§ 163.327 GENERAL CONDITIONS.
   (A)   Relationship to county, state and federal ordinances. The provisions of this section are the minimal requirements. This section is to be applied in conjunction with all other applicable governmental statutes, ordinances, codes and regulations. More restrictive federal, state or county regulations or standards prevail over the provisions of this section.
   (B)   Conformity of structures with ordinance. A structure or part thereof may not be erected, constructed, reconstructed, moved or structurally altered and land may not change in use, unless in conformity with this section.
   (C)   Dwellings and lot area requirements. In each zoning district, each building must be on a lot of the area specified in this section.
   (D)   Heights of structures that exceed limits. In zoning districts where the following structures are permitted, heights may exceed limits set forth elsewhere, but only after approval of the Planning Commission:
      (1)   Flag poles;
      (2)   Chimneys or smokestacks;
      (3)   Lookout towers;
      (4)   Windmills and wind generators;
      (5)   Water towers;
      (6)   Church spires, belfries or domes;
      (7)   Elevator lags;
      (8)   Cooling towers;
      (9)   Electric transmission lines;
      (10)   Agricultural buildings; and
      (11)   Monuments.
   (E)   Refuse.
      (1)   In all districts, waste material, debris, refuse, or garbage must be kept in a closed container or building properly designed for such purposes, with the exception of crop residue. The owner of vacant land is responsible for keeping the land free of refuse. Uses must comply with this provision within six months following the effective date of this section.
      (2)   (a)   Passenger or recreational vehicles, trucks, or boats in an inoperative state may not be parked in residential districts for a period exceeding seven days. INOPERATIVE means incapable of movement under its own power and in need of repairs.
         (b)   Other passenger vehicles must be currently licensed. In residential districts, one inoperable car may be stored in the rear yard if covered by opaque material.
         (c)   Exterior storage material not included as a permitted use, accessory use or conditional use, or otherwise permitted by provisions of this section, is considered refuse.
      (3)   Lots must be maintained in a reasonable manner with the grass cut on a regular basis and noxious weeds controlled.
   (F)   Relocating structures.
      (1)   A building permit is required for permanent relocations of structures. Construction sheds and other temporary accessory structures to be located on a lot for less than six months, do not require a permit. Accessory structures may not be used for human habitation.
      (2)   For relocation of structures requiring a permit, the applicant must submit photographs showing all sides of the structure to be moved and proposed site plan of the lot on which the structure is to be located. A map is required indicating location of surrounding lots and structures. The structure to be relocated must be compatible with structures and uses on surrounding lots.
   (G)   Satellite dishes. Satellite dishes are permitted in all districts. A building permit is required. District set-backs must be met in placement of dishes. Dishes may not exceed 35 feet in height.
   (H)   Bulk storage.
      (1)   Uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids require a conditional use permit in order that the City Council may have assurance that fire, explosion or water or soil contamination hazards are no present that would be detrimental to the public health, safety and general welfare. Existing, aboveground, liquid storage tanks having a capacity in excess of 10,000 gallons must secure a conditional use permit within 12 months following the effective date of this section.
      (2)   Diking around tanks is required. Diking must be suitably sealed and hold a leakage capacity equal to 115% of the tank capacity. An existing storage tank that, in the opinion of the City Council, constitutes a hazard to the public safety must discontinue operations within one year following the effective date of this section.
   (I)   Dwelling units; certificates of.
      (1)   A basement, garage, tent, trailer, recreational vehicle or accessory building may not be used as a permanent dwelling.
      (2)   The basement portion of the finished home or apartment may be used for normal eating and sleeping purposes provided it is properly damp-proofed, has suitable fire protection and exits, and is otherwise approved by the Building Official.
      (3)   A building or structure erected or moved, or that portion of an existing structure or building erected or moved may not be occupied or used in whole or in part until a certificate of occupancy has been issued by the Building Official that the building or structure complies with all of the provisions within this action.
      (4)   The certificate of occupancy must be applied for at the same time as the application for a building permit, conditional, use permit or variance and must be issued within ten days after the Building Official the building or structure satisfactory and gives final inspection.
   (J)   Recreational vehicles. The parking or storing of recreational vehicles outside of an enclosed building or structure in the Traditional Residential, Suburban Residential, and Residential Planned Unit Development (RU-PUD) districts is prohibited, except as hereafter provided.
      (1)   No more than two recreational vehicles may be stored or parked outside upon a lot.
      (2)   (a)   Recreational vehicles not greater than 12 feet in height may be parked or stored on:
            1.   The part of a front yard of a lot occupied by a driveway, provided that no part of the recreational vehicle may be closer than 15 feet from the traveled portion of a street;
            2.   The part of a side yard or rear yard of a lot not situated within ten feet of a lot line; or
            3.   The part of a side yard within 10 feet of a lot line which is occupied by a driveway, is not within 15 feet of the traveled portion of a street, and is not within any drainage and utility easement. The recreational vehicle must be screened from the neighboring property and any public street by either a fence or live plantings. If a fence is used, it must screen the maximum amount of the vehicle possible while meeting other requirements of the City Code, such as maximum height. If live plantings are used, they must screen a minimum of 50% of the length and 50% of the height of the recreational vehicle at the time of planting. Plants must screen the entire length and height of the recreational vehicle at full maturity. Screening requirements may be waived by the City Administrator/Clerk-Treasurer with the written consent of the owner(s) of the property adjacent to the location of the recreational vehicle. When a waiver is requested for storage on a side yard that is adjacent to a public street, city staff shall determine if screening is required.
         (b)   In addition to the general 12-foot height permitted, minor portions of accessory equipment not exceeding square feet in vertical cross-section as viewed from the adjacent lot line is permitted.
      (3)   Recreational vehicles parked or stored outside for a period in excess of 14 days must be owned by a person residing on the lot.
      (4)   All recreational vehicles parked or stored, outside must be in a safe, operable condition and exhibit current license or registration plates or tags if the vehicle is one for which a license or registration plate or tag is required by law for its operation.
      (5)   No recreational vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored in the Traditional Residential, Suburban Residential, and Residential Planned Unit Development District (M-PUD) District.
      (6)   A recreational vehicle must not be parked or stored over or upon a bikeway, pathway or sidewalk.
      (7)   No recreational vehicle shall be parked on a public street longer than 72 consecutive hours without being moved. The total number of days a recreational vehicle may be parked on a public street shall not exceed six days per month.
      (8)   Recreational vehicles being stored on property in accordance with this subdivision may only be connected to electricity or water for no more than seven consecutive days and only for purposes of maintaining the vehicle or preparing it for travel.
(Ord. passed - -2002; Ord. 2008-11, passed - -2008; Ord. 2013-03, passed 10-16-2013; Ord. 2015-04, passed 8-29-2015)