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(A) General description.
(1) This district is intended for the conduct of retail trade and personal services to meet the needs of the residents of the adjacent neighborhoods. Because these shops and stores may be an integral part of the neighborhood and in close proximity to housing, the requirements for light, air, open space and signs are more strict than the community commercial districts.
(2) This is a new zoning district effective 5-12-2003.
(B) Permitted uses. All activity shall take place within an enclosed building, except as permitted in this chapter. Property and buildings shall be used only for the following purposes:
(1) Store or shop for retail or discount sales, subject to limitations listed below for specific uses;
(2) Retail and service stores and facilities subject to limitations listed below for specific uses;
(3) Limited outside display and sales activities: only in accordance with the following guidelines:
(a) Gasoline sales at an automobile service station or a retail business such as a convenience store; and
(b) Special sales merchandise may be temporarily displayed outdoors; provided:
1. The display shall be limited to the sidewalk in front of the store;
2. No required parking lot area shall be used as a display or sales area; and
3. No public sidewalk or street right-of-way shall be used for display, except for a special community merchant promotion approved by the City Council;
(4) Automotive-related facilities, including the following:
(a) Automobile service station or fuel pumps located with a retail business; and
(b) New parts store, sales only.
(5) Sales and service facilities including, but not limited to, the following:
(a) Bicycle shop;
(b) Household appliance store;
(c) Shoe repair shop;
(d) Lock or security system shop;
(e) Radio, television and home electronics shop;
(f) Bakery (seven employees or less); and
(g) Laundry or dry cleaner, including self service.
(6) Eating, drinking and recreation establishments, subject to the following types permitted:
(a) Drive-in for food, non-alcoholic drinks or confection;
(b) Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part of alcoholic beverages for consumption on the premises;
(c) Catering facilities;
(d) Billiard parlor, pool hall or domino parlor;
(e) Theater; and
(f) Use restrictions:
1. No uses listed above offering for sale or dispensing alcoholic beverages shall be located within 300 feet of any school, church, youth center, playground or hospital. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
2. The nearest property line of such conditional use (single use, freestanding building or structure); and
3. The closest exterior wall of the space occupied by the conditional use (multiple occupancy building or structure).
(7) Veterinary clinic/hospital; provided, there are no outside runs;
(8) Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium, health club facility, video game arcade;
(9) Hotel or motel;
(10) Funeral home;
(11) Office building and related professional, administrative, corporate, financial and service office uses;
(12) Municipal buildings and facilities owned by the city or other public entity, including, but not limited to, City Hall, police and fire stations, library, public recreation, auditorium, community or neighborhood center, water wells, lift stations or open space;
(13) Any of the following educational or cultural uses:
(a) Art gallery;
(b) Assembly hall for non-profit corporation;
(c) Business college or school for vocational training, without dormitory facilities;
(d) Library;
(e) Museum;
(f) School for instruction in dance or music;
(g) Public or private school; and
(h) Theater for motion pictures or stage performances.
(14) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;
(15) Day care center;
(16) Off-street parking lot: subject to the requirements set forth in this chapter and all other applicable city regulations;
(17) Accessory buildings, structures, and uses customarily incidental to the uses listed in this section when located on the same lot;
(18) Property owners’ association green space, meeting or recreation facility;
(19) Carports. Permitted in the rear yard subject to existing easement;
(20) Accessory and non-accessory signs: subject to city sign regulations;
(21) Accessory storage units for merchandise providing completely enclosed storage; and
(22) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements.
(C) Conditional uses. None authorized.
(D) Uses subject to review. The following uses may be permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Retail sales business requiring outside parking of more than two sales, rental, service or delivery vehicles on-site;
(2) Any permanent outside display area or activity for a retail or discount store which can be seen from a public street or adjacent property, such as a plant nursery, a storage area for automobiles, trucks, motorcycles, boats, trailers or any other mechanical equipment is prohibited;
(3) Plant nursery or garden center with outside sales area;
(4) Eating or drinking establishments;
(5) Automobile wash and self-service automobile wash facility;
(6) Single-family dwellings, two- to four- family dwellings and townhouses or apartments, when planned and developed as a part of a combined business-residential complex and submitted as a unit;
(7) Hospital;
(8) Travel trailer park;
(9) Perimeter wall or fence which exceeds the height permitted by city regulations;
(11) Residential use when associated with and maintained primarily for the benefit and use of operators and families of the uses permitted in this district.
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage require- ments should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed, easement or joint use agreement for activities developed within a business complex.
(3) Front yard setback:
(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and
(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.
(4) Side yard setback: five feet; provided:
(a) A building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;
(b) Where a building is located on a corner lot:
1. The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;
2. The side yard setback for the property line abutting an arterial street: 25 feet or 75 feet from the centerline, whichever is greater;
3. The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater;
(c) Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.
(5) Rear yard setback:
(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Where the rear yard abuts an office, retail, or industrial district: ten feet;
(c) Where the rear yard abuts an agricultural or residential district: 20 feet; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.
(6) Minimum lot size, net: 7,000 square feet for a building site. Once constructed, a building may be divided into two or more ownerships or tenancies occupying less than 7,000 square feet in area.
(7) (a) Maximum building height: 35 feet.
(b) Additional height may be granted as a “use permitted on review” subject to the following considerations:
1. Structures shall be sprinkled throughout including storage and attic spaces;
2. All structures shall meet or exceed current fire codes; and
3. Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.
(8) Double frontage lots: where a lot has double frontage, the front yard setback requirement shall be applied to both frontages.
(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
(10) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(11) Sight-proof screening and lighting: whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof screen, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, all lighting shall be arranged so that no annoying glare is directed or reflected toward residential property.
(12) Code compliance required with conversion or upgrading of structures:
(a) An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use provided the following conditions are met:
1. Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;
2. Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and
3. The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.
(b) Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.
(2002 Code, § 154.042) (Ord. 486, passed 5-12-2003; Ord. 507, passed 3-8-2004; Ord. 697, passed 7-8-2013
; Ord. 879, passed 3-8-2021; Ord. 920, passed 8-8-2022)
(A) General description.
(1) This district is intended for the conduct of general business activity which serves not only the needs of the residents of the city or the immediate surrounding area, but also the population of the larger metropolitan area. Because the permitted uses may serve and employ persons from a larger trade area, the activities and traffic generated make this district the least compatible with residential development. The permitted uses require direct access to persons from the surrounding trade areas and are ideally located on highways and intersections of arterial streets. In order to maintain sound development and good community appearance, landscaping and off-street parking are required.
(2) This district is designed to replace the former “C-2” General Commercial, “C-3” Highway Commercial and “C-4” Heavy Commercial Districts. All properties formerly classified “C-2”, “C-3” and “C-4” on the Official Zoning Districts Map shall henceforth be classified “C-C-2”and be subject to the following district regulations.
(B) Permitted uses. Property and buildings shall be used only for the following purposes:
(1) Store or shop for retail or discount sales and rental, including auctions; outside display permitted, subject to the following:
(a) No merchandise shall be placed on public rights-of-way, required parking spaces, required landscape areas, or within a sight triangle; provided the City Council, after review and recommendation by the Planning Commission, may approve a limited time special community event or merchant promotion that uses public sidewalk or street right-of-way; and
(b) Merchandise or material not being actively offered for sale shall not be stored outside a building;
(2) Automotive-related facilities including, but not limited to, the following:
(a) Automobile, light truck, and trailer sales, rental, and service, new and used;
(b) Automobile service station;
(c) Car wash, self-service or automatic;
(d) General automobile repair, excluding auto salvage; and
(e) Boats and recreational vehicle sales;
(3) Appliance and small motor repair shop or similar contractor, outside storage of equipment and supplies prohibited;
(4) Eating, drinking, and recreation establishments as follows:
(a) Drive-in for food, non-alcoholic drink, or confection;
(b) Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part of alcoholic beverages for consumption on the premises;
(c) Catering facility; and
(d) Use restrictions: no uses listed above offering for sale or dispensing alcoholic beverages shall be located within 300 feet of any school, church, youth center, playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
1. The nearest property line of such prohibited use (single use, freestanding building or structure); and
2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure);
(5) Veterinary clinic/hospital; provided, there are no outside runs;
(6) Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium, health club facility, video game arcade;
(7) Hotel or motel;
(8) Funeral home;
(9) Reserved;
(10) Office building and related professional, administrative, corporate, financial and service office uses;
(11) Municipal buildings and facilities owned by the city or other public entity, including, but not limited to, City Hall, police and fire stations, library, public recreation, auditorium, community or neighborhood center, water wells, lift stations, or open space;
(12) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum net lot area of three acres;
(13) Any of the following educational or cultural uses:
(a) Art gallery;
(b) Assembly hall for non-profit corporation;
(c) Business college or school for vocational training, without dormitory facilities;
(d) Library;
(e) Museum;
(f) School for instruction in dance or music;
(g) Public or private school or college without dormitory facilities; and
(h) Theater for motion pictures or stage performances.
(14) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;
(15) Day care center;
(16) Off-street parking lot: subject to the requirements set forth in this chapter and all other applicable city regulations;
(17) Accessory buildings, structures, storage containers outside the building for temporary holding of merchandise, and uses customarily incidental to the uses listed in this section when located on the same lot;
(18) Accessory storage units for merchandise providing completely enclosed storage;
(19) Property owners’ association green space, meeting or recreation facility;
(20) Carports. Permitted in the rear yard subject to existing easements; accessory and non- accessory signs: subject to city sign regulations;
(21) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements; and
(22) On-premises residential quarters for a maintenance or security person and his or her family.
(C) Conditional uses. None authorized.
(D) Uses subject to review. The following uses may be permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Veterinary clinic/hospital or kennel with outside runs;
(2) Open air market, swap meet or flea market, both temporary and permanent;
(3) Construction or farm machinery, heavy truck or manufactured home sales and service with outside display; provided, the location can be shown to be located on, and have direct access to, an arterial street that is a designated state or federal highway;
(4) Eating or drinking establishments as follows:
(a) Nightclub or bar;
(b) Beer tavern;
(c) Use restrictions: no uses listed above shall be located within 300 feet of any school, church, youth center, playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
1. The nearest property line of such prohibited use (single use, freestanding building or structure); and
2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure);
(5) Bingo parlor or other gaming facility;
(6) Adult entertainment uses as follows:
(a) Adult amusement or entertainment;
(b) Adult bookstore/retail;
(c) Adult motion picture theater;
(d) Adult motion picture arcade;
(e) Massage establishment, parlor and provider (see also Ch. 119 of this code of ordinances);
(f) Sexual encounter center; and
(g) Development regulations for adult entertainment uses:
1. No use subject to review permits for an adult entertainment use shall be granted for any proposed location that is within a 1,000-foot radius of any other adult entertainment use;
2. No adult entertainment use shall be located within 500 feet of any church; public or private school which offers a compulsory educational curriculum; E-1, E-2, R-F-1, R-F-2, R-F-3, R-F-4, R-MH-1 or R-MH-2 zoning districts; or a public or private park;
3. All required distances shall begin at the property line of the proposed use and be measured to the nearest property line of the school, park, church, residentially zoned area or adult entertainment use;
4. Non-conforming use: any business that is in violation hereof shall be deemed a non-conforming use. Such use shall not in any manner be enlarged, extended, altered or rebuilt; except that, such use may be changed so as to comply with the requirements of this section. Such use is deemed nonconforming until such use shall terminate or come into compliance; and
5. Complying use: in the event that any two or more adult entertainment uses are located within 1,000 feet of each other, the adult entertainment use which shall have first been licensed or continually operated, shall be deemed to be the complying use. The person, firm, corporation or other entity responsible for the operation or management of the adult entertainment use shall have the responsibility of proving, by documented evidence, the date on which such adult entertainment use was first licensed or began continuous operation;
(7) Outside amusement or commercial recreation facility, including amusement park; and
(8) Mini warehouse, including outside fenced storage area for boats and recreational vehicles;
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage requirements should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed, easement or joint use agreement for activities developed within a business complex.
(3) Front yard setback:
(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and
(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.
(4) Side yard setback:
(a) Five feet; provided, a building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;
(b) Where a building is located on a corner lot:
1. The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;
2. The side yard setback for the property line abutting an arterial street: 25 feet or 75 feet from the centerline, whichever is greater; and
3. The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater.
(c) Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building, there shall be a side yard setback of 25 feet.
(5) Rear yard setback:
(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Where the rear yard abuts an office, retail, or industrial district: ten feet;
(c) Where the rear yard abuts an agricultural or residential district: 20 feet; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.
(6) Minimum lot size, net: 7,000 square feet for a building site. Once constructed, a building may be divided into two or more ownerships or tenancies occupying less than 7,000 square feet in area.
(7) (a) Maximum building height: 35 feet.
(b) Additional height may be granted as a “conditional use” subject to the following considerations:
1. Structures shall be sprinkled throughout including storage and attic spaces;
2. All structures shall meet or exceed current fire codes; and
3. Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.
(8) Double frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however that platted building lines shall take precedence if greater than the requirements of this district.
(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
(10) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(11) Sight-proof screening and lighting: whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof, ornamental screen, not less than six feet in height, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, the lighting shall be arranged so that no annoying glare is directed or reflected toward residential property.
(12) Code compliance required with conversion or upgrading of structures:
(a) An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use provided the following conditions are met:
1. Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;
2. Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and
3. The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.
(b) Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access, and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.
(2002 Code, § 154.043) (Ord. 486, passed 5-12-2003; Ord. 506, passed 2-9-2004; Ord. 697, passed 7-8-2013; Ord. 760, passed 3-9-2016; Ord. 879, passed 3-8-2021; Ord. 920, passed 8-8-2022; Ord. 923, passed 9-12-2022)
INDUSTRIAL ZONING DISTRICTS
(A) General description.
(1) This district is intended for the conduct of low impact manufacturing, warehousing, distribution and office activities and supporting commercial or public uses in areas where little or no nuisance effects are generated. Permitted industrial or manufacturing activities should be compatible with general wholesale and retail business activities, but this district is not considered compatible with residential activities or uses. The permitted industrial uses typically require good access to air and street transportation routes. No manufacturing, assembly, repair, work activity or storage, other than outside sales and display as permitted by this section, should take place outside the confines of an enclosed building.
(2) This district is intended to replace the former “I-1” Restricted Industrial District. All properties formerly classified “I-1” on the Official Zoning Districts Map shall henceforth be classified “I-R” and be subject to the following district regulations.
(B) Permitted uses. Property and buildings shall be used only for the following purposes:
(1) General warehouse, distribution center, bakery or other food preparation, or light manufacturing plant; provided, there shall be no outside storage of materials; no noise, smoke, dust or odor shall be emitted from the structure; and all manufacturing or assembling activity shall take place within the confines of a building;
(2) On-premises residential quarters on an industrial or commercial site for maintenance and security personnel and their families;
(3) Research laboratory;
(4) Appliance and small motor repair shop or similar contractor, excluding outside storage of equipment or supplies;
(5) Mini-warehouse, no outside storage;
(6) Store or shop for retail or discount sales and rental, including auctions; outside display permitted, subject to the following:
(a) No merchandise shall be placed on public rights-of-way, required parking spaces, required landscape areas, or within a sight triangle; provided the City Council, after review and recommendation by the Planning Commission, may approve a limited time special community event or merchant promotion that uses public sidewalk or street right-of-way; and
(b) Merchandise or material not being actively offered for sale shall not be stored outside a building.
(7) Automotive-related facilities including, but not limited to, the following:
(a) Automobile, light track, and trailer sales, rental, and service, new and used;
(b) Automobile service station;
(c) Car wash, self-service or automatic;
(d) General automobile repair, excluding auto salvage; and
(e) Boat and recreational vehicle sales.
(8) Eating, drinking and recreation establishments as follows:
(a) Drive-in for food, drink or confection;
(b) Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part or alcoholic beverages containing 3.2% or less of alcohol, for consumption on the premises;
(c) Catering facility; and
(d) Use restrictions: no uses listed above shall be located within 300 feet of any school, church, youth center or playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
1. The nearest property line of such prohibited use (single use, freestanding building or structure); and
2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure).
(9) Hotel or motel;
(10) Funeral home;
(11) Veterinary clinic/hospital; provided, there are no outside runs;
(12) Office building and related professional, administrative, corporate, financial and service office uses;
(13) Municipal buildings and facilities owned by the city or other public entity, including, but not limited to, City Hall, police and fire stations, library, public recreation, auditorium, community or neighborhood center, water wells, lift stations or open space;
(14) Off-street parking lot: subject to the requirements set forth in this chapter and all applicable city codes;
(15) Any of the following educational or cultural uses:
(a) Art gallery;
(b) Assembly hall for non-profit corporation;
(c) Business college or school for vocational training, without dormitory facilities;
(d) Library;
(e) Museum;
(f) School for instruction in dance or music;
(g) Public or private school or college without dormitory facilities; and
(h) Theater for motion pictures or stage performances.
(16) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;
(17) Day care center;
(18) Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium, health club facility;
(19) Carports. Permitted in the rear yard subject to existing easements;
(20) Accessory buildings, structures, storage containers outside the building for temporary holding of merchandise, and uses customarily incidental to the uses listed in this section when located on the same lot;
(21) Accessory and non-accessory signs: subject to city sign regulations;
(22) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements; and
(23)
On-premise residential quarters for a maintenance or security person and his or her family.
(24) Commercial marijuana growing facilities. Commercial marijuana growing facilities are hereby allowed within the corporate limits of the city under the following conditions:
(a) The facility must acquire a business license from the City Clerk. The license for
a commercial growing facility shall be $1,500 per year, or other amount as set periodically by Council resolution. This fee shall be used to offset municipal expenses covering costs related to licensing, inspection, and enforcement of regulations for commercial marijuana growing facilities. The license provide for herein shall run from July 1 to June 30 and the same will not be prorated for any license obtained after July 1 of any year.
(b) Location restrictions on commercial marijuana growing facilities.
1. A commercial marijuana growing facilities license will not be granted to any applicant where the proposed location would be located within 1,000 feet from any entrance of the proposed permitted location to any entrance of the following property location, including streets and alleys:
a. A private or public preschool, elementary, secondary, vocational or trade school, college or university;
b. In the event of an amendment or modification of current state law, either as to the number of feet or the manner in which the footage is measured. This division shall be likewise automatically amended to comply with state statutes.
c. The footage set forth herein shall supersede any footage restrictions in any other ordinance of the city.
2. The facility must be located only in the "I-R " Restricted Light Manufacturing and Warehouse District zoned area and shall be in an enclosed structure.
3. The facility shall have a chain link security fence at least six-feet in height with three strand barbed wire at the top and with limited access. The gates to the secure area must be locked at all times.
4. The facility must be constructed in such a manner that the growing of the marijuana plants cannot be seen by the public from a public right-of-way.
5. The growing area including any lighting, plumbing or electrical components used shall comply with all municipal building and fire codes. The growing area must be properly ventilated so as not to create humidity, mold or other related problems.
6. The applicant shall provide the city with site plans and security plans with the
application.
7. Growing marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor or vibration that is detrimental to public health, safety or welfare or interferes with the reasonable enjoyment of life and property.
8. Any violation of this section may result in the revocation of the commercial marijuana growing facilities license for a period of up to two years from the date of revocation. Determination of violations that result in revocation shall be made by the City Manager or his/her designee.
(C) Conditional uses. None listed.
(D) Uses subject to review. The following uses may be permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Mini-warehouse, including outside fenced storage area for boats and recreational vehicles;
(2) Construction or farm machinery or heavy truck sales, rental and service with outside display of vehicles offered for sale;
(3) Off-street parking or storage of trucks, tractors, trailers, construction equipment or any other equipment used off-site;
(4) Eating or drinking establishments as follows:
(a) Nightclub or bar;
(b) Beer tavern;
(c) Restaurant, café or banquet hall, which includes the dispensing of beverages composed in whole or in part containing more than 3.2% of alcohol, for consumption on the premises;
(d) Use restrictions: no uses listed above shall be located within 300 feet of any school, church, youth center or playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
1. The nearest property line of such prohibited use (single use, freestanding building or structure; and
2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure).
(e) Flea market or outdoor swap meet; and
(f) Outside amusement or commercial recreation facility, including amusement park.
(5) Bingo parlor or other gaming facility; and
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage requirements should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter, provided that in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed, easement or joint use agreement for activities developed within a business complex.
(3) Front yard setback:
(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and
(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.
(4) Side yard setback: five feet; provided:
(a) A building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;
(b) Where a building is located on a corner lot:
1. The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;
2. The side yard setback for the property line abutting an arterial street: 25 feet or 75 feet from the centerline, whichever is greater; and
3. The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater.
(c) Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.
(5) Rear yard setback:
(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Where the rear yard abuts an office, retell, or industrial district: ten feet;
(c) Where the rear yard abuts an agricultural or residential district: 20 feet; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a rear yard setback of 25 feet.
(6) Minimum lot size, net: 7,000 square feet for a building site. Once constructed, a building may be divided into two or more ownerships or tenancies occupying less than 7,000 square feet in area.
(7) (a) Maximum building height: 35 feet.
(b) Additional height may be granted as a “use permitted on review” subject to the following considerations:
1. Structures shall be sprinkled throughout including storage and attic spaces;
2. All structures shall meet or exceed current fire codes; and
3. Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.
(8) Double frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however, that, platted building lines shall take precedence if greater than the requirements of this district.
(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
(10) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(11) Sight-proof screening and lighting: whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof screen, not less than six feet in height, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, the lighting shall be arranged so that no annoying glare is directed or reflected toward residential property.
(12) Code compliance required with conversion or upgrading of structures:
(a) An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use provided the following conditions are met:
1. Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;
2. Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and
3. The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.
(b) Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.
(2002 Code, § 154.055) (Ord. 486, passed 5-12-2003; Ord. 506, passed 2-9-2004; Ord. 697, passed 7-8-2013; Ord. 857, passed 4-13-2020)
(A) General description.
(1) This district is intended for the conduct of light manufacturing, assembling and fabrication, and for warehousing, wholesale and service uses that generate relatively low levels of noise, odor, smoke, dust or intense light. The industrial uses permitted may require good access to air, rail or street transportation routes, but do not depend heavily on frequent personal visits of customers or clients. Provision is made for outdoor operations and storage. General commercial and office activity is also permitted, but residential uses are not provided for in this district.
(2) This is a new zoning district effective 5-12-2003.
(B) Permitted uses. All activity shall take place within an enclosed building, except as permitted in this chapter. Property and buildings shall be used only for the following purposes:
(1) General warehouse, distribution center, bakery or other food preparation, or manufacturing plant; provided that all manufacturing or assembling activity shall take place within the confines of a building and any smoke, dust or odor generated by from the activity is confined to the premises;
(2) Outdoor storage of raw material and products; provided, storage areas are separated by sight- proof screening a minimum of six feet in height from abutting streets or properties not classified I-R or I-H-2;
(3) On-premises residential quarters for maintenance or security personnel and families;
(4) Off-street parking or storage of trucks, tractors, trailers, construction equipment or any other equipment used off-site;
(5) Research laboratory;
(6) Mini-warehouse, including outside fenced storage area for boats, travel trailers, and recreational vehicles;
(7) Recycling, collection and processing facility;
(8) Electrical repair shop, machine shop or similar contractor;
(9) Automotive-related facilities including, but not limited to, the following:
(a) Automobile, light truck, and trailer sales, rental and service, new and used;
(b) Automobile service station;
(c) Car wash, self-service or automatic;
(d) General automobile repair, excluding auto salvage; and
(e) Boat and recreational vehicle sales.
(10) Store or shop for retail, discount or wholesale sales, service or rental;
(11) Outside sales and display, subject to the following:
(a) No merchandise shall be placed on public rights-of-way, required parking spaces, required landscape areas, or within a sight triangle; provided the City Council, after review and recommendation by the Planning Commission, may approve a limited time special community event or merchant promotion that uses public sidewalk or street right-of-way; and
(b) Merchandise or material not being actively offered for sale shall not be stored outside a building without being screened.
(12) Veterinary clinic/hospital, provided there are no outside runs within 100 feet of a residentially zoned property;
(13) Eating, drinking, and recreation establishments as follows:
(a) Drive-in for food, drink or confection;
(b) Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part of alcoholic beverages containing 3.2% or less of alcohol, for consumption on the premises;
(c) Catering facility; and
(d) Use restrictions: No uses listed above shall be located within 300 feet of any school, church, youth center or playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
1. The nearest property line of such prohibited use (single use, freestanding building or structure); and
2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure).
(14) Hotel or motel;
(15) Funeral home and/or cremating facility;
(16) Office building and related professional, administrative, corporate, financial and service office uses;
(17) Municipal buildings and facilities owned by the city or other public entity, including, but not limited to, City Hall, police and fire stations, library, public recreation, auditorium, community or neighborhood center, water wells, lift stations or open space;
(18) Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium, health club facility;
(19) Accessory buildings, structures, and uses customarily incidental to the uses listed in this section when located on the same lot;
(20) Off-street parking lot. Subject to the requirements set forth in this chapter and all applicable city codes;
(21) Any of the following educational or cultural uses:
(a) Art gallery;
(b) Assembly hall for non-profit corporation;
(c) Business college or school for vocational training, without dormitory facilities;
(d) Library;
(e) Museum;
(f) School for instruction in dance or music;
(g) Public or private school or college without dormitory facilities; and
(h) Theater for motion pictures or stage performances.
(22) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;
(23) Day care center;
(24) Carports. Permitted in the rear yard subject to existing easements;
(25) Accessory and non-accessory signs: subject to city sign regulations;
(26) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements; and
(27) On-premise residential quarters for a maintenance or security person and his or her family.
(C) Conditional uses. Construction or farm machinery or heavy truck sales and service with outside display of vehicles offered for sale, direct access to state highway required.
(D) Uses subject to review. The following uses may be permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Aboveground flammable liquid storage, restricted as follows:
(a) Minimum lot size: two and one-half acres;
(b) Tank location:
1. Unprotected tank: 100 feet from all property lines; and
2. Protected tank (certified by the state’s Fire Marshal): 50 feet from all property lines.
(c) No dispensing for on-site sale; fueling only permitted for vehicles owned by the owner of the tanks;
(d) Secondary containment required; and
(e) Site must be surrounded by minimum eight-foot chain link fence;
(2) Eating or drinking establishments as follows:
(a) Nightclub;
(b) Beer tavern;
(c) Restaurant, café or banquet hall, which includes the dispensing of beverages composed in whole or in part containing more than 3.2% of alcohol, for consumption on the premises; and
(d) Use restrictions: no uses listed above shall be located within 300 feet of any school, church, youth center or playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
1. The nearest property line of such prohibited use (single use, freestanding building or structure);
2. The closest exterior wall of the space occupied by the prohibited uses (multiple occupancy building or structure);
(3) Flea market or outdoor swap meet;
(4) Perimeter wall or fence which exceeds the height permitted by city regulations; and
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage require- ments should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed, easement or joint use agreement for activities developed within a business complex.
(3) Front yard setback:
(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and
(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.
(4) Side yard setback: five feet; provided:
(a) A building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;
(b) Where a building is located on a corner lot:
1. The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;
2. The side yard setback for the property line abutting an arterial street: 25 feet or 75 feet from the centerline, whichever is greater; and
3. The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater.
(c) Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.
(5) Rear yard setback:
(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Where the rear yard abuts an office, retail, or industrial district: ten feet;
(c) Where the rear yard abuts and agricultural or residential district: 20 feet; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there hall be a rear yard setback of 25 feet.
(6) Minimum lot size, net: 9,000 square feet for a building site. Once constructed, a building may be divided into two or more ownerships or tenancies occupying less than 9,000 square feet in area.
(7) (a) Maximum building height: 35 feet.
(b) Additional height may be granted as a “use permitted on review” subject to the following considerations:
1. Structures shall be sprinkled throughout including storage and attic spaces;
2. All structures shall meet or exceed current fire codes; and
3. Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.
(8) Double frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however that platted building lines shall take precedence if greater than the requirements of this district.
(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
(10) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(11) Sight-proof screening and lighting.
(12) Outside storage of materials is permitted; provided, areas where any products are stored rather than being actively offered for sale shall be sight-proof screened from view of any abutting street.
(13) Whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof, ornamental screen, not less than six feet in height, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, the lighting shall be arranged so that no annoying glare is directed or reflected toward residential properly.
(14) Code compliance required with conversion or upgrading of structures:
(a) An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use; provided, the following conditions are met:
1. Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;
2. Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and
3. The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.
(b) Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.
(2002 Code, § 154.056) (Ord. 486, passed 5-12-2003; Ord. 506, passed 2-9-2004; Ord. 697, passed 7-8-2013)
(A) General description.
(1) This district is intended to provide locations for those industrial uses which may generate relatively high levels of noise, vibrations, smoke, dust, odor or light. For this reason, they should be located downwind and as far away as possible from residential and most commercial uses.
(2) This district is intended to replace the former “I-2” Heavy Industrial District. All properties formerly classified “I-2” on the Official Zoning Districts Map shall henceforth be classified “I-H-2” and be subject to the following district regulations.
(B) Permitted uses. Except as may be specifically restricted in this chapter and section, property and buildings shall be used only for the following purposes:
(1) General warehouse, distribution center, bakery or other food preparation, or general manufacturing plant, except as specified below as uses subject to review;
(2) Construction or farm machinery or heavy truck manufacturing, sales, rental and service with outside display of vehicles offered for sale;
(3) Outdoor storage of raw material and products; provided, storage areas are separated by sight-proof screening a minimum of six feet in height from properties not classified I-1 or I-H-2 that have a common property line to the side or rear;
(4) On-premises residential quarters for maintenance or security personnel and families;
(5) Off-street parking or storage of trucks, tractors, trailers, construction equipment or any other equipment used off-site;
(6) Research laboratory;
(7) Mini-warehouse, including outside fenced storage area for boats, travel trailers and recreational vehicles;
(8) Recycling, collection and processing facility;
(9) Electrical repair shop, machine shop or similar contractor;
(10) Automotive-related facilities including, but not limited to, the following:
(a) Automobile, light truck and trailer sales, rental and service, new and used;
(b) Automobile service station;
(c) Car wash, self-service or automatic;
(d) General automobile repair, excluding auto salvage; and
(e) Boat and recreational vehicle sales.
(11) Store or shop for retail, discount or wholesale sales, service or rental;
(12) Outside sales and display, subject to the following: no merchandise shall be placed on public rights-of-way, required parking spaces, required landscape areas or within a sight triangle; provided, the City Council, after review and recommendation by the Planning Commission, may approve a limited time special community event or merchant promotion that uses public sidewalk or street right-of-way;
(13) Veterinary clinic/hospital; provided, there are no outside runs within 100 feet of a residentially zoned property;
(14) Eating, drinking and recreation establishments as follows:
(a) Drive-in for food, drink or confection;
(b) Restaurant, café or banquet hall, including the dispensing of beverages composed in whole or in part of alcoholic beverages containing 3.2% or less of alcohol, for consumption on the premises;
(c) Catering facility;
(d) Use restrictions: no uses listed above shall be located within 300 feet of any school, church, youth center or playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
1. The nearest property line of such prohibited use (single use, freestanding building or structure); and
2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure).
(15) Hotel or motel;
(16) Funeral home and/or cremating facility;
(17) Office building and related professional, administrative, corporate, financial and service office uses;
(18) Municipal buildings and facilities owned by the city or other public entity, including, but not limited to, City Hall, police and fire stations, library, public recreation, auditorium, community or neighborhood center, water wells, lift stations or open space;
(19) Recreational uses, including, but not limited to, bowling alley, skating rink, tennis court, gymnasium-health club facility;
(20) Accessory buildings, structures and uses customarily incidental to the uses listed in this section when located on the same lot;
(21) Off-street parking lot: subject to the requirements set forth in this chapter and all applicable city codes;
(22) Any of the following educational or cultural uses:
(a) Art gallery;
(b) Assembly hall for non-profit corporation;
(c) Business college or school for vocational training, without dormitory facilities;
(d) Library;
(e) Museum;
(f) School for instruction in dance or music;
(g) Public or private school or college without dormitory facilities; and
(h) Theater for motion pictures or stage performances.
(23) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;
(24) Day care center;
(25) Carports. Permitted in the rear yard subject to existing easements;
(26) Accessory and non-accessory signs: subject to city sign regulations;
(27) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements; and
(28) On-premises residential quarters for a maintenance or security person and his or her family.
(C) Conditional uses. Sale barn or livestock auction; provided that, no such facility may be located closer than 250 feet to a residentially zoned property.
(D) Uses subject to review. The following uses may be permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Power generating station;
(2) Petroleum products manufacture or storage;
(3) Portland cement concrete or asphalt batch plant;
(4) Salvage yard;
(5) Stockyards, loading pens, sale barns, feed lots and yards;
(6) Eating or drinking establishments as follows:
(a) Nightclub or bar;
(b) Beer tavern;
(c) Restaurant, café or banquet hall, which includes the dispensing of beverages composed in whole or in part containing more than 3.2% of alcohol, for consumption on the premises; and
(d) Use restrictions: no uses listed above shall be located within 300 feet of any school, church, youth center or playground, hospital or community or city property. The measurement of such distance shall be in a straight line from the nearest property line of the protected use to:
1. The nearest property line of such prohibited use (single use, freestanding building or structure); or
2. The closest exterior wall of the space occupied by the prohibited use (multiple occupancy building or structure).
(7) Flea market or outdoor swap meet;
(8) Outside amusement or commercial recreation facility, including amusement park;
(9) Bingo parlor or other gaming facility; and
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage require- ments should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed, easement or joint use agreement for activities developed within a business complex.
(3) Front yard setback:
(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and
(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.
(4) Side yard setback: five feet; provided:
(a) A building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;
(b) Where a building is located on a corner lot:
1. The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;
2. The side yard setback for the property line abutting an arterial street: 25 feet or 75 feet from the centerline, whichever is greater; and
3. The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater.
(c) Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.
(5) Rear yard setback:
(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Where the rear yard abuts an office, retail, or industrial district: ten feet;
(c) Where the rear yard abuts an agricultural or residential district: 20 feet; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a rear yard setback of 25 feet.
(6) Minimum lot size, net: 9,000 square feet for a building site. Once constructed, a building may be divided into two or more ownerships or tenancies occupying less than 9,000 square feet in area.
(7) (a) Maximum building height: 35 feet.
(b) Additional height may be granted as a “use permitted on review” subject to the following considerations:
1. Structures shall be sprinkled throughout including storage and attic spaces;
2. All structures shall meet or exceed current fire codes; and
3. Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.
(8) Double frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however, that, platted building lines shall take precedence if greater than the requirements of this district.
(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
(10) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(11) Sight-proof screening and lighting: whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof, ornamental screen, not less than six feet in height, shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, the lighting shall be arranged so that no annoying glare is directed or reflected toward residential property.
(12) Code compliance required with conversion or upgrading of structures:
(a) An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use provided the following conditions are met:
1. Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;
2. Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and
3. The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.
(b) 1. Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements.
2. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.
(2002 Code, § 154.057) (Ord. 486, passed 5-12-2003; Ord. 506, passed 2-9-2004; Ord. 697, passed 7-8-2013)
SPECIAL ZONING DISTRICTS
(A) General description. The Planned Unit Development District (PUD) is a special zoning district category that provides an alternate approach to conventional land use controls. The PUD process offers an opportunity for more creative solutions to redevelopment issues while at the same time requiring a proposal that conforms to the goals and policies of the city’s Comprehensive Plan. The PUD is subject to special review procedures, and once approved by the City Council it becomes a special zoning classification for the property it represents. Any proposed modification in the form of a change in zoning of a part of the PUD area constitutes a requirement to amend the entire PUD to accommodate the area being excluded.
(B) Intent and purpose.
(1) Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use of the project to assure compatibility with adjoining and neighborhood properties;
(2) Permit flexibility within the develop- ment to maximize the unique physical features of the particular site;
(3) Encourage efficient use and re-use of land, and facilitate economic arrangement of buildings and circulation systems;
(4) Achieve a continuity of function and design within the development that results in an economically feasible project which conforms to the Comprehensive Plan and is compatible with development patterns in the surrounding neighbor- hood; and
(5) Provide a tool for negotiating modifications in standard zoning district regulations in order to achieve innovative design solutions that will protect the health, safety and general welfare of the citizens.
(C) Planned unit development authorized.
(1) A PUD may be authorized by an amendment to the Official Zoning Districts Map after public hearings by the Planning Commission and City Council; provided, the PUD complies with the requirements contained herein.
(2) A PUD shall be considered a special zoning district, and it may be authorized for any use or combination of uses permitted.
(D) Planned unit development submission requirements.
(1) The developer of a PUD shall follow a four-step application and review procedure:
(a) Application for rezoning and submission of PUD master plan, including design statement and master development plan map;
(b) Preliminary plat, where required by the subdivision regulations, shall be submitted with the application for rezoning;
(c) Final plat, where required by the subdivision regulations; and
(d) Application for building permit and site plan review.
(2) Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted on divisions (D)(1)(c) and (D)(1)(d) above. The Planning Commission and City Council may, however, review more than one step at the same public hearing.
(E) Step 1 - planned unit development master plan. The basis for review and approval of a PUD is the master plan, which shall be adopted as a part of the ordinance of rezoning. The PUD master plan shall contain a design statement and a master development plan map that shall include, at a minimum, the following information:
(1) PUD design statement. The PUD design statement shall be a written report containing the following elements:
(a) Title of the PUD;
(b) List of the property owners and proposed developers;
(c) Specific location of the proposal, and a legal description of the property;
(d) Reference to the Comprehensive Plan policy for the subject property, including a map showing zoning and land uses within a minimum of 300 feet of the subject; and
(e) A description of the development proposal including:
1. Existing and proposed land uses;
2. Existing and proposed densities where housing is involved;
3. Existing and proposed points of access;
4. Drainage information, including a topographic map of the property with five-foot contours;
5. A description of building use types, proposed private restrictions, and typical site layouts;
6. A list of all special development regulations requested and/or the conventional zoning district regulations that will be applicable; and
7. A specific timetable for the development.
(2) Planned unit development master development plan map. The master development plan map shall be a graphic representation of the plan for the PUD area prepared at a scale of one inch equals 100 feet. It shall show, at a minimum, the following:
(a) The subject property and sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, including structures, streets and other physical features;
(b) Specific siting of planned buildings, parking, driveways, landscaping and open space, utility easements, setbacks and other specific information about the project;
(c) Detailed landscaping plans showing treatment of a minimum of 6% of the lot area, plus street right-of-way; and
(d) Any other pertinent information necessary for review, approval and administration of the PUD.
(3) Review and approval.
(a) The PUD application will be considered by the Planning Commission and City Council at public hearings in accordance with established review procedures for consideration of applications for rezoning. As a part of the city review, the Planning Commission or City Council may require additional information, including, but not limited to, the following: evidence of a market feasibility study; drainage study or other engineering data and plans; infrastructure improvements or dedication of necessary easements and rights-of-way; developer meetings with surrounding property owners; re-platting; building elevations; specific plat restrictions, covenants, height, use, setback or coverage requirements; creation of a property owners’ association; performance bond or other surety for required public improvements.
(b) Upon final approval by the City Council of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the Official Zoning Districts Map. The ordinance of rezoning shall adopt the PUD master plan and all supporting documentation by reference, and it shall become a part of the official records of the city.
(c) The PUD master plan shall control the development of the property, and all building permits shall be in accord with the plan until it is otherwise amended by the City Council. The developer shall furnish a reproducible copy of the master plan map at a scale of one inch equals 100 feet for signature by the Chair of the Planning Commission and the Mayor, with acknowledgment by the City Clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the City Clerk.
(F) Step 2 - preliminary plat. Upon submission of the PUD master plan and request for rezoning, the developer shall prepare a preliminary plat of the entire development area. Where a recorded plat for the entire area comprising the proposed PUD already exists, and where there will be no sale of lots which do not conform to the platted lot lines, the Planning Commission may waive the platting requirements.
(G) Step 3 - final plat. Where a subdivision plat has been required, the developer shall prepare a final plat, or plats in the case of sequential development, for review, approval and filling of record according to procedures established by the Planning Commission and City Council. In addition to these procedures the final plat shall include:
(1) Provisions for the ownership and maintenance of common open space. This open space may be dedicated to a private association or to the public; provided that, a dedication to the public shall not be accepted without the approval of the City Council;
(2) A homeowners’ or property owners’ association shall be created if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities, including private street drives, service and parking areas and recreation areas; and
(3) Covenants shall be submitted to reasonably ensure the continued compliance with the approved PUD master plan. If there is no plat required, then divisions (G)(1) and (G)(2) above shall be submitted and approved as part of the PUD master plan at the time of rezoning.
(H) Step 4 - building permit application and site plan review. A site plan for the area to be developed within the PUD shall be submitted with the application for a building permit and shall be reviewed by the Planning Commission and City Council for conformance with the standards established in the PUD master development plan. No building permit shall be issued by the city for the PUD area until these requirements have been met.
(I) Review, approval and administrative procedures.
(1) Steps 1, 2 and 3 of the PUD application process will be considered by the Planning Commission and City Council at public hearings in accordance with established review procedures for consideration of applications for rezoning and subdivisions. As a part of the city review, the Planning Commission or City Council may require additional information, including, but not limited to, the following: evidence of a market feasibility study; drainage study or other engineering data and plans; infrastructure improvements or dedication of necessary easements and rights-of-way; developer meetings with surrounding property owners; re-platting; building elevations; specific plat restrictions, covenants, height, use, setback or coverage requirements; creation of a property owners’ association; performance bond or other surety for required public improvements.
(2) Upon final approval by the City Council of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the Official Zoning Districts Map. The ordinance of rezoning shall adopt the PUD master plan and all supporting documentation by reference, and it shall become a part of the official records of the city.
(3) The PUD master plan shall control the development of the property, and all building permits shall be in accord with that plan until it is otherwise amended by the City Council. The developer shall furnish a reproducible copy of the master plan map at a scale of one inch equals 100 feet for signature by the Chair of the Planning Commission and the Mayor, with acknowledgment by the City Clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the City Clerk.
(4) No building permit shall be issued by the city for the PUD area until these requirements have been met.
(J) Abandonment or amendment.
(1) If the property owner determines to abandon the PUD zoning, he or she shall make application for rezoning either to the original status or to a new classification. The application shall be heard by the Planning Commission and City Council according to regular zoning change procedures.
(2) (a) An application for rezoning to change part of the area of a PUD to a different zoning district classification shall be considered an amendment of the original PUD. The Planning Commission shall review the commitments and provisions of the original PUD as approved to determine the impact of the new application on the PUD.
(b) The Planning Commission may require consideration of an amendment to the entire PUD as an element of the proposed zoning change.
(2002 Code, § 154.065) (Ord. 486, passed 5-12-2003; Ord. 917, passed 7-11-2022)
ADDITIONAL DISTRICT REGULATIONS
(A) Uses subject to review authorized. Certain uses are listed in individual zoning district regulations as uses subject to review because they may or may not be compatible with the surrounding land uses permitted in that district. In such cases the property owner shall make application, notice equal to the requirements for a special permit application described in this subchapter shall be given, and the Planning Commission shall hold a public hearing and make a recommendation to the City Council. The application shall be accompanied by a site development plan and other evidence to show why the application and development as proposed are compatible with the surrounding area. City Council action required is a resolution approving a use subject to review.
(B) Special permits authorized. If it is determined by the city that a proposed use has not been included within this chapter as a permitted use, conditional use or a use subject to review, a property owner may apply for issuance of a special permit by the City Council. Applications for special permits may be approved only after public hearings have been held thereon by the city’s Planning Commission and the City Council in the manner and subject to the same notice requirements as are applicable to amendments of this chapter and changes in the zoning district classification of a property. After hearing an application, the city’s Planning Commission shall promptly report its recommendation to the City Council. City Council action required is a resolution approving a special permit.
(C) Uses requiring a special permit. This chapter is intended to be inclusive enough to include all possible uses. However, if a use cannot be found in the use regulations of this chapter, or if it is listed below, a special permit is necessary before it can be permitted in the city. All applications for special permit shall be accompanied by a detailed site plan drawn to scale showing the nature of the activity and addressing the requirements established in this section.
(1) Injection and disposal wells of all types.
(a) Consideration should be given to access and safety factors and noise mitigation when the proposed operation is close to a residential area.
(b) Applicant shall provide evidence that the project is shall be in full compliance with all requirements of the code of ordinances of the city and the state and federal governments.
(2) Extraction of sand, gravel and other materials.
(a) Reclamation plan approved by relevant state and federal agencies shall be submitted with the application.
(b) Public roadways used by the operator shall be evaluated for potential wear and tear.
(3) Landfill: solid waste or construction materials.
(a) Reclamation plan approved by relevant state and federal agencies shall be submitted with the application.
(b) Public roadways used by the operator shall be evaluated for potential wear and tear.
(c) No landfill shall be located closer than 2,640 feet to any residential dwelling, school or place of public assembly without the written consent of all residents and owners of property within 2,640 feet of any boundary of the proposed site.
(d) No landfill shall be located within 100 feet of the centerline of an adjacent street, road, or highway; or 80 feet from any property lines, whichever is greater.
(e) No landfill shall be located within the front or side yard setback area established for the zoning district in which the landfill is located.
(f) A sight-proof fence shall be required on all sides.
(g) Maximum landfill height: 35 feet.
(h) The site and operation shall conform to all state and federal requirements, including, but not limited to, ground water protection, drainage and erosion.
(4) Gun range, rifle range or pistol range.
(a) Outdoor range shall not be located within 600 feet of a residence.
(b) Range area shall be completely fenced, have controlled access point and be posted.
(c) Site development plan shall be submitted and have review and recommendation for approval by Police and Fire Chiefs.
(5) Heliport or helicopter landing pad.
(a) The applicant shall submit record of approval by any relevant federal agencies prior to Planning Commission consideration of the application.
(b) Landing site shall be fenced to control access.
(6) Airport or landing strip serving more than two private airplanes. The operator shall demonstrate control of required safety zones bordering the runway to ensure public safety.
(7) Cemetery, mausoleum, crematorium or columbarium.
(a) A site plan for appropriate fencing, screening, landscaping, buffering or a combination hereof, shall be submitted for review and approval.
(8) Oil and/or gas wells.
(a) Review and approval for oil and/or gas wells shall be subject to, but not limited to, the requirements and provisions outlined within the current Ch. 113 of this code of ordinances and/or all subsequent amendments to those provisions; including, but not limited to, the recodification of those provisions to another chapter, subchapter, section or division within this code of ordinances relating to oil and gas drilling, as well as any subsequent codes relating to oil and gas exploration.
(b) A site plan, drawn to scale, shall be submitted with each application, with adequate information to determine the exact location of the drill site as well as ancillary and accessory uses and equipment to be used in conjunction with the drilling operation. The site plan shall, at a minimum, depict the access route to the drilling site; security fencing during the drilling operation as well as after the well is completed. The site plan shall show any proposed screening and beautification applications to be installed.
(c) In conducting the review and evaluating the appropriateness of the issuance of a special permit the matters considered shall include, but not be limited to, the following matters:
1. Consideration shall be given to existing uses of surrounding land and the appropriateness of oil and gas production within that setting;
2. Consideration shall be given to the environmental impact to the surrounding land and city;
3. a. Consideration shall be given to the form of fencing appropriate. Fencing shall be required in all instances and a site-screening plan shall be required unless a temporary exemption is granted as part of the special permit. Any temporary exemption shall be based upon the surrounding use being agricultural and upon any change in the adjacent use the fencing shall be modified to be site-screening and/or incorporate plantings to accomplish site-screening; and
b. The Planning Commis- sion shall review and determine the type of site screening fence, plantings or combination thereof, or recommend to the City Council the granting of a temporary exemption from site screening as part of their recommendation on the issuance of the special permit to the City Council at the time of their review of the special permit application. If a temporary exemption has been granted and there is a change in the adjacent use which terminates the temporary exemption, the Planning Commission shall review the application of the holder of the special permit for approval of a site screening plan and upon approval thereof authorize the issuance of an amended special permit eliminating the temporary exemption and incorporating the provisions for the approved site screening plan.
4. Consideration of the provisions for and potential impact of ingress and egress upon the city roadways and traffic safety;
5. Consideration of the site size provisions. Consideration shall be given to the setback provisions of § 113.21 of this code of ordinances; and
6. Any special permit issued by the city shall be in accordance with and shall incorporate the requirements of Ch. 113 of this code of ordinances. (Any reference in that chapter to conditional use shall not restrict or limit the application of the provisions of Ch. 113 of this code of ordinances to a special permit for extraction of oil and gas products.)
(2002 Code, § 154.070) (Ord. 486, passed 5-12-2003; Ord. 498, passed 10-13-2003; Ord. 523, passed 3-14-2005)
(A) General. Before a building permit for use of a wind energy conversion system in any allowable zoning district may be issued, all requirements of this section must be met. These provisions shall also supplement any use permitted on review or special permit provisions of this code.
(B) Building permit application documentation.
(1) For wind energy conversion systems that will be interconnected to a utility grid, no permit shall be issued by the city until an executed contract with a utility company to permit such an interconnection is provided to the city.
(2) Plot plan drawn in sufficient detail to clearly describe the following:
(a) Property lines and physical dimensions of the site;
(b) Location, approximate dimensions, and types of major existing structures and uses on site;
(c) Location and elevation of the proposed wind energy conversion system;
(d) Location of all above-ground utility lines on-site or within a radius equal to the total height of the wind energy conversion system;
(e) Location and size of structures and trees over 35 feet in height, which are within a 500-foot radius of the proposed wind energy conversion system; for purposes of this requirement, electrical transmission and distribution lines, antennas, and slender or open lattice towers are not considered structures; and
(f) The zoning designation of immediate and adjacent sites.
(3) Standard drawings of the structural components of the wind energy conversion system, including support structure, tower, base and footings.
(4) A line drawing identifying electrical components of the system to be installed, in sufficient detail to allow for a determination that the manner of installation conforms to the city’s Electrical Code.
(5) All plans and drawings shall be certified by a registered professional engineer as to conformance with all applicable statutes, codes and ordinances.
(a) Equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(b) Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a registered professional engineer for compliance all applicable regulations and good engineering practices.
(C) Safety devices required at installation.
(1) Manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. A registered professional engineer shall certify that the rotor, over speed controls and tower structure have been designed and fabricated for the proposed use in accordance with good engineering practices.
(2) Anchor points for guy wires for the wind energy conversion system tower shall be located within property lines and not on or across any above-ground electric transmission distribution line. The point of ground attachment for the guy wires shall be enclosed by a six-foot fence, and the wind energy conversion system shall be set back from the property line a distance equal to the total height of the wind energy conversion system.
(3) Towers should have either a tower- climbing apparatus located no closer than 12 feet from the ground, a locked anti-climb device installed on the tower, or the tower shall be completely enclosed by a locked, protective fence at least six feet high.
(4) At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.
(D) Operation standards.
(1) The system shall meet all municipal noise requirements.
(2) No disruptive electromagnetic interference is permitted. Evidence of harmful interference shall be cause for the city to require immediate mitigation or cessation of operation until the interference is corrected to the satisfaction of the city.
(3) Minimum height of the lowest part of the system operating elements such as rotors, shall be 30 feet above the highest existing major structure or any tree within a 250-foot radius. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open-lattice towers shall not be considered structures.
(E) Maintenance and insurance requirements.
(1) The city shall reserve the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system or the property owner of the system site.
(2) A wind energy conversion system which has not been operated during any 365-day period shall be deemed a potential safety hazard and is subject to citation as a nuisance after notice and legal notice public hearing by the City Council to the owner or operator of the device. Declaration of a nuisance will cause the owner, or the city in absence of the owner, to remove the system at the system owner’s or property owner’s expense.
(3) The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. The policy shall provide a minimum of $50,000 property and personal liability coverage.
(2002 Code, § 154.071) (Ord. 486, passed 5-12-2003)
(A) General description.
(1) It is the intent of this section to establish minimum standards for location, siting and regulation of communications towers and antennas in order to:
(a) Minimize adverse visual effects of towers through careful design, siting and vegetative screening;
(b) Avoid potential damage to adjacent properties from tower failure and falling objects through engineering and careful siting of tower structures;
(c) Allow for reasonable location and use for communications towers and antennas; and
(d) Address adverse effects on human health and safety.
(2) These regulations shall be applied and interpreted in a non-discriminatory manner to facilitate the development of communications services for the benefit of the citizens of the community. As specified herein, certain facilities shall require a special permit prior to installation.
(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. A device for receiving and/or transmitting electronic data or telephone communications. This definition excludes lightning rods and whip antennas which do not exceed five inches in diameter.
ANTENNA ARRAY. A structure attached to a communications tower that supports one or more antennas.
AT-GRADE DISH ANTENNA. A non-whip antenna anchored to a pedestal that is anchored to a concrete footing or a slab situated at the grade level of the lot on which it is placed; not attached to a building.
CO-LOCATION. Placement of wireless communications equipment from more than one provider on a single site.
COMMUNICATIONS TOWER. A structure, including lattice towers, guyed towers, and monopole towers, that is designed and constructed primarily for the purpose of supporting one or more antennas. The term includes radio and transmission towers, microwave towers, common-carrier towers, wireless telephone towers, alternative tower structures and the like.
DISH ANTENNA. A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called MICROWAVE ANTENNA, MICROWAVE DISH ANTENNA or SATELLITE DISH ANTENNA, and classified as a non-whip antenna for the purpose of these regulations.
GUYED TOWER. A tower which requires the use of flexible guying cables or wires as the only or principal means of resisting the designed tower loads.
LATTICE TOWER. A self supporting three- or four-sided, open steel frame structure, used to support telecommunications equipment.
MONOPOLE. Also known as SELF-SUPPORTING TOWER; a communications tower consisting of a single pole, with no guy wire support or exposed anchors, tapering from base to top, more than 35 feet in height, and designed to support communications equipment.
NON-WHIP ANTENNA. Any antenna which is not a whip antenna, such as a dish antenna, panel antenna, and the like.
PANEL ANTENNA. Also known as SECTOR ANTENNA; an antenna that transmits signals in specific directions, is typically square or rectangular in shape, and is classified as a non-whip antenna for the purpose of these regulations.
ROOF AND/OR BUILDING MOUNTED FACILITY. A low power wireless communications facility in which antennas are mounted to an existing structure on the roof, including rooftop appurtenances, and a building face.
TELECOMMUNICATIONS SERVICE. The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
WHIP ANTENNA. An omni-directional dipole antenna of cylindrical shape which is no more than six inches in diameter.
(C) Communications devices subject to a special permit in general.
(1) It is the intent of this division to establish special permit requirements for the location of communications towers and antennas which: provide service for wireless telephones; provide for the needs of commercial broadcasters; and establish standards for large private communications devices serving as an accessory to a business located on the same property as the primary use. Because the city is a developing community with extensive open spaces, it is essential to promote public safety and preserve public and private neighborhood assets by limiting the height and location of these facilities to minimize their impact on present and future adjacent land uses. Therefore, wireless telephone systems and commercial broadcasters are encouraged to locate communications devices on existing towers and non-residential structures; and other location requirements are established to serve as minimum standards for consideration during the special permit review process.
(2) The following communications devices are permitted subject to the special permit regulations of this chapter and the specific requirements listed in this section.
(a) Communications tower, subject to the following requirements:
1. Location requirements. To be eligible for a special permit for construction of a communications tower, a site must be located on property that is:
a. Classified in an office, retail commercial or industrial zoning district; or
b. In a residential zoned district where there are no residential uses with a property line within 300 feet of the base of the tower; or
c. Owned by the city.
2. Height requirements. Com- munications towers shall be subject to all height limitations related to airport environs and flight safety; plus the following zoning district standards, whichever are the most restrictive:
a. Agricultural and industrial zoning districts: maximum height is subject to spacing and height requirements of this section and other applicable city codes;
b. Retail commercial zoning districts and municipally owned property: maximum height of 150 feet; and
c. All other permitted zoning districts: maximum height of 80 feet.
3. Spacing requirements.
a. A site for a new telecommunications tower taller than 80 feet in height shall be located a minimum distance of one-half mile from another telecommunications tower, including towers located outside the corporate limits of the city.
b. A site for a new telecommunications tower that exceeds 35 feet in height shall be located a minimum distance of one- fourth mile from another telecommunications tower, including towers located outside the corporate limits of the city.
4. Setback requirements.
a. Except as provided in the location requirements above, all towers shall be located so as to provide a minimum distance equal to 125% of the height of the tower from the tower base to the property line of a residential use.
b. All tower sites shall observe a minimum setback from their boundary fence to any abutting street right-of-way of 25 feet.
c. All guys and guy anchors shall be located within the buildable area of the lot; not within the front, rear, or side yard setbacks; and no closer than five feet to any property line.
5. Co-location.
a. All towers over a height of 70 feet shall be designed and constructed so they may be utilized by two or more wireless communications providers.
b. An applicant for a special permit for a new tower shall provide evidence of a good faith effort to negotiate location of this communications device on an existing tower or eligible structure and evidence that all such possibilities have been exhausted.
6. Monopole tower required. All towers in residential and office zoned areas shall be of monopole construction.
a. Site improvements, screening:
(i) Fencing: a fence, not less than eight feet in height from finished grade, shall be installed around the tower site with access through a locked gate.
(ii) Landscaping: All tower sites shall be landscaped to minimize their visual impact. The special permit review process shall include a Planning Commission recommendation and City Council determination that the landscaping plan is appropriate for the site. The following minimum landscaping requirements shall be met:
(iii) A detailed landscaping plan shall be submitted as a part of the special permit application.
(iv) Priority should be given to sites which can be hidden within a grove of established trees. In addition, or where such a location is not possible, the site shaft be landscaped as follows:
b. Retail commercial zoned areas: The required fence shall be covered with evergreen vines or shrubs.
c. All other zoning districts: Non-deciduous trees, at least six feet in height, shall be planted on ten-foot centers on the outside of the fence on all sides of the site.
d. In addition, the entire tower site, including parking and access drive, shall be included in the landscaping plan and improve- ments.
7. Lighting restrictions. No signals or warning lights shall be permitted on any tower unless required by a municipal, state or federal agency.
8. Advertising and sign restrictions. No commercial advertising or signage shall be allowed on any tower.
(b) At-grade dish antenna or antennas, with a diameter exceeding two meters, subject to the following requirements.
1. Location requirements. Properties eligible for consideration for a special permit for location of these antennas shall include appropriately zoned retail commercial, office and institutional or not-for-profit developments. Because of the lower height profile possible with these devices, municipal-owned properties may also be considered suitable for location of one or more of these antennas.
2. Height requirements. Maximum height of equipment and antennas: ten feet.
3. Setback requirements.
a. All antenna sites in this category shall observe a minimum setback of 25 feet from the site boundary fence to any abutting street right-of-way;
b. No antenna site shall be located within a setback area established by plat, deed restrictions, or zoning regulations;
c. Fencing:
(i) A fence, not less than eight feet in height from finished grade, shall be installed around the antenna site with access through a locked gate. In addition, sight-proof screening as described below shall be installed and maintained:
(ii) Sight-proof screening and landscaping:
A. All at-grade antennas shall be screened by an opaque fence and decorative planting so the equipment is not visible from any street or pedestrian way.
B. In addition, the entire antenna site, including parking, shall be included in the landscaping plan for the installation, to be presented as a part of the application.
(c) Antenna or antenna array located within a structure as an architectural element:
1. Location requirements.
a. Properties eligible for consideration for a special permit for location of such antenna or antenna array shall include municipal owned sites and appropriately zoned retail commercial, office and institutional or not-for-profit developments.
b. Antenna placement shall be within the framework of an architectural element of an existing or proposed structure, including, but not necessarily limited to, church steeple, bell tower, arch or clock tower.
c. Design: Consideration should be given to the ability of the applicant to integrate the design and location of the device into the design of the existing structure with the objective of rendering the device indistinguishable as an antenna.
2. Height and overall size. No element of the antenna shall be extended above the height, or outside the confines, of the structure of which it is a part.
(D) Communication devices permitted by right. The following communications devices do not require a special permit and may be installed if they meet all requirements of this division (D) and this chapter; provided that, a building permit shall be required when there are structural modifications required for the installation of the device.
(1) These are intended solely for the non-commercial use of a residential property owner, including, but not necessarily limited to, a monopole, dish antenna two meters or less in diameter, and whip antenna. These devices shall be considered as accessory uses subject to plat and deed restrictions and the following requirements:
(a) Maximum height:
1. Freestanding monopole or whip antenna: the height limit of the zoning district or the plat restrictions, whichever is the lesser; and
2. Building mounted whip or dish antenna: the height limit of the zoning district or the plat restrictions, whichever is the lesser.
(b) Setbacks:
1. The communications device, and any guys and guy wires, shall be located within the buildable area of the lot as follows;
2. No communications device shall be located in front of the main building; and
3. No communications device shall be located within in the required front, side or rear yard setbacks, and no closer than five feet to any property line, whichever is greater.
(c) Building permit: installation of a monopole and any at-grade antenna on a residential lot shall require a building permit. Whip and non-whip antennas attached to a building shall not require a building permit unless there is a structural modification or alteration making the installation subject to building code requirements.
(d) Additional devices: no more than one such device shall be permitted on a residential property by right. Additional devices shall require application and public hearing procedures for a special permit.
(e) All devices shall be subject to all federal and state communications regulations.
(2) Installation and replacement of antennas and antenna arrays on existing communications towers or to install additional antennas and antenna arrays on existing towers or suitable facilities rather than add new sites;
(3) Antennas and antenna arrays may be installed or replaced in all zoning districts, without further zoning or special permit proceedings, on existing utility, lighting, communications towers, and sign structures. In addition, an existing structure may be rebuilt in all zoning districts without further zoning or special permit proceedings; provided, all of the following requirements are met:
(a) Construction is necessary to enable the tower to support the load of the new antennas or to replace all or part of an obsolete tower;
(b) The rebuilt tower is substantially similar in appearance to the structure it replaces;
(c) The only permitted height increase is the installation of a whip antenna which shall not increase the overall height of the structure by more than 20 feet. Any other height addition shall require a special permit;
(d) There is no increase in the size of the site;
(e) There is no reduction in original required landscape improvements;
(f) There is no addition in land area, structures, ground equipment or parking;
(g) Regardless of special permit application requirements, any structural change or be subject to city building permit requirements. In addition, the City Manager shall have the authority to require a certification letter, signed and sealed by a registered professional engineer, confirming that the addition, change or modification conforms to structural wind load and all other requirements of applicable city codes;
(h) Placement of roof and/or building- mounted whip antennas, dish antennas of two meters or less in diameter, and other non-whip antennas, on non-residential structures and multiple-family residential structures, subject to the following:
1. A non-whip antenna shall not exceed the height of the building by more than ten feet and shall not intrude into any required building setback area; and
2. A whip antenna shall not exceed the height of the building by more than 20 feet and shall be located no closer than five feet to the perimeter of the building.
(i) Regardless of special permit application requirements, any structural change or modification shall be subject to city building permit requirements. In addition, the Public Works Director shall have the authority to require a certification letter, signed and sealed by a registered professional engineer, confirming that the addition, change, or modification conforms to structural wind load and all other requirements of applicable city codes;
(j) Inspection, removal and identification;
(k) Inspection requirements;
(l) The tower owner shall inspect the tower at least once every 36 months for compliance with all applicable Federal Communications Commission and Federal Aviation Administration regulations and provide a summary report to the Public Works Director;
(m) Compliance records shall be kept by the owners of all communications devices, except residential accessory antennas, and made available upon request to the Public Works Director, or the Director’s designee, during regular business hours;
(n) Any notice of violation shall be provided to the City Manager within seven days of receipt by the tower owner;
(o) The city may, at its discretion or by complaint, inspect any communications device within its jurisdiction; require an inspection if there is visible damage to a tower or antenna that appears to be significant; or, when an inspection has been conducted, significant questions remain about the structural integrity of the tower or antenna;
(p) Removal of structurally unsafe or unused towers and antennas;
(q) Failure to maintain and operate a tower or antenna in compliance with all rules and regulations of local, state, and federal jurisdictions shall be grounds for declaration of the structure as a nuisance by the city;
(r) Any tower or antenna that is no longer used and maintained as a communications device for a period of 36 months, or which has no current required licenses, shall be subject to declaration as a nuisance by the city and removed by the owner; and
(s) Identification signs required. Appropriate signs shall be posted at all communications sites requiring security fencing to indicate that trespassing and/or vandalism to the property may be punishable under local, state or federal statutes.
(2002 Code, § 154.072) (Ord. 486, passed 5-12-2003; Ord. 515, passed 5-10-2004)
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