§ 16-16. Operation and use regulations.

(a)

Permitted uses. Permitted uses are outlined in Carthage City Code Section 25, Article IV, Division 8.

(b)

Nuisances. No nuisances shall be permitted to exist or operate upon any lot so as to be offensive or detrimental to any adjacent lot or property or to its occupants. A "nuisance" shall be anything defined as such under our existing City Code Section 13.4, or 15-3 and shall include, but not be limited to any of the following conditions.

(1)

Any use of the lot which emits dust, sweepings or particulate into the atmosphere or discharges liquid, solid wastes, or other matter into any water reclamation area or other waterway which may adversely affect the health, safety, comfort, or intended use of property by persons within the area.

(2)

The escape or discharge of fumes, odors, gasses, vapors, steam, acids or other substance into the atmosphere which may adversely affect the health, safety, or welfare of any person or which may interfere with the comfort of persons within the area or which may be harmful to property or vegetation.

(3)

The radiation or discharge of intense heat or glare of radioactive or electromagnetic microwave, ultrasonic, laser or other radiation. Any operation producing intense glare, heat or radiation shall be contained by an adequate enclosure or screen to eliminate emissions from any point exterior to the site or lot upon which the operation is conducted.

(c)

Condition of property. The owner or occupant of any lot shall at all times keep the property, buildings and improvements in a safe, clean and wholesome condition and comply at its own expense with all applicable health, fire, environmental and safety ordinances, regulations and requirements. The owner or occupant shall at frequent intervals remove at its own expense any rubbish of any character which may accumulate upon such lot or any other adjacent lot. The owner or occupant shall also police other neighboring properties and remove any rubbish generated by their activities.

(d)

Maintenance and repairs. Each lot and all improvements shall be constructed, kept and maintained by the owner or occupant of the lot in first-class condition, repair and appearance. All repairs, alterations, replacements, or additions shall be at least equal to the original work in quality.

(e)

Refuse collection areas.

(1)

All outdoor refuse containers shall be visually screened within a durable enclosure six (6) feet or higher to prevent visibility from adjacent lots and streets. No refuse storage area shall be permitted between a street and the front of a building.

(2)

Refuse collection enclosures shall be designed to contain all refuse generated on-site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure.

(3)

Refuse collection enclosures should be designed of durable materials with finish and colors which are unified and harmonious with the overall architectural theme of the parcel on which it is located.

(4)

Refuse collection areas shall be located upon the lot to provide clear and convenient access to refuse collection vehicles and minimize wear and tear on on-site and off-site improvements.

(f)

Public utilities. Above-ground utility lines across any portion of the subject property will be approved on a temporary basis only. A certificate of occupancy will not be issued until such temporary lines have been removed.

No plans will be approved which do not provide for the underground installation of electrical power, telephone and other utility lines from the property line to buildings and the complete visual screening of all transformers and terminal equipment.

(g)

Utility lines and antennae. No sewer, drainage, or utility lines or wires or other devices for the communication or transmission of electricity or signals including telephone, or cable television, shall be constructed, placed or maintained anywhere in or upon any portion of the subject property other than within buildings or structures, unless the same shall be contained in conduits or cables constructed, placed or maintained underground or concealed in an underground building or other structures. Nothing herein forbids temporary power or telephone facilities incidental to the construction or repair of buildings on the subject property. Any roof mounted satellite transmission/receiving devices must be screened in accordance with section 16-18(7).

(Ord. No. 99-80, § I, 11-23-99)