. Permits will only be granted for parcels with one single-family residential unit. Permits will not be granted for any parcel with more than one residential unit located upon the parcel.
(c) Private restrictions take precedence. Private restrictions on the use of the property shall remain enforceable and shall supersede the terms of this chapter and any permit issued. The private restrictions include, but are not limited to: deed restrictions, condominium restrictions, neighborhood association bylaws, covenants and restrictions, and rental agreements.
(d) Rental property. The owner of the parcel must concur with any application for urban chickens. Tenants must obtain the written permission from the landlord/property owner to keep chickens or install a coop.
(e) Slaughter of chickens. Any slaughter of chickens not regulated by federal or state law, or regulated otherwise, shall be performed in a humane manner and shall not be done in open view to any public area or adjacent to property owned by another.
(f) Dead chickens. Other than slaughtered chickens, the owner shall dispose of dead chickens in a sanitary manner. Composting does not qualify as proper disposal.
(g) Hens only. Only female chickens (hens) are allowed. Male chickens (roosters) are not allowed and shall be removed immediately by the owner.
(h) No more than six allowed. No more than six chickens shall be allowed on any parcel.
(4) Site requirements.
(a) Enclosures required. Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a coop or chicken tractor during non-daylight hours.
(b) Location and separation distances.
1. Coops, including tractors, must be at least ten feet from any property lines
2. Coops must be at least five feet from the principle use residential structure on the applicant’s property.
3. Coops must be in the rear yard of the property.
(5) Enclosure requirements.
(a) Enclosures, coops and tractors must be kept in clean, dry, odor free, neat and sanitary conditions at all times.
(b) Coops and tractors shall be well maintained.
(c) Coops and tractors must provide adequate ventilation, sun and shade.
(d) Coops and tractors shall be constructed, maintained and repaired to prevent entry by rodents, wild birds, predators, dogs and cats.
(e) Coops and tractors shall be built of solid materials such as wood, metal or plastic.
(f) Coops and tractors shall be at least 18 inches in height.
(g) Coops and tractors shall be designed to provide safe and healthy living conditions for the chickens which reside therein, with a minimum of 16 square feet. Maximum coop size is 96 square feet. Coops must allow a minimum of four square feet per chicken.
(h) Coops and tractors shall be enclosed on all sides and shall have a roof and at least one door. Access doors must be able to be shut and locked at night. Opening windows, vents or doors must be covered with predator and bird proof wire of less than one-inch openings.
(i) Materials used for coops or tractors shall be uniform of each element of the structure that the walls are made of the same material, the roof has the same shingles or covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal or similar materials is prohibited.
(j) Well drained. Enclosures, coops and tractors must be well drained to prevent accumulations of moisture; accumulations of moisture shall be avoided and removed.
(k) Fences. Fences that serve as enclosures for chickens shall consist of sturdy wire fencing of a type customarily designed for and used to enclose chickens and shall be constructed in a sturdy manner so as to contain the chickens and prevent entry by predators, dogs and cats.
(6) Predators, rodents, insects and parasites. The permittee shall take necessary action to reduce the attraction of predators and rodents, and the potential for infestation by insects and parasites. Chickens found to be infested with insects or parasites that may result in unhealthy conditions to human habitation shall be removed by the owner and may be removed by the city at the owner’s expense.
(7) Chickens at large and injury caused by other animals.
(a) At large prohibited. Permittee shall not allow their chickens to roam off the parcel of land covered by the permit. Any chicken found off the permitted property shall be considered to be “at-large” and subject to the penalties and provisions of the city code for at-large animals.
(b) Dangerous or vicious designation. Injury or death to a chicken that is caused by a dog, cat or other domesticated animal shall not be considered sufficient grounds, in and of itself, to designate the animal as dangerous or vicious pursuant to Chapter 91.
(c) City not liable. The city shall not be liable for injury or death of chickens caused by dogs, cats, or other animals domestic or wild, regardless of whether or not licensed by the city.
(8) Feed and water. Chickens shall be provided with access to feed and clean water at all times. All feed and other items associated with keeping chickens shall be protected in a manner to prevent rodents, wild birds, and predators from coming into contact with them.
(9) Storage and removal of feces and waste.
(a) Feces and waste to be removed. Feces and waste shall be removed from enclosures, coops and tractors at least once per week.
(b) Storage and disposal of feces and waste. Feces and waste may be stored on the permittee’s property. Feces and waste must be stored in a fully enclosed unit with a roof or lid. The storage unit may allow sunlight and movement of air so the materials dry, but must be designed, used and maintained in such a manner as to keep the material fully contained so that it does not blow or otherwise erode onto other properties. When stored, feces and waste must be stored in a manner to not attract flies, rodents or other vermin.
(c) Use as fertilizer. Feces and waste may be used as fertilizer on the permitted property subject to being turned in to the soil completely immediately upon application and there is no noxious odor.
(10) Nuisances. Any violation of this section that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance, subject to sanctions and abatement as set out in the Code of Ordinances.
(11) Fees. The fee for an inspection shall be $30. Should a re-inspection be required, there will be no charge for the first re-inspection. Any additional re-inspections will result in an additional $30 fee. All fees must be paid prior to a permit being issued.
(S) Public utilities.
(1) Buildings and structures necessary to support water, wastewater, sewer, gas and electric utilities ("public utility buildings"), including but not limited to substations and pump stations, are hereby permitted in any zoned district.
(2) Public utility buildings are hereby exempt from any potential design standards that may be required in a zoned district.
(3) Public utility buildings are required to meet all other zoning requirements of the applicable zoning district, including but not limited to setback requirements.
(4) Utility plants, including but not limited to power plants and wastewater treatment plants are hereby permitted in M-2 and M-3 zoned districts only.
(1999 Code, § 165.22) (Ord. 2119, passed 8-8-2000; Ord. 2247, passed 10-9-2001; Ord. 2256, passed 6-25-2002; Ord. 2296, passed 6-28-2005; Ord. 2326, passed 6-13-2006; Ord. 2352, passed 7-24-2007; Ord. 2368, passed 5-27-2008; Ord. 2391, passed 10-28-2008; Ord. 2403, passed 4-14-2009; Ord. 2411, passed 4-27-2010; Ord. 2425, passed 9-14-2010; Ord. 2508, passed 6-24-2014; Ord. 2544, passed 10-25-2016; Ord. 2562, passed 1-9-2018; Ord. 2581, passed 5-8-2018; Ord. 2609, passed 4-23-2019; Ord. 2684, passed 9-14-2021; Ord. 2688, passed 10-12-2021; Ord. 2723, passed 3-28-2023; Ord. 2732, passed 7-11-2023; Ord. 2733, passed 10-10-2023; Ord. 2752, passed 9-24-2024) Penalty, see § 159.999
(A) Definitions.
ABANDONMENT. Any solar energy system or facility that is no longer producing power, except for a temporary interruption of power for maintenance or repowering, which said period of temporary interruption shall not exceed 90 days, except by express permission of the City Council.
AGRIVOLTAICS. A solar energy system co-located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.
COMMERCIAL SOLAR. Solar panels intended to power a single commercial business, which may be roof-mounted or ground-mounted on the same parcel as the business, or on an adjacent parcel owned by the same business.
COMMUNITY-SCALE SOLAR (HYBRID). A large solar array, typically smaller than a commercial array, which is built to meet the power needs of interested customers in a particular area
based upon a contract solely with the interested customer in that area. Utility-scale and community solar projects may be of any size, except as limited herein, and provided they meet the regulations contained in Chapter 159, including especially this section, and all other requirements of this code.
COMMUNITY SOLAR GARDEN. A solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system. Also referred to as shared solar.
DECOMMISSION. To remove or retire a solar energy system or facility from active service.
GROUND-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system that is not attached to or mounted on any roof or exterior wall of any principle or accessory building.
HEIGHT. The height of a solar energy system, with all components, measured vertically from the adjacent grade to its highest point at maximum tilt.
LARGE-SCALE SOLAR ENERGY SYSTEM/SOLAR FARM. A commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity, and which has commercial use beyond providing power to the individual owner or business located on the parcel. A LARGE-SCALE SOLAR ENERGY SYSTEM will have a project size greater than the acreage necessary to service the building on the parcel and, for the life of the system, is the principal land use for the parcel(s) on which it is located.
OFF-GRID SOLAR ENERGY SYSTEM. A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.
PHOTOVOLTAIC (PV) SYSTEM. A solar energy system that converts solar energy directly into electricity.
PRIVATE SOLAR ENERGY SYSTEM. A solar energy system used exclusively for private purposes and not used for commercial resale of energy, except for the sale of surplus electrical energy back to the electrical grid.
RENEWABLE ENERGY EASEMENT/ SOLAR ENERGY EASEMENT. An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefitted land to wind or sunlight passing over the burdened land.
RESIDENTIAL SOLAR. Solar panels which provide power solely to a single residential building which may be roof-mounted or ground-mounted on the same parcel.
ROOF-MOUNT. A solar energy system mounted on a rack that is fastened to or ballasted on a structure roof. ROOF-MOUNT systems are accessory to the principal use.
SOLAR ACCESS. Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.
SOLAR CARPORT. A solar energy system of any size that is installed on a carport structure that is accessory to a parking area, and which may include electric vehicle supply equipment or energy storage facilities.
SOLAR COLLECTOR. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. The collector does not include frames, supports, or mounting hardware.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM. A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating.
SOLAR MOUNTING DEVICES. Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.
UTILITY SCALE SOLAR.
(a) A large-scale solar array which is designed to provide large-scale power output which is designed to service multiple parcels outside the parcel on which is situated, and which power is sold to multiple residential and commercial users in its service area. Examples include, but are not limited to:
1. A utility, municipality (if the electric utility is owned by a city), or an electric cooperative (in more rural areas) to serve both residential and commercial customers in their service area;
2. A corporation to power its needs in a particular region;
3. One or more large universities or other institutions in the same area that pool together to buy electricity.
(b) Utility-scale and community solar projects may be of any size, except as limited herein, and provided they meet the regulations contained in Chapter 159, including especially this section, and all other requirements of this code.
(B) Permitted accessory use. Solar energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts. Ground-mount solar in residential districts will be treated as an accessory structure and follow guidelines in division (B)(7) below. Solar energy systems that do not meet the following design standards will require a conditional use permit.
(1) Height. Solar energy systems must meet the following height requirements:
(a) Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building-mounted mechanical devices or equipment.
(b) Ground- or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt. In all residential districts, ground or pole mount must follow accessory building height restrictions.
(c) Solar carports in non-residential districts shall not exceed 20 feet in height from parking grade.
(2) Setback. Solar energy systems must meet the accessory structure setback for the zoning district and principal land use associated with the lot on which the system is located, except as allowed below.
(a) Roof- or building-mounted solar energy systems. The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side-yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings. All roof mounting must follow IBC/IRC/NEC regulations.
(b) Ground-mounted solar energy systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt.
(3) Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts. Ground-mount must be in rear or side yard. Visibility standards do not apply to systems in non-residential districts, except for historic building or district review as described in division (B)(5) below.
(a) Building integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.
(b) Aesthetic restrictions. Roof- or ground-mounted solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley, or if the system meets the following standards.
1. Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof.
2. Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.
(c) Reflectors. Solar energy systems using a reflector to enhance solar production are prohibited.
(4) Lot Coverage. Ground-mounted systems total collector area shall not exceed the allowable accessory building allowable size in any residential district, not to exceed 30% of rear yard. In commercial or manufacturing districts ground-mount systems shall not exceed half the building footprint of the principal structure.
(a) Ground-mounted solar farm systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.
(b) Solar carports in non-residential districts are exempt from lot coverage limitations.
(5) Historic buildings. Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of state or federal historic designation) must receive approval of the Community Heritage Preservation Commission or Clinton Historical Society, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior.
(6) Plan approval required. All solar energy systems requiring a building permit or other permit from the city shall provide a site plan for zoning review.
(a) Plan applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mounted system, including the property lines.
(b) Plan approvals. Applications that meet the design requirements of this section shall be granted administrative approval by the Zoning Official and shall not require Planning Commission review. Plan approval does not indicate compliance with Building Code or Electric Code.
(7) Approved solar components. Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have a SRCC rating.
(8) Compliance with Building Code. All solar energy systems shall meet approval of local Building Code Officials, consistent with IRC/IBC/NEC solar energy provisions, and solar thermal systems shall comply with all ICC codes as adopted by the city.
(9) Utility notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.
(C) Principal uses. The city encourages the development of residential, commercial, agricultural, and utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground-mounted solar energy systems that are the principal use on the development lot or lots are conditional uses in selected districts.
(1) Use general standards; residential, commercial, and agricultural (private/owner). Principal use solar, where the solar is generated by the owner of the property for the use of the property owner.
(a) Site design.
1. Setbacks; residential, commercial and agricultural principle (owner) use solar. Ground-mount solar arrays are to be treated similar to an accessory structure, with all height, area, and setback requirements listed in
§
159.046(G).
2. Screening.
a. If required, a screening plan shall be submitted that identifies the type and extent of screening for ground-mount arrays.
b. Screening shall be consistent with the city's screening ordinance or standards typically applied for other land use requiring screening.
c. The city may require screening where it determines there is a clear community interest in maintaining a viewshed.
(2) Principal use general standards; community- and large-scale solar farm.
(a) Site design.
1. Setbacks. Community- and large-scale solar arrays must meet the following setbacks:
a. Property line setback for buildings or structures in the district in which the system is located, except as other determined in division (C)(2)(a)1.e. below.
b. Roadway setback of 15 feet from the ROW centerline of state highways and CSAHs, 100 feet for other roads, except as determined in division (C)(2)(a)1.e. below.
c. Housing unit setback of 150 feet from any existing dwelling unit, except as other determined in division (C)(2)(a)1.e. below.
d. Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.
e. All setbacks can be reduced by 50% if the array is fully screened from the setback point of measurement.
2. Screening. Community- and large-scale solar shall be screened from existing residential dwellings.
a. A screening plan shall be submitted that identifies the type and extent of screening.
b. Screening shall be consistent with the city's screening ordinance or standards typically applied for other land uses requiring screening.
c. Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.
d. The city may require screening where it determines there is a clear community interest in maintaining a viewshed.
3. Ground cover and buffer areas. The following provisions shall apply to the clearing of existing vegetation and establishment vegetated ground cover. Additional site-specific conditions may apply as required by the city.
a. Large scale removal of mature trees on the site is discouraged. The city may set additional restrictions on tree clearing or require mitigation for cleared trees.
b. The applicant shall submit a vegetative management plan prepared by a qualified professional or reviewed and approved by a natural resource agency or authority, such as the Natural Resources Conservation Service of the United States Department of Agriculture, Iowa State University Extension and Outreach, the Iowa Department of Natural Resources, and the Iowa Department of Agriculture and Land Stewardship. The plan shall identify:
i. The natural resource professionals consulted or responsible for the plan.
ii. The conservation, habitat, eco-system, or agricultural goals, which may include: providing habitat for pollinators such as bees and monarch butterflies, providing habitat for wildlife such as upland nesting birds and other wildlife, establishing vegetation for livestock grazing, reducing on-site soil erosion, and improving or protecting surface or ground water quality.
iii. The intended mix of vegetation upon establishment.
iv. The management methods and schedules for how the vegetation will be managed on an annual basis, with particular attention given to the establishment period of approximately three years.
c. Soils shall be planted and maintained in perennial vegetation for the full operational life of the project, to prevent erosion, manage run off and build soil.
d. Vegetative cover should include a mix of perennial grasses and wildflowers that will preferably result in a short stature prairie with a diversity of forbs or flowering plants that bloom throughout the growing season. Blooming shrubs may be used in buffer areas as appropriate for visual screening. Perennial vegetation (grasses and forbs) are preferably native to Iowa, but where appropriate to the vegetative management plan goals, may also include other naturalized and non-invasive species which provided habitat for pollinators and wildlife and/or other ecosystem services (i.e. clovers).
e. Plant material must not have been treated with systemic insecticides, particularly neonicotinoids.
4. Foundations. A qualified engineer shall certify that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions.
5. Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the city in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Zoning Administrator.
6. Fencing. Perimeter fencing for the site shall not include barbed wire or woven wire designs, and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site is incorporating agrivoltaics.
(b) Stormwater and NPDES. Solar farms are subject to the city's stormwater management and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall not be considered impervious surfaces if the project complies with ground cover standards, as described in division (C)(2)(a)3. of this section.
(c) Other standards and codes. All solar farms shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Iowa Uniform Building Code, as amended, and the ICC Codes, as amended, and the National Electric Code, as amended.
(d) Site plan required. The applicant shall submit a detailed site plan for both existing and proposed conditions, showing locations of solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics requested by the city. The site plan should show all zoning districts and overlay districts.
(e) Aviation protection. For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through qualitative analysis of the potential impact, field test demonstration or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
(f) Agricultural protection. Solar farms must comply with site assessment or soil identification standards that are intended to identify agricultural soils. The city may require mitigation for use of prime soils for solar array placement, including the following:
1. Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.
2. Using an interim use or time-limited CUP that allows the site to be returned to agriculture at the end of life of the solar installation.
3. Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project site.
4. Locating the project in a wellhead protection area for the purpose of removing agricultural uses from high risk recharge areas.
(g) Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Said decommissioning plan shall be implemented immediately upon the end of operations of any large-scale or community scale solar field. This provision shall not apply if the solar field temporarily ceases to operate for maintenance or repowering purposes, which temporary cessation shall not exceed 90 days, unless a waiver of the same is granted by the express permission of the City Council.
1. Decommissioning of the system must occur in the event the project is not in use for 12 consecutive months.
2. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.
3. Disposal of structures and/or foundations shall meet the provisions of the city’s solid waste ordinance.
4. The city may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning.
(3) Community-scale and large-scale solar farms.
(a) Community-scale solar. The city permits the development of community-scale solar, subject to the following standards and requirements:
1. Community-scale ground-mounted. Community solar energy systems are a permitted use in M Districts only, as further specified in this chapter.
2. Standards. All structures must comply with setback and height, standards for the M District in which the system is located.
3. A special use permit shall be required from the Zoning Board of Adjustment prior to installation of any community-scale solar array.
(b) Large-scale solar. Ground-mounted solar energy arrays that are the principal use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted only in the following areas under the following standards:
1. M-1 and M-2 Districts:
a. Solar fields may only be installed on sites that are 25 contiguous acres or less.
b. The property shall be maintained by cutting or destroying all grasses, weeds, vines and brush when the growth exceeds eight inches in height.
2. M-3 Districts south of Highway 30 and west of South 54th Street.
a. Solar arrays may be any size.
b. Solar arrays may only be installed on sites south of Highway 30 and west of South 54th Street.
c. The property shall be maintained by cutting or destroying all grasses, weeds, vines, and brush when the growth exceeds eight inches in height.
d. For prairie grass plots and pollinator pockets around solar arrays, the growth shall be mowed or otherwise reduced to eight inches in height a minimum of once per calendar year.
3. A special use permit shall be required from the Zoning Board of Adjustment prior to installation for any large-scale solar array. Further, City Council permission, including any required additional limits or conditions the Council deems appropriate, shall be required.
(c) Applicant must provide for any community-scale or large-scale solar farms contemplated, an opinion from a certified Iowa professional engineer, outlining the removal and disposal procedure for all solar panels once said panels are decommissioned due to failure, damage or other defect, including a fair market value estimate of decommissioning and disposal costs of the same. Said cost of decommissioning and disposal must be updated with a supplemental report to Building and Neighborhood Services every two years following initial completion of the solar array, beginning on the two-year anniversary of completion. Further, applicant must provide proof of a bond in an amount sufficient to pay for all decommissioning and disposal of the entire solar array on the permitted property. In lieu of a bond, applicant may provide a cash deposit in the amount of the engineer's decommissioning estimate, which shall be kept in an interest-bearing account by the city. Said bond or cash deposit shall be increased commensurate with any recommended increases by the applicant's engineer during the life of the project. In the event of a cash deposit which is not depleted by the decommissioning and disposal costs, the remainder, plus any accrued interest on the remainder, shall be refunded to the applicant, or applicant's successor.
(d) In the event that applicant sells or transfers any ownership interest in the array during the life of the array, said transfer documents shall contain reference to this section and the decommissioning requirement. All successor owners shall be subject to this provision.
(e) No special use permit shall be granted for any community-scale or large-scale solar farm unless the project limit is at least 300 feet from any residential structure.
(f) All special use permits and conditional use permits for community-scale or large-scale solar farms shall require written notice, consistent with city and state zoning notice requirements, to all property owners whose lot lines are within 1,000 feet of the lot lines of the proposed parcel where the solar farm is contemplated to be built.
(g) All community-scale or large-scale solar farms shall be built no closer than 50 feet from any public right-of-way.
(h) All community-scale and large-scale solar farms shall be installed in such a way to eliminate any glare or reflection causing a nuisance to any other property, and screening in the form of trees, berms, fences and the like may be imposed as the Zoning Board of Adjustment, or the City Council may deem appropriate.
(i) No community-scale or large-scale solar farm shall be granted any special use permit if the proposed location is within one air mile of any existing previously approved community-scale or large-scale solar farm within the city limits.
(4) All solar projects. All solar shall be installed in such as way to eliminate any glare or reflection causing a nuisance to any other property.
(Ord. 2734, passed 11-28-2023; Ord. 2736, passed 3-26-2024; Ord. 2747, passed 6-11-2024)
(A) The use of land which does not conform to the provisions of this chapter, at the time of its effective date, may be continued until a time as a structure is erected thereon and thereafter the use of the land and the building must conform with the provisions of this chapter.
(B) The lawful use of a building existing at the time of the effective date of this chapter may be continued although the use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be continued as the same nonconforming use to a more restricted classification or to a conforming use, but the use shall not thereafter be changed to a less restricted use.
(C)
In the event a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the use regulations of the district, except that a legal nonconforming use for a two-family dwelling can be reinstated, regardless of the length of time that it was discontinued, provided all other conditions of the zoning regulations and all other ordinances were met, and a single-family residential in a C-2 District that was previously intended for single-family use prior to August 11, 2015, may be converted back to residential regardless of the length of time that it was discontinued, provided all other conditions of the zoning regulations and all other ordinances were met.
(D) No nonconforming use, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed or structurally altered unless the use is changed to a use permitted in the district. The provisions of this division shall not apply to existing residences in the M-1, M-2 or M-3 Districts and existing residences in C-2 District prior to August 11, 2015; nor shall the provisions of this division preclude the construction, enlargement, extension, reconstruction, or structural alteration of accessory buildings appurtenant to a nonconforming residential use in the C-2 Districts, provided such buildings comply with the required setbacks for R-1C District and the provisions of § 159.046(G).
(E) Direction or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue and any signs shall not be expanded in area, height, number or illumination. New signs, not to exceed 36 square feet in aggregate area, may be erected only after all other signs existing at the time of the adoption of this chapter are removed. New signs in conformity with the above regulations may have illumination not to exceed 60 watts on one face of the sign, but flashing, intermittent or moving illumination signs are not permitted.
(F) The adoption of this section shall not create any new nonconforming uses or validate any existing nonconforming uses unless any existing zoning districts are amended.
(G) If a nonconforming building or structure is damaged by more than 50% of its assessed value by fire, wind, tornado or other natural disaster, it cannot be rebuilt. If less than 50% damaged, it may be rebuilt provided the rebuilding does not increase the intensity of use or floor area of the nonconformity.
(1999 Code, § 165.25) (Ord. 2247, passed 10-9-2001; Ord. 2733, passed 10-10-2023; Ord. 2740, passed 4-23-2024) Penalty, see § 159.999
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