[1]
Editor’s note–Ord. 597, sec. 1, adopted 11/7/85, added new provisions to the zoning ordinance as art. XXV, sec. 1. As provisions already existed within the zoning ordinance as art. XXV, sec. 1, the provisions of Ord. 597 have been redesignated as art. XXV-A, sec. 1 at the discretion of the editor.
(a) 
In this section “material” means a book, magazine, newspaper, photograph, motion picture, film[,] videotape, laser disc, or anything tangible that is capable of being used to arouse interest, whether through the medium of reading, observation, sound, or any combination of such media.
(b) 
No person shall operate or cause to be operated within 1,000 feet of a church, a public or private elementary or secondary school, or a district restricted to residential use by the comprehensive zoning code of the city:
(1) 
A business or enterprise which offers material for sale, lease, or rental, or which is used for exhibiting or presenting to patrons material, with knowledge that said material explicitly depicts or describes:
(A) 
Human genitals in a state of sexual arousal;
(B) 
Acts of masturbation, sexual intercourse or deviate sexual intercourse, actual or simulated.
(c) 
For purposes of this section, a distance shall be measured along the property lines of the street fronts and from front door to front door, and in direct line across intersections where they occur, or to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of a district restricted to residential use by the comprehensive zoning code of the city or to the nearest boundary line of a public park adjacent to a residential area.
(Ordinance 597 adopted 11/7/85)
(a) 
“Masonry Construction” shall be construed to mean that form of construction composed of brick, stone, decorative concrete block or tile, or other similar building units or materials (or combination of these materials) laid up unit by unit and set in mortar, and shall exclude wall area devoted to doors and windows. As applicable to meeting the minimum requirements for the exterior construction of buildings within each zoning district, this term shall include the following materials:
(1) 
Hard fired brick (kiln fired clay or slate material, can include concrete brick if it is to the same ASTM standard for construction as typical hard fired clay brick; severe weather grade; minimum thickness of three inches when applied as a veneer; shall not include unfired or underfired clay, sand or shale brick);
(2) 
Stone (includes naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all-weather stone that is customarily used in exterior building construction; may also include cast- or manufactured-stone product, provided that such product yields a highly textured, stone-like appearance, its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance-free; natural or man-made stone shall have a minimum thickness of three and five-eighths inches when applied as a veneer);
(3) 
Decorative concrete block (highly textured finish, such as split-face, indented, hammered, fluted, ribbed or similar architectural finish; coloration shall be integral to the masonry material and shall not be painted on; minimum thickness of three and five-eighths inches when applied as a veneer; shall not include lightweight or featherweight concrete block or cinderblock units); does not qualify as “masonry construction “ for single- or two-family residential structures;
(4) 
Concrete precast or tilt-wall panels (only allowed if a highly textured, architectural finish which is at least as textured in appearance and physically as face brick or stone; can be brick-like or stone-like in appearance; coloration shall be integral to the masonry material and shall not be painted on; shall not include smooth, untextured or inadequately textured finishes); does not qualify as “masonry construction” for single- or two-family residential structures, for multifamily, for townhomes, or for structures within the city’s original downtown overlay area; and
(5) 
Glass blocks or tiles (of the type customarily used in exterior building construction; shall not comprise more than 30% of any exterior wall surface, nor more than 20% of the building’s total exterior on all wall surfaces combined; shall not be highly reflective or mirror-like finish); does not qualify as “masonry construction” for single- or two-family residential structures, or for structures within the city’s original downtown overlay area.
(b) 
Alternative Non-Masonry Exterior Materials -
The following materials shall not qualify nor be defined as “masonry construction” in meeting the minimum requirements for the exterior construction of buildings, unless specifically approved by the city’s building official for single-family or duplex residential structures, or by the planning and zoning commission on an approved site plan for single-family attached, multifamily, institutional, office, retail, commercial, industrial, or other nonresidential structures:
(1) 
Exterior insulation and finish system (EIFS), acrylic matrix, synthetic plaster, or other similar synthetic material;
(2) 
Cementitious fiberboard siding (such as “HardyPlank”, HardyBoard”, etc.);
(3) 
PVC or other plastic-based siding material;
(4) 
Lightweight or featherweight concrete blocks or cinderblocks;
(5) 
Any other cementitious product not listed above; or
(6) 
Stucco, exterior plaster, adobe or mortar wash surface material.
(c) 
Standard Masonry Construction -
See “Masonry Construction”.
(d) 
Special Exception for Alternative Non-Masonry Exterior Materials:
(1) 
All written requests for a special exception for alternative non-masonry exterior building materials to qualify for any portion of the “masonry construction” requirement for any structure shall be submitted in writing to the city, and shall be clearly noted and described in detail on a color facade plan that is submitted along with the building permit application (for single-family and duplex structures only) or with the site plan (for all other types of structures including multifamily, single-family attached, nonresidential structures, etc.) or. [sic] The city may require submission of an actual sample(s) of the proposed exterior finish material(s) prior to consideration of such material(s) by the planning and zoning commission.
(2) 
The planning and zoning commission may approve a request for a special exception for an alternative non-masonry exterior construction material(s) for any portion of the “masonry construction” requirement for a structure if it is determined to be equivalent or better than the exterior materials otherwise required by this article and by the city’s building code (as part of the site plan approval process for applicable structures such as multifamily, single-family attached, nonresidential, etc.).
(3) 
Consideration for a special exception to the applicable exterior masonry construction requirement for any structure shall be based only upon the following:
(i) 
Architectural design, creativity and innovation;
(ii) 
Compatibility with surrounding structures;
(iii) 
Relative ease of maintenance of the material(s);
(iv) 
Long-term durability and weather-resistance of the material(s); and
(v) 
Long-term stability in property value due to the high quality of the material(s).
(Ordinance 05-06, sec. 1, adopted 5/4/06)
Wind energy conversion systems shall require a specific use permit (SUP) in all zoning districts and flood plain areas. Large wind energy systems shall be located on a lot having a minimum lot size of five (5.0) acres. All wind energy systems shall be subject to the following additional requirements (unless one or more of the following requirements are specifically waived or modified in the SUP ordinance):
(1) 
An accurately drawn-to-scale survey/site plan is required with the SUP application and shall include the following:
(A) 
Property lines and physical dimensions of the property;
(B) 
Location, dimensions, setbacks and types of existing major structures on the property;
(C) 
Location of the proposed wind system tower, and setbacks/dimensions from all existing structures on site, from all property lines, and from structures on adjacent properties;
(D) 
Locations and dimensions/setbacks from all public rights-of-way that are contiguous with the property;
(E) 
Overhead utility lines, and approximate locations/canopy coverage of large existing trees on the property;
(F) 
Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type and rated kW output;
(G) 
Tower foundation blueprints or drawings;
(H) 
Tower blueprint or drawing;
(I) 
Elevation drawings showing the design and height of the proposed energy system, and any screening that will be provided to screen the system tower from public view.
(2) 
Wind towers and generators proposed to be installed within the 100-year floodplain shall also have approval of the city’s engineer and, where applicable, the U.S. Army Corps of Engineers. Such tower sites shall take such measures, as required by the city’s engineer, to protect the sites from damage from potential flooding. The city’s engineer shall require a floodplain permit and a licensed engineer’s certification that the tower/generator will not pose a threat or safety hazard due to flood conditions.
(3) 
No portion of the tower structure of a wind energy system shall be located within any required front, side or rear yard, and the tower and all of its appurtenances shall be located behind (i.e., not in front of) the main building unless otherwise authorized (i.e., varied) in the SUP ordinance. No portion of a system may protrude over a property line without acquisition of an easement for the encroachment from the adjacent property owner(s), nor over an easement without proper written release from the utility provider or entity who owns or controls such easement.
(4) 
A wind energy system may exist only as an accessory use, and it may not be constructed/installed until a primary structure exists on the property. A wind energy system may only supply power to structures on the lot/parcel where the system is located (i.e., not to an off-site structure).
(5) 
For property sizes less than or equal to five (5.0) acres in area, the tower height shall be a maximum of sixty-five (65.0) feet. For property sizes greater than five (5.0) acres in area, the tower height shall not exceed one hundred (100.0) feet unless otherwise approved in the SUP ordinance. Blade clearance shall be a minimum of twenty (20.0) feet above the ground.
(6) 
Wind energy conversion systems must comply with applicable Federal Aviation Administration (FAA) regulations, including any necessary approvals for installations close to airports, and must also comply with applicable ASHTO engineering standards.
(7) 
The tower for a wind energy system shall be set back a minimum distance of two (2.0) times the tower’s height from all property lines, public rights-of-way and occupied buildings, and shall be set back a minimum distance of one and one-half (1.5) times the tower’s height from the applicant’s own building(s) on the property unless constructing the WEC according to subsection (16) below.
(8) 
The tower for a wind energy system shall be set back a minimum distance of one and one-half (1.5) times the tower’s height from any overhead utility lines, unless written permission is granted otherwise by the affected utility.
(9) 
No tower shall be erected closer than two hundred (200.0) feet or a distance of five (5.0) times the diameter of the larger rotor, whichever is the greater distance, to another wind energy tower.
(10) 
All wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over speed protection.
(11) 
Safety and security measures.
(A) 
A clearly visible warning sign that states “Caution, High Voltage” must be placed at the base of all pad-mounted transformers and substations.
(B) 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(C) 
The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 12 feet from the ground.
(D) 
All access doors to wind energy systems and their appurtenances (e.g., cabinets, junction boxes, etc.) shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
(12) 
All electrical wires associated with a wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
(13) 
Wind energy systems shall be required to comply with the noise standards and requirements contained within this code.
(14) 
Visual appearance.
(A) 
A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(B) 
The wind tower and generator shall remain painted or finished the neutral white, light grey or silver color or finish that was originally applied by the manufacturer.
(C) 
All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a wind energy system, shall be prohibited. Such signs as described above shall be no larger than four (4.0) square feet in size, and shall be located near the base of the tower.
(D) 
No flags, pennants, banners or similar materials may be displayed on or attached to any portion of a wind energy system, including its tower, unless a proper permit is obtained from the city for a temporary sign/display, in accordance with article 21.09 (Signs).
(15) 
Nuisance prevention.
(A) 
Wind energy systems shall be sited, to the greatest extent practical, to minimize the impact of shadow flicker or blade glint upon any inhabited structures (except for the owner’s) or public roadways. Systems found to be a nuisance or a traffic hazard shall be shut down until the flicker or glint problem is remedied.
(B) 
Wind energy systems shall comply with all applicable Federal Communications Commission (FCC) rules, and shall not cause static noise interference with other individuals’ television reception or with private or public telecommunications (e.g., public safety communications, 911 dispatch, etc.).
(16) 
No wind energy system shall be placed or constructed on the roof of any existing structure unless such structure is/was designed and constructed to structurally accommodate and support a roof-mounted wind energy system. Certification by a structural engineer shall be required for any roof-mounted system. No roof-mounted WEC shall exceed a maximum height of sixty-five (65.0) feet, as measured from the lowest ground level elevation point of the structure to which it is mounted, to the top of the tower (i.e., at the center of the hub).
(17) 
A building permit shall be required for the installation of a wind energy system.
(A) 
The owner shall submit an application to the building official. The application shall be accompanied by standard drawings of the wind turbine structure, a line drawing of the electrical components, and two copies of the site plan for the wind energy system, and any fee the city requires for an accessory use or building.
(B) 
No permit for a wind energy system shall be issued until evidence of written approval has been given to the city that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator, and the utility company has expressed written approval for the system. Off-grid systems shall be exempt from this requirement.
(C) 
Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the city’s building code, and certified by a licensed professional engineer, shall also be submitted. This analysis is frequently supplied by the manufacturer.
(D) 
Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the city’s electrical code. This information is frequently supplied by the manufacturer.
(E) 
A building permit issued for a wind energy system shall expire if the system is not installed, functioning and passed city inspection within six (6) months (i.e., 180 calendar days) following the date the permit is issued.
(18) 
Abandonment.
(A) 
A wind energy system that is out-of-service for a continuous 12-month (i.e., 365 calendar days) period will be deemed to be abandoned. The building official (or designee) may issue a notice of abandonment to the owner of a wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 calendar days from the date that the notice was mailed to the owner. The building official (or designee) shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides sufficient information that demonstrates the wind energy system has not been abandoned, and that it is in compliance and operational in accordance with the city’s regulations for WECs.
(B) 
If the wind energy system is determined to be abandoned, the owner of the wind energy system shall remove the wind generator and tower structure (including all its appurtenances) from the property at the owner’s sole expense within three (3) months (i.e., 90 calendar days) after the notice of abandonment has been sent to the owner. If the owner fails to completely remove the wind generator, tower and any associated appurtenances, the building official (or designee) may pursue a legal action to have the wind generator and tower structure removed at the owner’s expense.
(19) 
Future subdivision of any property upon which a wind energy system is located shall only be allowed if the WEC is a legally conforming use/structure, and if all setback, height and other requirements for WECs (as such exist at the time of such future subdivision) remain in compliance.
(Ordinance 24-08, sec. 2, adopted 9/17/09)
(a) 
Off-street stacking requirements for drive-through facilities.
(1) 
A stacking space shall be an area on a site measuring eight feet (8') by twenty feet (20') with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least eight (8) feet in width and with negotiable geometric design, must be provided to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc.
(2) 
For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces. One escape lane shall be provided.
(3) 
For each service window of a drive-through restaurant, a minimum of five (5) spaces shall be provided for the first vehicle stop (usually the menu/order board), and two (2) spaces shall be provided for each additional vehicle stop (order/pickup windows, etc.). One escape lane shall be provided from the beginning of the stacking lane to the first stop (e.g., menu/order board).
(4) 
For other retail operations (i.e., other than restaurants, banks, etc. specifically cited in this section) and kiosks that provide drive-through or drive-up service (e.g., pharmacy, dry cleaners, etc.), a minimum of three (3) stacking spaces for each service window shall be provided.
(5) 
For a full-service carwash, each vacuum or gas pump lane shall be provided with a minimum of four (4) stacking spaces. For the finish/drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.
(6) 
For each automated self-service (drive-through/rollover) carwash bay, a minimum of three (3) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.
(7) 
For each wand-type self-service (open) carwash bay, a minimum of two (2) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window drying and other detailing, unless a separate area/shade structure is provided (outside of circulation aisles) for these activities.
(8) 
For automobile quick-lube type facilities, a minimum of three (3) stacking spaces shall be provided for each service bay in addition to the service bay itself.
(b) 
Overhead doors.
In all nonresidential zoning districts, overhead/roll-up service bay doors shall not face any public street unless otherwise provided below:
(1) 
An oil/lube change establishment and an automated carwash bay shall be the only uses that can have overhead/roll-up service bay doors on opposite sides of the building for drive-through convenience. For a corner lot, only one set of service bay doors (either entrance or exit) may face onto the secondary roadway (for example: along a freeway frontage road one set of doors can face onto the perpendicular side-street and the other/opposite set of doors faces the interior side yard; along a major or minor arterial one set of doors can face onto the perpendicular side-street and the other/opposite set of doors faces the interior side yard; etc.). For a through lot, or for a lot having three or more sides facing a public street, or for another peculiar circumstance pertaining to how a development site is situated, a waiver may be requested and may be approved by the planning and zoning commission during site plan approval process.
(2) 
Legally nonconforming overhead/roll-up service bay doors in existence as of the effective date of this section may remain used for their current purpose. However, any change of use on the property to any non-automotive-related retail, personal service or food service use (such as a grocery store, convenience store, mini-mart, restaurant, cafeteria, etc.) shall require permanent closure and removal of such doors, and conversion of the openings to either fixed-pane windows or solid exterior construction that matches, to the greatest extent practical, the colors and finishes of the building.
(c) 
Use of required parking and loading spaces.
Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, recycling kiosks, signs or sign support structures, telecommunications towers or support structures, storage or display of boats, trailers, campers, motor vehicles or other goods, materials or products for sale/lease/rent.
(d) 
Municipal facilities.
Fire stations and other municipally owned administrative and service facilities are exempt from this section.
(Ordinance 04-10 adopted 5/6/10)
(a) 
Sale of prepackaged items.
An establishment shall not sell or serve prepackaged beverages through drive-through, drive-in, drive-up or walk-up facilities. The prohibitions in this section shall not apply to sales and service of food or beverages to:
(1) 
Customers who must physically leave their vehicles and enter a building in order to purchase such food or beverages; or
(2) 
Sale or service of food to a customer by a fast food or a dine-in/convenience restaurant.
(b) 
Vehicle stacking.
On-site vehicle stacking for drive-through facilities shall be provided in accordance with section 25.02.714.
(c) 
Exterior speakers.
Exterior speakers shall not operate at a volume that disturbs neighboring property owners, and shall comply with the city’s noise regulations in this code.
(d) 
Adjacent to residential.
Drive-through, drive-in, drive-up and walk-up facilities (i.e. the point-of-order menu board and the actual window or portal through which goods are distributed) shall not be located closer than fifty (50) feet to a residential zoning district boundary.
(Ordinance 04-10 adopted 5/6/10)
(a) 
Purpose.
Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas.
(b) 
Nonresidential site lighting and glare standards.
(1) 
Site and building lighting shall not produce obnoxious glare or direct illumination across the site’s property line from a visible source of illumination that creates a nuisance or detracts from the use or enjoyment of adjacent property. All outside lights shall be comprised of a light source and reflector that act together such that the light beam is controlled and not directed across any neighboring property line above a height of three (3) feet. The allowable maximum intensity measured at the property line adjoining a residential district shall be 0.25 footcandles, and at the property line adjoining a nonresidential district shall be 0.5 footcandles. Light poles shall not exceed the maximum height allowed in the subject property’s zoning district, and they shall be placed on the site a setback equal to their height from all adjacent residential property.
(2) 
All off-street parking areas for nonresidential uses which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is used after dark, only that part is required to be illuminated.
(3) 
Building floodlighting shall only be allowed using white, shielded/not visible, steadily illuminating light sources (i.e., shall not be tinted using colored bulbs, gels or lenses, shall not change colors or blink or change intensity in any way, etc.).
(4) 
Freestanding “art forms” shall not be internally lighted. Such fixtures shall only be externally illuminated using tightly focused uplighting from a white, shielded/not visible, steadily illuminating light source (i.e., shall not be tinted using colored bulbs, gels or lenses, shall not change colors or blink or change intensity in any way, etc.).
(c) 
Luminaires.
Light sources shall be of a down-light type, indirect, diffused or shielded type luminaires installed and maintained so as to reduce glare effect (i.e., minimum seventy-degree (70°) cutoff when measured from horizontal) and light overspill onto adjacent streets and properties. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary lighting as provided in subsection (d) below.
(d) 
Special seasonal or temporary lighting (low wattage).
Bare bulbs or strings of lamps are prohibited, except during holidays special lighting shall be permitted for a maximum time period of forty-five (45) calendar days for each holiday used. In nonresidential zoning districts only, strings of low-wattage “holiday” or “twinkling” lights are only allowed during these holiday periods unless otherwise approved for permanent display on a nonresidential building (or its premises, such as on an outdoor dining patio or in trees on the site) by the planning and zoning commission during the site plan and facade plan approval process.
(e) 
Gaseous/electrified tubing and backlit lighting elements.
The use of gaseous, LED or other electrified or illuminated tubing or backlit “band” lighting to outline or decorate buildings, signs or other site features shall be limited as follows:
(1) 
In residential or agricultural zoning districts: Prohibited.
(2) 
In nonresidential zoning districts:
(A) 
Allowed to decorate only one (1) predominantly horizontal architectural element on a building (e.g., along the rooflines including any peaks/arches/bump-ups/etc., or horizontally along the building’s facade as lighted tubing or a backlit “band”) provided that such tubing/“band” does not exceed six inches (6") in width. Any lighted “band” on a building in addition to, or that exceeds the maximum width of, the single allowed lighted element described above shall be counted and regulated as part of the building’s “wall signage” per the sign ordinance (article 21.09 of this code, as amended). Vertically-oriented gaseous, LED or other electrified or illuminated tubing or “bands” on a building or on any site fixture are prohibited.
(B) 
Building-mounted awnings may be backlit provided they do not comprise more than ten percent (10%) of a building facade’s total surface area, or the outermost edges only of awnings may be outlined or decorated with gaseous or electrified tubing (i.e., entire awnings may not be outlined, only the outermost edges).
(C) 
Building-mounted, projecting porch covers may be outlined or decorated with gaseous or electrified tubing to highlight the main entrance into the building. Only the outermost panel/plane that is more or less parallel to the building’s front facade may be backlit (i.e., not the entire projecting porch cover).
(D) 
The outer edges of canopies sheltering vehicular areas (such as at gas stations, convenience stores, drive-through bank facilities, etc.) may be outlined or decorated with one gaseous, LED or electrified/illuminated tubing strip having a maximum width of six inches (6"), or with a backlit “band” provided that such “band” does not exceed the thickness of the canopy or eighteen inches (18") in width, whichever is smaller (i.e., the “band” may not protrude beyond the upper or lower edge of the canopy).
(E) 
Freestanding “art forms” shall not be illuminated by or with gaseous, LED or other electrified or illuminated tubing or devices. Special seasonal figurines, decorations and holiday display fixtures shall be permitted for a maximum time period of forty-five (45) calendar days for each holiday used.
(f) 
Municipal facilities.
Fire stations and other municipally-owned administrative and service facilities are exempt from this section.
(g) 
Waiver.
A waiver to any provision of this section may be requested and may be approved by the planning and zoning commission during the site plan and facade plan approval process.
(Ordinance 04-10 adopted 5/6/10)
(a) 
Outside display.
Where it is allowed, outside display of merchandise and seasonal items (e.g., Christmas trees, pumpkins or other seasonal produce items, landscaping/gardening materials, temporary floral or other holiday-oriented sales tents, etc.) shall:
(1) 
Not be placed/located more than twenty feet (20') from the main building nor on top of any structure.
(2) 
Not occupy any required parking spaces (except on a temporary basis only, which is a maximum of 45 calendar days per display and a maximum of two displays per calendar year - a city permit shall be required for any allowed outside display occupying any required parking spaces for any length of time).
(3) 
Not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on site or off site, in any way.
(4) 
Not extend above ten (10) feet in height nor into public right-of-way, over any easement, or onto adjacent property.
(5) 
Not be left outside overnight - all outside display items shall not remain outside overnight, but shall be removed and stored within a building at the end of business each day (except for seasonal landscaping/gardening and large new/unused/non-consumable items that cannot reasonably be moved indoors each evening such as landscaping materials, plants, trees, fertilizer/soil amendments, Christmas trees, swingsets/play structures, etc. which may remain outside for as long as sales of such seasonal items is actively occurring - a city permit shall be required for any outside display remaining outside overnight for any length of time).
(6) 
Be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
(b) 
Outside storage.
(1) 
Where it is allowed, outside storage shall:
(A) 
Be limited to a maximum of five percent (5%) of the total lot area in the Local Retail (LR) zoning district;
(B) 
Be limited to a maximum of ten percent (10%) of the total lot area in the Commercial (C) zoning district;
(C) 
Be limited to a maximum of twenty percent (20%) of the total lot area in the Light Manufacturing (LM) and Heavy Manufacturing (HM) zoning districts;
(D) 
Not be located in front of (i.e., on any street side of), or on top of, any structure;
(E) 
Be screened, at a minimum height of six feet (6'), by one or a combination of the following methods (i.e., cannot be visible from any public street or adjacent property):
(i) 
Solid masonry (brick, concrete block or concrete panels) wall similar in materials and color to the main building(s);
(ii) 
Wrought iron with solid landscape screening; or
(iii) 
Alternate equivalent screening may as be approved through the site plan approval process.
(F) 
Not exceed the height of the screening wall/fence - outside storage exceeding eight feet (8') in height shall require a specific use permit in accordance with Division 26 (Special Uses).
(2) 
Outside storage units, portable (PODs).
Portable outside storage units shall:
(A) 
Be allowed on a short-term basis (see subsection (G) below) in any zoning district, and may be permitted on a long-term or permanent basis within the Local Retail, Commercial, Light Manufacturing, Heavy Manufacturing districts and on residentially zoned lots being larger than one (1) acre in size;
(B) 
Not be located in front of the main building(s), except as provided for a residence in subsection (L) below;
(C) 
Not be located within any required front, side or rear yard setback (except as provided for a residence in subsection (L) below), or within any fire lane, easement or right-of-way;
(D) 
Not occupy any required vehicular parking (except as provided for a residence in subsection (L) below), stacking, loading or maneuvering space;
(E) 
Be completely screened from view of public streets (either by the building itself or by a screening device), except as provided for a residence in subsection (L) below;
(F) 
Be easily accessible by transport vehicle;
(G) 
A storage unit that is needed to temporarily store/secure construction materials at a city-permitted construction site or to temporarily store/secure personal residential possessions while moving/relocating or during house remodeling, such time frame may be extended for the duration of the construction, or the moving/relocation or house remodeling, provided a permit is first issued by the city, provided the building permit for the construction site remains valid (if applicable), and provided that such unit is immediately removed from the premises upon completion of construction or upon completion of moving/relocation or house remodeling, as applicable;
(H) 
Be limited to the placement of no more than one (1) storage unit on any lot, tract or parcel (unless such units are needed for a city-permitted construction site, in which case more than one unit may be approved and permitted by the building official);
(I) 
Not exceed twenty (20) feet in length, or eight (8) feet in width, or eight (8) feet in height (a container of larger size in one or more of these dimensions shall be defined as a “cargo container”);
(J) 
Not be illuminated in any way;
(K) 
Not be used for any use other than the storage of materials or goods (i.e., no business operations, etc.); and
(L) 
A maximum of one (1) portable outside storage unit may be used for a single-family or two-family residence, on a short-term basis only in accordance with subsection (G) above, during home construction, moving/relocation, or house remodeling. Such storage unit may be placed in the driveway of such residence (with no screening required) and within the front, side or rear setback (as applicable to driveway location), but shall not encroach into any fire lane, easement, adjacent property or right-of-way.
(M) 
All portable outside storage containers being placed for a period of more than 30 days shall be placed onto a concrete foundation.
(N) 
One (1) portable outside storage unit may be permitted on a permanent basis within residentially zoned lots being greater or equal to one (1) acre in size;
(O) 
Each business may be permitted one (1) portable outside storage unit on a permanent basis; and
(P) 
The exterior of a cargo container may be altered to change the look of the unit. The addition of siding and roofing may be utilized to fully screen the cargo container. Altering the exterior of the cargo container does not exempt the unit from other applicable regulations and must conform to all adopted municipal regulations.
(3) 
Cargo containers.
Cargo containers shall:
(A) 
Not be allowed in any residential zoning district (except for a nonresidential use only, such as a school or day care or church, in a residential district, on a short-term basis, and subject to all the same requirements as a portable outside storage unit except as provided below); and
(B) 
Be subject to all of the same requirements as a portable outside storage unit, except they may not exceed forty (40) feet in length, or eight (8) feet in width, or ten (10) feet in height.
(c) 
Outside retail sales.
All retail sales shall occur completely within a permanent main building on the site (i.e., not in a parking lot, on the street or a public sidewalk, in a vehicle or trailer, under a tent, etc.) except for a drive-in restaurant where a carhop delivers food, and collects payment for such food, at designated outdoor ordering stations, and except for temporary holiday tent sales (such as Christmas trees, holiday floral tent sales, etc.) provided that the outside sales operation is by the actual owner/tenant of the property (i.e., not by itinerant vendors who are not affiliated with the actual owner/tenant of the property).
(Ordinance 04-10 adopted 5/6/10; Ordinance 2024-13 adopted 6/17/2024)
(a) 
Residential uses.
Carports, canopies and porte cocheres may be constructed in residential zoning districts only if the primary structure on the property was constructed prior to 2002. All carports, canopies and porte cocheres constructed pursuant to this section shall:
(1) 
Have a minimum fifteen (15) foot setback from the property line;
(2) 
Be supported by masonry or metal columns set in concrete;
(3) 
Be constructed of construction materials that match the size, shape and material used to construct the main building;
(4) 
Have a roof that is either gable or flat in design;
(5) 
Two or more sides of the carport must be open;
(6) 
Have a maximum height of twelve (12) feet;
(7) 
The parking area must be constructed of an improved surface; and
(8) 
There may not be an entry to the rear of the property if the only available access point would be an unimproved alley.
(b) 
Nonresidential uses.
A carport, canopy or porte cochere for a nonresidential use (regardless of zoning district) shall:
(1) 
Not encroach into a required front, side or rear yard setback;
(2) 
Not extend over a public street, a city easement (unless approved by the city’s engineer), or a solid waste container (i.e., dumpster);
(3) 
Have a minimum 14-foot clearance when extending over a fire lane or vehicular drive aisle; and
(4) 
Be supported by masonry columns (or masonry-encased columns) that are architecturally integrated and match the materials and colors of the main building.
(Ordinance 10-16 adopted 3/7/16)
(a) 
Conversion of structure to retail use.
The conversion of an existing structure to a retail or other business use shall only be in accordance with all city codes and ordinances, and shall only occur upon a finding that the proposed use is in compliance with the applicable zoning district, and that the premises/site will meet parking and other requirements for the proposed use.
(b) 
Addition of prepackaged food or beverage sales.
The addition of the sale of prepackaged food or beverages to the operation of an existing retail or business establishment shall be considered a new use, and shall only be allowed with the approval of a specific use permit in accordance with Division 26 (Special Uses).
(c) 
Prepackaged food or beverage sales as an accessory use.
If the sales of prepackaged foods and beverages, in combination, exceeds ten percent (10%) of an establishment’s gross annual sales revenues, then such prepackaged food and beverage sales shall be considered a primary use, and shall only be allowed with the approval of a specific use permit in accordance with Division 26 (Special Uses).
(Ordinance 04-10 adopted 5/6/10)
(a) 
Any use of a public building or buildings to be erected or used by the city, county, state, or federal government is permitted within any zoning district as amended (R-1, R-2, R-3, R-4, R-5, D, TH, A, O, MHP, LR, C, LM, HM, PD and AG).
(b) 
Any installation of a public utility, either privately or publicly owned, is permitted within any zoning district as amended (R-1, R-2, R-3, R-4, R-5, D, TH, A, O, MHP, LR, C, LM, HM, PD and AG).
(Ordinance 14-2023 adopted 6/5/2023)