§ 156.022 STANDARDS FOR THE KEEPING OF HORSES.

   When a person submits an application for the keeping of a horse(s), he or she must conform to the following standards:

   (A)   This special use permit is issued to the person owning the parcel. It does not run with the land itself;

   (B)   The keeping of horses is for recreational purposes only. The parcel on which the horses are to be kept must be a minimum of five acres in size, the density of horses per parcel cannot be more than one horse per one and one-half acres. No boarding of horses is permitted;

   (C)   The parcel on which horses are kept must be fenced to provide adequate protection for public health and safety, including prevention of entering, or polluting, of public waters; and

   (D)   The management of manure shall be in a way to prevent accumulation, odor, and runoff into public waters, and general problems of health and safety.

(Prior Code, § 11.70)

§ 156.023 EXCEPTIONS TO HEIGHT REGULATIONS.

   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts or aerials, and necessary mechanical appurtenances are hereby exempt from the height regulations of this chapter, and may be erected in accordance with other regulations, or city code provisions.

(Prior Code, § 11.70)

§ 156.024 PERMITTED YARD ENCROACHMENTS.

   The following shall be considered as permitted encroachments on setback requirements, except as provided elsewhere in this chapter:

   (A)   In any yard. Posts, off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, open canopies, steps, chimneys, flag poles, ornamental features, open fire escapes, sidewalks and fences, and all other similar devices incidental to the principal structure, except as hereinafter amended; and

   (B)   In front yards. A deck, or unenclosed porch, may extend up to six feet into the front yard setback area.

(Prior Code, § 11.70)

§ 156.025 TRAFFIC CONTROL AND SIGHT DISTANCE.

   (A)   Intersection with traffic controls. On any corner lot at a street intersection which has some form of traffic control (stop or yield signs), there shall be no obstruction to traffic visibility within the clear sight triangle, which is formed by the intersection of the centerline of two intersection streets and a straight line joining the two centerlines at points 55 feet distance from their point of intersection.

   (B)   Intersections without traffic controls. On any corner lot, in all districts, at a street intersection which does not have any form of traffic control, there shall be no obstruction to the traffic visibility within the clear sight triangle, which is formed by the intersection of the centerline of the two intersecting streets, and a straight line joining the two centerlines at points a given number of feet distant from their points of intersection. The distances from the points of intersection are specified in the following table for various speeds in miles per of enforced speed limit:

 

Miles per Hour	Distance Measurement
30	88 feet
40	120 feet
50	156 feet
55	174 feet

 

(Prior Code, § 11.70)

§ 156.026 NUISANCES.

   (A)   No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat glare, dust, or other adverse influences, shall be permitted in any district that will, in any way, have an objectionable effect upon adjacent, or nearby, property. All wastes in all districts shall be disposed of in a manner that is not dangerous to the public health and safety, nor will damage public waste transmission or disposal facilities.

   (B)   The following standards apply.

      (1)   Noise prohibited. It shall be unlawful to make, continue, or cause to be made, or continued, any noise in excess of the noise levels set forth, unless noise is reasonably to the preservation of life, health, safety, or property.

      (2)   Measure of noise. Any activity not expressly exempted by this section which creates, or produces, sound regardless of frequency exceeding the ambient noise levels at the property lines of any property by more than six decibels above the ambient noise levels, as designated in the following table, at the time, and place, and for the duration then mentioned, shall be deemed to be a violation of this chapter.

         (a)   Residential District standards:

 

Duration of Sound	From 9:00 p.m. to 7:00 a.m.
Less than ten minutes	40 db
Ten minutes to two hours	45 db
Two hours or more	40 db

 

         (b)   Industrial District standards:

Frequency Band Cycles per Second	Maximum Permitted Sound Level
20 to 75	72 db
75 to 150	67 db
150 to 300	59 db
300 to 600	52 db
600 to 1,200	46 db
1,200 to 2,400	40 db
2,400 to 4,800	34 db
4,800 or higher	32 db

 

   (C)   Odors. In an industrial district, no odors shall be detectable beyond the limits of the property.

   (D)   Vibration. In an industrial district, no vibration shall be discernible at any property line to the human sense of feeling for an accumulated total of three, or more, minutes during any hour.

   (E)   Toxic, or noxious, matter. Any use shall be so operated so as not to discharge across the boundaries of any lot, or through percolation into the atmosphere of the subsoil beyond the boundaries of the lot wherein the use is located, toxic, or noxious, matter in such concentration as to be detrimental to, or endanger, the public health, safety, comfort, or welfare, or cause injury, or damage, to the property or business. All MPCA regulations relating to toxic, or noxious, matter shall be followed.

   (F)   Air pollution. Any use shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to, or shall endanger, the public health, safety, comfort, or general welfare of the public. For the purpose of this chapter, the regulations and standards adopted by the State Pollution Control Agency shall be employed.

   (G)   Glare. In all districts, any lighting used to illuminate an off-street parking area, sign, or other structure, shall be arranged so as to deflect light away from any adjoining residential zone, or from the public streets. Direct, or sky-reflected, glare, whether from flood lights or from high temperature processes, such as combustion or welding, shall be hooded, or controlled in some manner, so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property, or public right-of-way. Any light, or combination of lights, which cast light on a public street shall not exceed one foot-candle (meter reading), as measured from the centerline of the street. Any light, or combination of lights, which cast light on a residential property shall not exceed 0.4 foot-candles (meter reading) as measured from the property.

   (H)   Miscellaneous nuisances.

      (1)   Inoperative passenger vehicles and trucks. Passenger vehicles and trucks in an inoperative state shall not be parked in residential districts for a period exceeding 14 days, unless they are completely enclosed within a building.

      (2)   Junkyard. No person may create, or maintain, a junkyard, or a vehicle dismantling yard, except as provided in this chapter.

      (3)   Nuisances affecting public health or safety. The following are declared to be nuisances affecting public health or safety:

         (a)   The effluence from any cesspool, septic tank, drainfield, or human sewage disposal system discharging upon the surface of the ground, or dumping the contents thereof at any place except as authorized;

         (b)   The pollution of any public well or cistern, stream or lake, or body of water by sewage, industrial waste, or other substances; and

         (c)   The ownership, possession, or control of any unused refrigerator, or other container, with doors which fasten automatically when closed, or sufficient size to retain any person, to be exposed and accessible to the public without providing locks to prevent access by the public.

(Prior Code, § 11.70) Penalty, see § 156.999

§ 156.027 REFUSE.

   In all districts, all waste material, debris, refuse, or garbage shall be kept enclosed within a building, or properly contained in a closed container designed for such purposes, with the exception of crop residue. The owner of vacant land shall be responsible for keeping the land free of refuse. All exterior storage material not included with a permitted use, accessory use, or special use, or otherwise permitted by provisions of this chapter, shall be considered refuse.

(Prior Code, § 11.70)

§ 156.028 EXTERIOR STORAGE.

   In all districts, all materials and equipment shall be stored within a building, or be fully screened so as not to be visible from adjoining properties, except for the following in good order: laundry, drying, and recreational equipment; construction and landscaping materials, and equipment currently being used on the premises; agricultural equipment and materials, if these are used, or intended for use, on the premises; off-street parking of passenger automobiles and pickup trucks; and fire wood. Boats and unoccupied campers, so long as they do not encroach on any dedicated public rights-of-way, plated rights-of-way, public easements, or utility easements, are permissible. If located within the front yard, they must comply with parking, as identified in § 151.27, and other applicable codes sections. In all districts, the city may require a special use permit for any exterior storage if it is demonstrated that the storage is a hazard to the public health and safety, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes a threat to living amenities.

(Ord. 5, third series, passed 10-7-2008)