Chapter 165—Zoning Regulations

165.01 Definitions
165.02 Purpose and Application
165.03 Fees Established
165.04 Lot Requirements
165.05 Parking Requirements
165.06 Height Requirements
165.07 Residence Requirements
165.08 Accessory Buildings, Structures, and Uses
165.09 Fences, Walls, Hedges, and Plantings
165.10 Essential Services
165.11 Agriculture Requirements
165.12 Districts Established
165.13 A-1 Agricultural District
165.14 R-1 Low Density Residence District
165.15 R-2 Low Density and Professional Office District
165.16 R-3 Medium Density District
165.17 C-1 Commercial District
165.18 I-1 Industrial District
165.19 Planned Unit Development (PUD) Overlay District
165.20 Nonconforming Uses
165.21 Zoning Administrator
165.22 Building Permits
165.23 Board of Adjustment
165.24 Duties of Board
165.25 Rules of Board
165.26 Appeals to Board
165.27 Changes and Amendments
165.28 Manufactured Homes

165.01 DEFINITIONS.

For the purpose of this chapter, certain words, terms and expressions are herein defined.

  1. “Accessory use” means a structure that is not used or intended to be used for living or sleeping by human occupants.
  2. “Accessory structure” means a subordinate building located on the same lot with the main building and occupied by or devoted to an accessory use. When an accessory structure is attached to the main building by a common wall or breeze-way that provides entry to the principal building or a continuous foundation, such accessory building shall be considered part of the main building.
  3. “Agriculture” means the production, keeping to maintenance, for sale, lease or personal use, of plants useful to man or animals including but not limited to: forages and sod crops; grains and seed crops; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
  4. “Airport” means any area of land which is used or intended for use for the landing and taking off of aircraft; and any accessory areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.
  5. “Alley” means public property dedicated to public use primarily for vehicular access to the back or side of properties otherwise abutting on a street.
  6. “Beginning construction” means that construction is considered “started” upon approval of the building permit.
  7. “Building” means any structure for the shelter or enclosure of persons, animals or chattels.
  8. “Carport” means a roofed structure proving space for the parking of motor vehicles and enclosed on not more than three (3) sides. For the purpose of this chapter, a carport attached to a principal building shall be considered a part of the principal building and is subject to all yard requirements herein.
  9. “Comprehensive Plan” means the general plan for the development of the community, which may be titled master plan, comprehensive plan or some other title, which plan ahs been adopted by the Council. The Comprehensive Plan shall include any part of such plan separately adopted, and any amendment to such plan or parts thereof.
  10. “Deck” means any flat-floored, roofless structure, accessible at or from above grade, adjoining or directly adjacent to a building and attached to the ground.
  11. “Dwelling” means a building, or portion thereof, designed or used exclusively for residential occupancy, including one-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels, or motels.
  12. “Dwelling, multiple-family” means a building or portion thereof containing three or more dwelling units.
  13. “Dwelling, one-family attached” means a dwelling unit which is joined to another dwelling unit at one or more sides by a party wall or walls and which is designed and intended to be an individual ownership unit.
  14. “Dwelling, one-family detached” means a dwelling unit entirely surrounded by yards on the same lot.
  15. “Dwelling, two-family” means a building containing two dwelling units on the same lot.
  16. “Dwelling unit” means one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each “dwelling unit.”
  17. “District” means any section of the City within which the zoning regulations are uniform as prescribed herein.
  18. “Entry way” or “landing” means a way to enter the front of a principal residential building, most likely in the form of an uncovered staircase or steps. The entry way or landing will not be included as part of the principal residential building if its total size is less than 30 square feet.
  19. “Essential services” means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, means, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
  20. “Family” means one or more individuals occupying a dwelling unit and living as a single household unit.
  21. “Family home” means a community-based residential home which is licensed as a residential care facility under Chapter 135C, Code of Iowa, or as a child foster care facility under Chapter 237, Code of Iowa, to provide room and board, personal care, rehabilitation service and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel.
  22. “Fence” means a structure more than 18 inches in height, erected as a barrier for separating or enclosing all or a portion of a field, yard, or other adjoining real property, or for the purpose of preventing intrusion or straying.
  23. “Floor area” means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet.
  24. “Height” means the vertical distance from the finished floor to the peak.
  25. “Lot” means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
  26. “Lot area” means the total area within the lot lines of a lot, excluding any street right-of-way.
  27. “Lot, corner” means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
  28. 2“Lot line” means a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
  29. “Lot line, front” means the lot line separating a lot from a street right-of-way.
  30. “Lot line, rear” means the lot line opposite and most distant from the front lot line or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
  31. “Lot line, side” means any lot line other than a front or rear lot line.
  32. “Lot of record” means a lot which exists as shown or described on a plat or deed in the records of the local registry of deeds.
  33. “Lot width” means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
  34. “Manufactured home” means a factory-built structure which is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal Manufacture Home Construction and Safety Standards, and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles.
  35. “Mobile home” means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is not a manufactured home.
  36. “Mobile home park” means a site with required improvements and utilities for the long-term parking of two or more mobile homes, which may include services and facilities for the residents.
  37. “Modular home” means a structure transportable in one or more sections which is substantially assembled at a location other than where used, which is not built on a permanent chassis.
  38. “Nonconforming use” means a use or activity which was lawful prior to the adoption, revision or amendment of this zoning ordinance but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
  39. “Parking” means the short-term storage of an operable motor vehicle.
  40. “Parking space, off-street” means a parking space for the parking of a motor vehicle entirely within the lot lines of the lot.
  41. “Patio” means a surfaced area directly adjacent to a principal building at or within the main floor area grade of the building and not covered by a permanent roof.
  42. “Porch” means a roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building. Once the area is enclosed with building materials, other than screen, it becomes a room.
  43. “Principal building” means a building, including covered porches, decks, carports, and attached garages, in which is conducted the principal use of the lot on which it is situated. In any residence district the main dwelling unit shall be deemed to be the principal building on the same lot.
  44. “Retail” means selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
  45. “Services” means providing services for individuals, business and government establishments and other organizations, including hotels and other lodging places, establishments providing personal, business, repair and amusement services, health, legal, engineering and other professional services, educational institutions, membership organizations, and other miscellaneous services, but not principally selling goods or merchandise.
  46. “Sight triangle area” means the portion of a corner lot lying within a triangle area formed by measuring back along the property lines adjacent to the intersecting streets and/or alley to a point on each property line 20 feet from the intersection of said property and then connecting the two points, thus establishing a third line.
  47. “Sign” means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
  48. “Sign area” means the entire face of a sign including the advertising surface and any framing, trim or molding but not including the supporting structure.
  49. “Sign, advertising” means a sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or to an entertainment offered on the premises where the sign is located.
  50. “Sign, directional” means a sign limited to directional messages, principally for pedestrian or vehicular traffic, such as “one-way,” “entrance,” and “exit.”
  51. “Sign face” means the area or display surface used for the message.
  52. “Sign, flashing” means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
  53. “Sign, pedestal” means a sign that is mounted on a free standing pole or other support so that the bottom edge of the sign face is six feet or more above grade.
  54. “Sign, projecting” means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
  55. “Sign, real estate” means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
  56. “Sign, wall” means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.
  57. “Sign, window” means a sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.
  58. “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.
  59. “Street” means public property, not an alley, intended for vehicular circulation. In appropriate context the term “street” may refer to the right-of-way bounded by the property liens of such public property, or may refer to the paving installed within such right-of-way.
  60. “Structure” means a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land.
  61. “Use” means the purpose or activity for which a piece of land or its buildings are designed, arranged or intended, or for which they are occupied or maintained.
  62. “Utilities” means systems for the collection or distribution of water, sanitary waste, storm water, electricity or telephone or cable television services.
  63. “Yard” means an open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided herein.
  64. “Yard, front” means a space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere herein.
  65. “Yard, rear” means a space extending across the full width of the lot between the principal building or any projections thereof, other than uncovered steps less than 30 square feet, and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere herein. On all lots, the rear yard shall be in the rear of the front yard.
  66. “Yard, side” means a space extended from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere herein.
  67. “Zoning Administrator” means the official of the City who has been duly designated to enforce the provisions of this chapter.
165.02 PURPOSE AND APPLICATION.

The purpose of this chapter is to promote the health, safety, morals and general welfare of the City by regulating and restricting the location and use of buildings, structures, and land for industry, business, trade, residence and other uses; regulating and restricting the heights, number of stories and size of buildings, the proportion of a lot that may be occupied, the size of yards, courts and other open spaces, and the density of population; requiring permits for land uses, building structures, and uses thereof; and requiring parking areas, all in accordance with the Comprehensive Plan of the City. Except as hereinafter provided, no structure shall be erected, converted, enlarged, reconstructed, remodeled or structurally altered, nor shall any structure or land be used except in accordance with the provisions of this chapter.

165.03 FEES ESTABLISHED.

The Council shall, from time to time establish by resolution, fees for the issuance of building permits. No application for a building permit shall be considered filed with the Clerk unless and until said application is accompanied by the fee, as established by resolution of the Council and as required herein.

165.04 LOT REQUIREMENTS.
  1. Lots shall comply with the minimum area, lot width and yard requirements established for the zoning district in which the lot is located.
  2. No lot shall contain more than one principal use.
  3. Structures or projections into the side yards may be permitted as follows: fences, plantings, or walls not over six feet above the average natural grade.
  4. No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this chapter, and if already less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.
  5. In any district where one-family detached dwellings are permitted, a one-family detached dwelling may be constructed on any lot of official record at the time of enactment of the regulations contained in this chapter, the owner or which does not own any adjoining property, provided that proposed yard spaces satisfy requirements stipulated for the district in which said lot is located.
  6. Any corner lot shall meet the front yard requirements established for the zoning district in which the lot is located on both sides which abut streets.
165.05 PARKING REQUIREMENTS.
  1. Off-street parking spaces shall be provided in accordance with the requirements established for the zoning district in which any lot is located.
  2. Each parking space shall be a rectangle or parallelogram in shape and shall be a minimum of 8½ feet wide and 18 feet long, exclusive of access aisles or drives.
  3. Off-street accessory parking areas shall be of usable shape, and shall be improved, in accordance with requirements of the City, so graded and drained as to dispose of all surface water accumulation within the area, and if containing more than 3 parking spaces, the area shall have a durable and dustless surface. Any lighting used to illuminate such parking areas shall be so arranged as to reflect the light away from adjoining premises in any “R” District.
  4. For the purposes of determining parking space requirements for stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat.
  5. In the case of retail or service types of uses, “floor area” means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons or clients, but shall not include areas used principally for nonpublic purposes, such as toilet or rest rooms, utilities, storage or dressing rooms.
165.06 HEIGHT REQUIREMENTS.

All structures shall not exceed the height requirements established for the zoning district in which the structure is located, except as modified herein. Height limits established in Section 165.13 through 165.18 shall not apply:

  1. To barns, silos, or other farm buildings or structures on farms, provided these are not less than 50 feet from every lot line; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, masts and aerials; to parapet walls extending not more than 4 feet above the limiting heights of the building.
  2. To places of public assembly such as churches, schools, and other permitted public and semi-public buildings not to exceed six stories or 75 feet, provided that for each foot by which the height of such building exceeds the maximum height otherwise permitted in the district its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
  3. No bulkheads, conveyors, derricks, elevator penthouses, and water tanks, to monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height. Where a permitted use requires greater heights than specified, such may be authorized by the Board of Adjustment.
65.07 RESIDENCE REQUIREMENTS.
  1. Except as provided in Section 165.20, no dwelling shall be located in a zoning district in which such a dwelling is not a permitted use.
  2. The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under the regulations, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking.
  3. For the purpose of this chapter, modular homes or mobile homes shall be subject to the same minimum standards as residences of conventional structure.
  4. For the purposes of this chapter, one-family attached dwellings shall be considered the same as dwelling units which are part of two-family dwellings and multiple-family dwellings. One-family attached dwellings shall be permitted in any zone in which two-family dwellings or multiple-family dwellings are allowed, provided the total number of dwelling units per structure does not exceed the number per structure allowed.
  5. For one-family attached dwellings, minimum lot area, lot width, side yard width, front yard depth and rear yard depth requirements, shall not apply to individual attached dwelling units; provided, any structure containing two or more one-family attached dwellings shall comply with the minimum lot area, lot width, side yard width, front yard depth and rear yard depth requirements, as a whole, as if the structure and individual lots were a two-family or multiple-family dwelling on a single lot.
  6. All single-family dwelling units shall meet the following minimum standards:
    1. The minimum width of a dwelling structure or principal building shall be twenty-two (22) feet at the exterior walls, exclusive of attached garages, porches or other accessory structures.
    2. All dwelling units including attached garages shall be placed on a permanent frost-free foundation.
    3. All dwelling units shall provide for a minimum of nine hundred (900) square feet of floor space.
165.08 ACCESSORY BUILDINGS, STRUCTURES, AND USES.
  1. Storage Buildings.
    1. Storage buildings less than 96 square feet will not be required to obtain a building permit, but will be required to comply with all setback and yard requirements listed below.
    2. Storage buildings greater than 96 square feet will be considered an accessory building and will be required to obtain a building permit and shall comply with all setback and yard requirements listed below.
  2. Accessory Buildings and Structures.
    1. All accessory buildings shall be required to obtain a building permit and comply with all set back and yard requirements.
    2. No accessory building or structure shall be erected in any front yard.
    3. No accessory building or structure shall be constructed upon a lot until construction of the principal building has been finished, and no accessory building shall be used unless the principal building on the lot is also being used. Accessory buildings may not to be used for dwelling purposes.
    4. Accessory buildings or structures may be erected as part of the principal building, or may be connected thereto by a common wall or breeze-way that provides entry into the principal building or by a continuous foundation, provided all yard requirements for a principal building are complied with.
    5. In any residence district, R-l, R-2, R-3, no accessory building shall be erected in any yard other than the rear yard, except as provided for in this section, and it shall occupy less than 40% of the rear yard. If more than one lot is being used, the percentage shall be computed on the combined size of the lots.
    6. Accessory buildings shall be limited to 15 feet in height with the sidewalls not exceeding 10 feet in height, and shall be distanced at least 5 feet from all lot lines of adjoining lots which are in any “R” District, 6 feet from any other building or structure on the same lot and at least 6 feet from alley lines, except that when any entrance to an accessory building faces the alley, the accessory building shall be at least 20 feet from any alley line.
    7. A carport or garage for a residence may be in a side yard, provided that a full required side yard is provided between the garage or carport and the side lot line, and the garage or carport is at least 6 feet from any existing building on the same lot.
    8. Accessory buildings exceeding 440 square feet in area shall be constructed of new materials that are the same or similar to the principal building or the existing accessory structures on the lot. Fabric and plastic construction materials are prohibited (hoop buildings). The roof pitch shall be substantially the same as the pitch of the roof of the principal building. The use of old truck boxes or railroad cars is prohibited.
  3. Entry Ways, Porches, Patios and Decks.
    1. Open, screened, or enclosed porches shall be considered part of the principal building and shall comply with the front yard setback requirements. Steps are not considered part of the principal building and may extend up to 5 feet into the front yard.
    2. Entry ways or landings less than 30 square feet are not considered part of the principal building and may extend up to 5 feet into the front yard. Entry ways or landings in excess of 30 square feet shall be considered part of the principal building and shall comply with all the front yard setback requirements.
    3. Patios and Decks, whether attached or detached, shall be considered part of the principal building and shall comply with all front, rear and side yard setback requirements.
165.09 FENCES, WALLS, HEDGES, AND PLANTINGS.

Permits are required for all fences and walls over eighteen inches in height. On corner lots, no fence, wall, hedge or planting that will obstruct vision between a height of two and one-half (2½) feet and ten (10) feet shall be erected in the sight triangle area.

  1. Fences and Walls.
    1. Fences and walls shall be placed no closer than one foot from the front, side and rear yard property lines; unless the rear lot line abuts the alley then the fence/wall shall be placed no closer than five feet from the rear property line. If the property is a corner lot, the “sight triangle area” requirements will take precedence. Fences and walls that are constructed within an easement area are subject to removal when repairs are needed within the easement area and will NOT be replaced.
    2. Fences and walls may be installed on the property line if a notarized statement from all adjoining property owners is provided with the building permit stating they agree to the location and installation of the fence.
    3. Fences and walls shall not exceed three feet in height within the front yard area, four feet in height within the side yard area and six feet in height within the rear yard area.
    4. Fences and walls shall be constructed of materials commonly used for landscaping such as masonry block, lumber, PVC/resin, chain link, wrought iron or natural plantings, but shall not include corrugated sheet metal, barbed wire, chicken wire, salvaged material or be electrified.
    5. All fences and walls shall be erected in the following manner: posts, supporting rails (upper and lower for chain link fences), and other such supporting elements and when constructed shall be on and face the inside of the property in which the fence is located.
  2. Hedges and Plantings.
    1. Front Yard. In a residential district, no hedge, or shrub shall exceed thirty (36) inches in height along the front yard lot line and the front side yard lot lines. Hedges and shrubs planted in front of the house or garage shall be exempt from the height requirements. Hedges, shrubs, and trees shall be planted no closer than three (3) feet from the front yard lot line and three (3) feet from the side yard lot lines.
    2. Side Yard. In a residential district, no hedge, or shrub shall exceed forty-eight (48) inches in height along the side yard lot lines. Hedges and shrubs planted along the house or garage shall be exempt from the height requirements. Hedges, shrubs, and trees shall be planted no closer than three (3) feet from the side yard lot line.
    3. Rear Yard. In a residential district, no hedge or shrub shall exceed six (6) feet in height along the rear yard lot line and the rear side yard lot lines. Hedges and shrubs planted along the house or garage shall be exempt from the height requirements. Hedges, shrubs, and trees shall be planted no closer than five (5) feet from the rear yard lot line and three (3) feet from the side yard lot lines.
165.10 ESSENTIAL SERVICES.

Essential services as defined in Section 165.01 shall be permitted as authorized and regulated by law and other regulations of local governmental bodies, it being the intention hereof to exempt such essential services from the application of the regulations contained in this chapter.

165.11 AGRICULTURE REQUIREMENTS.

Agriculture is hereby declared to be a proper and suitable use of undeveloped property within the corporate limits of the City. Agriculture shall be the predominate use within the A-1 zone. The provisions of Sections 165.14, 165.15 and 165.18 notwithstanding, agriculture may be continued in any R-l, R-2, or I-1 zone until the lot, parcel, or tract of land is developed for use in accordance with the provisions of said sections.

165.12 DISTRICTS ESTABLISHED.

For the purposes of this chapter, the City is hereby divided into six zoning districts to be known as follows:

A-1 Agricultural District
R-1 Low Density Residence District
R-2 Low Density Residence and Professional Office District
R-3 Medium Density Residence District
C-1 Commercial District
I-1 Industrial District

The boundaries of these districts are shown on the Zoning Map of the City, which map is by this reference hereby incorporated herein as a part of this chapter. The Zoning Map is on file in the office of the Clerk. All boundaries of districts are, unless otherwise noted on the Zoning Map, intended to follow street lines, alley lines, lot lines or corporate limit lines, but where a district lines does not clearly coincide with such lines it shall be determined by scaling. Questions concerning the exact location of district boundary lines shall be determined by the Board of Adjustment. All territory which may hereafter be annexed to the City shall be zoned by the City as lying and being in the district most appropriate in accordance with the intent and provisions of the Comprehensive Plan. Such zoning shall occur within a reasonable time after the annexation of such territory.

° ° ° ° ° ° ° ° ° °

165.13 A-1 AGRICULTURAL DISTRICT.
  1. Permitted Uses.
    1. Agriculture and agriculture buildings including farm residence.
    2. Public parks, playgrounds and recreational areas.
    3. Essential services as defined in Section 165.01.
    4. Cemeteries.
    5. Utility substations, booster, or regulating stations.
    6. Places of worship.
    7. Schools, libraries, or similar public cultural uses.
    8. Sale of nursery, greenhouse or other agriculture produce.
    9. Animal hospitals or veterinary clinics.
    10. Airports.
    11. Accessory uses customarily incidental to a permitted principal use.
  2. Height Regulations. No principal structure shall exceed three stories or 35 feet in height and no accessory structure shall exceed 20 feet in height, except as provided in Section 165.06.
  3. Lot Requirements. The following minimum lot area, frontage, and yard requirements shall apply in the A-1 District:
    Lot Area Lot Width Front Yard
    Depth
    Side Yard
    Width
    Rear Yard
    Depth
     N/A  N/A  N/A  N/A  N/A
  4. Parking Requirements. No building shall be erected, enlarged to the extent of increasing the floor are by 25 percent or changed in use in the A-1 District, unless there are provided on the lot or tract of land, parking spaces for automobiles or trucks in accordance with the following minimum requirements.
    1. Two spaces per dwelling unit.
    2. One space per employee employed on the premises at maximum shift.
    3. For schools, libraries, churches or other cultural facilities, one space for each four seats in the principal assembly or seating area.
    4. For facilities for the sale of agriculture produce, one space for each 100 square feet of floor area or outside display area.
  5. Sign Requirements. Signs are prohibited in the A-1 District except as permitted herein. Signs permitted in the A-1 District are:
    1. Small announcement or professional signs, not over 6 square feet in area, except that an advertising sign not over 18 square feet in area, set back at least 20 feet from any highway, street or road, may be erected in connection with any of the permitted principal uses of a nonresidential nature.
    2. Real estate signs of a temporary nature not exceeding two in number per lot no larger than 12 square feet set back 20 feet from any roadway.
    3. Signs not exceeding four square feet in area indicating the type of plant being grown or the type of fertilizer being used.
165.14 R-1 LOW DENSITY RESIDENCE DISTRICT.
  1. Permitted Uses.
    1. One-family detached buildings.
    2. Family homes.
    3. Essential services as defined in Section 165.01.
    4. Places of worship.
    5. Public parks, playgrounds, and recreational areas.
    6. Schools, libraries, or similar public cultural areas.
    7. Accessory uses customarily incidental to a permitted principal use.
  2. Height Regulations. No principal structure shall exceed three stories or 35 feet in height and no accessory structure shall exceed 15 feet in height, except as provided in Section 165.06.
  3. Lot Requirements. The following minimum lot area, frontage, and yard requirements shall apply for one-family detached dwellings and family homes in the R-1 District:
    Lot Area Lot Width Front Yard
    Depth
    Side Yard
    Width
    Rear Yard
    Depth
    8,000 square feet 75 feet
    (with minimum 55′ frontage)
    25 feet
    (at setback)
    8 feet 20 feet
  4. Parking Requirements. No building shall be erected, enlarged to the extent of increasing the floor area by 25 percent or changed in use in the R-1 District, unless there are provided on the lot or tract of land, parking spaces for automobiles or trucks in accordance with the following minimum requirements.
    1. Two spaces per dwelling unit.
    2. For schools, libraries, churches or other cultural facilities, one space for each four seats in the principal assembly area.
  5. Sign Requirements. Signs are prohibited in the R-1 District except as permitted herein. Signs permitted in the R-1 District are:
    1. Real estate signs of a temporary nature not exceeding two in number per lot no larger than 6 square feet set back 10 feet from any highway, street or road.
    2. A wall sign or signs appertaining to a nonconforming use on the premises, one square foot in area except as may be authorized by the Board of Adjustment.
    3. Small announcement or professional signs, not over 6 square feet in area, except that an advertising sign not over 18 square feet in area, set back at least 20 feet from any highway, street or road, may be erected in connection with any of the permitted principal uses of nonresidential nature.

° ° ° ° ° ° ° ° ° °

165.15 R-2 LOW DENSITY RESIDENCE AND PROFESSIONAL OFFICE DISTRICT.
  1. Permitted Uses.
    1. Uses as permitted in Section 165.14.
    2. Two-family dwellings.
    3. Family homes.
    4. Physicians’ and dentists’ offices and private clinics for human care, professional offices of architects, engineers, lawyers, and the like; offices devoted to real estate, insurance, management and enterprises which conduct their activities primarily by mail or telephone and not displaying or handling merchandise on the premises.
  2. Height Regulations. No principal structure shall exceed 3 stories or 35 feet in height and no accessory structure shall exceed 15 feet in height, except as provided in Section 165.06.
  3. Lot Requirements. The following minimum lot area, frontage, and yard requirements shall apply in the R-2 District:
    Lot Area Lot Width Front Yard
    Depth
    Side Yard
    Width
    Rear Yard
    Depth
    7,000 square feet 70 feet
    (with minimum
    50′ frontage)
    25 feet
    (at setback)
    8 feet (1-story)
    10 feet (2-story)
    20 feet
  4. Parking Requirements. No building shall be erected, enlarged to the extent of increasing the floor area by 25 percent or changed in use in the R-2 District, unless there are provided on the lot or tract of land, parking spaces for automobiles or trucks in accordance with the following minimum requirements.
    1. Parking spaces as required in Section 165.14(4).
    2. One space per person employed on the premises at maximum shift plus one space per 200 square feet of floor area or any office use.
  5. Sign Requirements. Signs are prohibited in the R-2 District except as permitted herein. Signs permitted in the R-2 District are:
    1. Signs as permitted in Section 165.14(5).

° ° ° ° ° ° ° ° ° °

165.16 R-3 MEDIUM DENSITY DISTRICT.
  1. Permitted Uses.
    1. Multiple-family dwellings containing three or more dwelling units.
    2. Essential services as defined in Section 165.01.
    3. Mobile home parks.
    4. Accessory uses customarily incidental to a permitted principal use.
  2. Height Regulations. No principal structure shall exceed 4 stories or 45 feet in height and no accessory structure shall exceed 15 feet in height, except as provided in Section 165.06.
  3. Lot Requirements. The following minimum lot area, frontage, and yard requirements shall apply in the R-3 District:
    Lot Area Lot Width Front Yard
    Depth
    Side Yard
    Width
    Rear Yard
    Depth
    3,000 square feet
    per dwelling unit
    100 feet 30 feet 8 feet 30 feet
  4. Parking Requirements. No building shall be erected, enlarged to the extent of increasing the floor area by 25 percent or changed in use in the R-3 District, unless there are provided on the lot or tract of land, parking spaces for automobiles or trucks in accordance with the following minimum requirements.
    1. One and one-half spaces per dwelling unit.
  5. Sign Requirements. Signs are prohibited in the R-3 District except as permitted herein. Signs permitted in the R-3 District are:
    1. Signs as permitted in Section 165.14(5).

° ° ° ° ° ° ° ° ° °

165.17 C-1 COMMERCIAL DISTRICT.
  1. Permitted Uses.
    1. All uses involving retailing commercial services and products, wholesaling and warehousing, fraternal organizations and residences above the ground floor.
    2. Schools, libraries, churches, or similar public culture areas.
    3. Accessory uses customarily incidental to a permitted principal use.
  2. Height Regulations. No principal structure shall exceed five stories or 60 feet in height and no accessory structure shall exceed 25 feet in height, except as provided in Section 165.06
  3. Lot Requirements. The following minimum lot area, frontage, and yard requirements shall apply in the C-1 District:
    Lot Area Lot Width Front Yard
    Depth
    Side Yard
    Width
    Rear Yard
    Depth
     N/A  N/A  N/A  N/A  N/A
  4. Parking Requirements. No building shall be erected, enlarged to the extent of increasing the floor area by 25 percent or changed in use in the C-1 District, unless there are provided on the lot or tract of land, parking spaces for automobiles or trucks in accordance with the following minimum requirements.
    1. One per dwelling unit.
    2. For hotels or motels, one plus one per rentable unit.
    3. For auto or truck service or repair establishments, two per repair bay or mechanic station.
    4. For schools, libraries, churches, or other cultural facilities, one space for each four seats in the principal assembly area.
  5. Sign Requirements. Signs are prohibited in the C-1 District except as permitted herein. Signs permitted in the C-1 District are:
    1. Not more than two advertising signs mounted as pedestal, window, wall, or projecting signs. The total area of signs in square feet cannot exceed three times the number of linear feet the lot abuts the street. Moving signs and signs with flashing illumination are prohibited. No individual sign shall exceed 200 square feet in area.
    2. Directional signs designed to direct the on-premise circulation of motor vehicles.

° ° ° ° ° ° ° ° ° °

165.18 I-1 INDUSTRIAL DISTRICT.
  1. Permitted Uses.
    1. Any use or structure permitted and as regulated in Section 165.17, except as hereinafter modified.
    2. Building or contractor’s plant or storage yard, building material sales and storage yard including concrete mixing, lumber yard including millwork, open yard for storage and sale of feed, fuel or fertilizer.
    3. Automobile salvage and wrecking operations, industrial and waste salvage operations and junk yards provided all operations are conducted within an area enclosed on all sides with a solid wall or fence not less than 8 feet in height, located not less than 200 feet from any “R” District and 100 feet from any “C” District. No pile of salvage, scrap, or other material shall be higher than 8 feet.
    4. Any use of land or of structures engaged in the production, processing, cleaning, servicing, testing, repair or storage of materials, goods, or products not previously allowed.
    5. Veterinary or animal clinics or hospitals.
    6. Accessory uses customarily incidental to a permitted principal use.
  2. Prohibited Uses.
    1. Dwellings, except for watchman or caretaker on the premises.
    2. Schools, hospitals, clinics, or other institutions for human care.
  3. Height Regulations. No principal structure shall exceed 5 stories or 60 feet in height and no accessory structure shall exceed 20 feet in height, except as provided in Section 165.06.
  4. Lot Requirements. The following minimum lot area, frontage, and yard requirements shall apply in the I-1 District:
    Lot Area Lot Width Front Yard
    Depth
    Side Yard
    Width
    Rear Yard
    Depth
    10,000 square feet 100 feet 30 feet 20 feet 30 feet
  5. Parking Requirements. No building shall be erected, enlarged to the extent of increasing the floor area by 25 percent or changed in use in the I-1 District, unless there are provided on the lot or tract of land, parking spaces for automobiles or trucks in accordance with the following minimum requirements.
    1. One space for each employee on maximum shift.
    2. For retail or service uses, one space for each 300 square feet of floor area.
  6. Sign Requirements. Signs are prohibited in the I-1 District except as permitted herein. Signs permitted in the I-1 District are:
    1. Signs as permitted in Section 165.17(5).
    2. Traffic directional signs not exceeding 15 square feet in area which provide information directing vehicle operators to parking, loading, pickup and/or delivery areas.
165.19 PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT.
  1. Intent. Planned Unit Development is intended to encourage a more innovative approach to the development of land by permitting flexibility in design, placement of buildings and the use of open spaces, while at the same time retaining substantially the same population density and area coverage permitted in the district in which the project is located.
  2. District is Overlay. The designation of a parcel or tract of land as a Planned Unit Development shall be considered a rezoning, by the application of the provisions of this Section 165.19 to said tract or parcel of land as an overlay zone. Provided, said tract or parcel shall continue to be considered to be within the zoning district as at the time of application for designation as a Planned Unit Development with the additional designation PUD.
  3. Effect of Overlay. All provisions of this chapter shall continue to apply to a parcel or tract of land designated PUD as if such rezoning had not occurred, except as expressly modified by this Section.
  4. Uses Permitted. In a Planned Unit Development, only the following uses are permitted:
    1. In a residential Planned Unit Development:
      (1) One-, two- and multiple-family dwellings.
      (2) Other uses as permitted in Section 165.15.
      (3) Neighborhood retail uses and those uses permitted in the C-1 Commercial District may be specifically and selectively authorized as to type and size only when integrated by design as an accessory element of the project.
    2. In a Planned Unit Development designed primarily for other than residential uses as permitted above, the uses shall be limited to those permitted in the zoning district in which the use is to be located.In a residential Planned Unit Development, the zoning of areas for commercial uses shall not become effective until one-half of the total number of dwelling units planned is completed.
  5. Common Area Required. In a residential Planned Unit Development there shall be a minimum of ten percent of the total area of the planned area development dedicated or reserved as suitable common open space land. Common open space lands shall be clearly designated on the plan as to character of use and development but shall not include:
    1. Areas reserved for the exclusive use or benefit of an individual tenant or owner, or
    2. Dedicated streets, alleys, and other public right-of-ways, or
    3. Vehicular drives, parking, loading and storage areas.
  6. Signs. Signs shall be permitted subject to the limitations of the basic zoning district within which the sign is to be located.
  7. Layout and Design Requirements. The regulations, requirements and standards of the zoning district in which the Planned Unit Development is to be located shall apply to the layout and design of the total project, as a whole. Where necessary to insure compatibility of buildings and uses with each other and with off-site properties, the Planning and Zoning Commission may recommend and the Council may specify modification of such regulations, requirements and standards. The layout and design shall be subject to the following limitations and exceptions:
    1. Yards. The yard requirements for the district in which the Planned Unit Development is located shall apply to all exterior boundary lines of the site, except as otherwise provided on the approved development plan.
    2. Rear and Side Yard Setback. For buildings and structures exceeding fifteen feet in height, there shall be maintained a distance from side and rear boundaries of the tract or parcel equal to the required yard.
    3. Number of Dwelling Units. The number of dwelling units permitted shall be determined by dividing the net development area of the site by the minimum lot area per dwelling unit required in the district in which the project will be located. Net development area shall be that area remaining after subtracting those portions of the site set aside for nonresidential uses, such as schools, parks and commercial.
    4. Off-Street Parking. The total required off-street parking facilities shall not be less than the sum of the required parking facilities for the various uses computed separately in accordance with Section 165.27.
    5. Height Limitations. Within a PUD, building height limitations may be waived by the Council.
  8. Application for Rezoning to PUD. An application to establish a Planned Unit Development project shall be filed by the owner or owners having title to all of the property in the area proposed for the planned area development on a form prescribed by the Zoning Administrator.
  9. Site Plan Required. The application shall be accompanied by a site plan and such other information which in the judgment of the Zoning Administrator is necessary to fully determine the intent of the applicant.
  10. Contents of the Site Plan. The required site plan shall be drawn at a scale of not less than 1″ = 100′ and shall, as a minimum, show:
    1. The boundary of the PUD.
    2. The type of structures proposed, number, height and size of dwelling units, floor area of office or industrial building, buffers, landscaping, parking area, walls, anticipated expansion and other information deemed necessary to illustrate compliance with the requirements of this chapter.
    3. The general location of streets, utilities, and structures adjacent to and within 200 feet of the boundary of the proposed PUD.
  11. Statement of Intent. An explanatory statement of the general purpose of the project shall accompany the application. The statement shall supplement the map with narrative information. The adoption of the text of the statement specifying the particular nonresidential uses shall constitute a limitation to those specific uses.
  12. Preliminary Plan. The approval of a planned unit development shall be by the Council upon recommendation of the Planning and Zoning Commission subject to procedures required for amendment contained in Section 165.27. A preliminary development plan shall be submitted to the Commission for its review and recommendation. The Commission shall then advise the Council that such plans do or do not comply with the provisions of this chapter. Preliminary approval by the Council shall be binding as to the general intent and apportionment of land and improvements, but shall not be construed to render inflexible the ultimate design, specific uses or final plan of the project.
  13. Final Development Plan. The applicant shall, within one year after the date of the preliminary plan approval by the Council, submit a final development plan for any part or all of the preliminary plan identifying the location and extent of uses and improvement as authorized in the approved preliminary plan and complying with any stipulations of the Council.
  14. Effect on Platting. Nothing contained herein shall be construed as relieving the owner of the obligation to prepare plats in accordance with Chapter 354, Code of Iowa. However, the preliminary development plan may be considered a preliminary plat and the final development plan may be considered a final plat, provided said plans contain the plat information required by Chapter 354, Code of Iowa.
  15. Site Size. A Planned Unit Development project in a residential district shall contain an area of not less than two acres, in other areas not less than three acres.

° ° ° ° ° ° ° ° ° °

165.20 NONCONFORMING USES.
  1. Continuing Existing Uses. Any building, structure or use lawfully existing at the time of enactment of the regulations contained in this chapter maybe continued, except certain nonconforming uses as provided in this section. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Zoning Administrator.
  2. Exceptions to Continued Use.
    1. Any nonconforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or act of God may be reconstructed and used as before if it be done within twelve months of such calamity, if damaged less than 50% of its fair market value, as determined by the Board of Adjustment, at the time of such damage. If damaged more than 50% of its fair market value as determined by the Board of Adjustment, such building shall only be reconstructed in accordance with the provisions of this chapter.
    2. No building, structure, or premises where a nonconforming use has been or may be discontinued for more than one year or has been or may be changed to a use permitted in the district in which it is located shall again be devoted to a nonconforming use.
    3. Any nonconforming use of land not involving any structure and any nonconforming outdoor advertising sign or outdoor advertising structure may be continued for a period not to exceed three years after enactment of the regulations contained in this chapter, whereupon such nonconforming use shall cease or structure shall be removed.
165.21 ZONING ADMINISTRATOR.

The Zoning Administrator shall be appointed by the Mayor with the approval of the Council. The Zoning Administrator shall enforce the regulations contained in this chapter and in addition thereto and in furtherance of said authority shall have the following powers and duties:

  1. Issue all building permits and make and maintain records thereof;
  2. Conduct inspection of buildings, structures, and use of land to determined compliance with the terms of the regulations;
  3. Maintain permanent and current records of the regulations, including, but not limited to, all maps, amendments, variances, appeals and applications thereof:
  4. Forward to the Zoning Commission all applications for amendments to the regulations;
  5. Transmit to the Board of Adjustment applications for appeals, variances, or other matters on which the Board of Adjustment is required to pass under this chapter;
  6. Issue occupancy permits regulating the erection of buildings or structures and use of land for periods not to exceed ten days for specific purposes such as temporary carnivals, churches, charities, and revival meetings which are not detrimental to the public health, safety, morals, comfort, convenience or general welfare; provided, however, that said use of operation and any incidental temporary structures or tents are in conformance with all other ordinances and codes of the County and City.
165.22 BUILDING PERMITS.
  1. Required. It is unlawful to erect or enlarge any building structure without first having applied in writing to the Zoning Administrator for a permit to do so, and without first receiving said permit. No building or addition thereto constructed after the effective date of the regulations contained in this chapter and no addition to a previously existing building shall be occupied and no land vacant on said effective date shall be used for any purpose until a building permit has been issued by the Zoning Administrator. No change in a use, other than that of a permitted use to another similar permitted use, shall be made until a change in use permit has been issued by the Zoning Administrator. Every occupancy permit shall state that the use or occupancy complies with the provisions of these regulations.
  2. Application. Every application for a building permit shall be accompanied by plans and plot plan showing the actual shape and dimensions of the lot to be built upon, the location, size, and height of the building or structure to be erected or altered, the existing and intended use of each building or part, the proposed number of families or housekeeping units, and such other information with regard to the lot and neighboring lots as may be necessary for the enforcement of this chapter.
  3. Issuance. No building permit for a building (or portion thereof) constructed after the effective date of the regulations contained in this chapter shall be issued until the premises has been inspected and certified by the Zoning Administrator to be in conformity with the plans and specifications upon which the building permit was based.
  4. Expiration. All permits shall expire nine months after the date of approval.
165.23 BOARD OF ADJUSTMENT.

There is established a Board of Adjustment of the City comprised of five members, appointed by the Mayor and approved by the Council. Each member shall be a resident of the City. Membership of any member so appointed shall automatically terminate if the member ceases to be a resident of the City. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. The term of appointment for each member shall be five years with the first Board serving for respective terms of five, four, three, two and one year in order to stagger the terms. Vacancies shall be filled by appointment for the unexpired term only.

165.24 DUTIES OF BOARD.

The Board shall have the following powers and duties:

  1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.
  2. To hear and decide special exceptions to the terms of this chapter.
  3. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
165.25 RULES OF THE BOARD.

The business of the Board shall be conducted at public meetings, following due notice to the public in accordance with Iowa law. Said meetings shall be conducted at the call of the chairperson and at such other times as the Board may determine. Such chairperson, or in the absence of the chairperson, the acting chairperson, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. Decisions of the Board shall be by concurring vote of three or more members of the Board. The Board shall adopt, and may from time to time amend, bylaws governing its conduct of meetings, provided such bylaws shall be in accordance with the provisions of this chapter and the provisions of Chapter 414 of the Code of Iowa.

165.26 APPEALS TO THE BOARD.

Appeals to the Board may be brought by any person aggrieved or by any officer of the City affected by any decision of the Zoning Administrator. Such appeal shall be filed within sixty days of the decision of the Zoning Administrator which is being appealed. Such appeal shall be filed in writing with the Zoning Administrator. The Zoning Administrator shall forthwith transmit the notice of appeal and all papers constituting the record of the action appealed from to the members of the Board of Adjustment.

165.27 CHANGES AND AMENDMENTS.

These regulations, restrictions and boundaries may, from time to time, be amended, supplemented, changed, modified or repealed. In case, however, of a written protest against a change or repeal which is filed with the Clerk and signed by the owners of twenty percent or more of the area of the lots included in the proposed change or repeal, or by the owners of twenty percent or more of the property which is located within two hundred feet of the external boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council. All requests for amendments, unless initiated by the Planning and Zoning Commission or the Council, shall be filed with the Zoning Administrator. Prior to taking action on any such amendment, the Council shall refer said amendment to the Planning and Zoning Commission and shall afford the Commission the opportunity to make recommendations thereon. The Council shall provide for the manner in which the regulations and restrictions and the boundaries of the districts shall be determined, established and enforced and from time to time amended, supplemented or changed. However, the regulation, restriction or boundary shall not become effective until after a public hearing, at which parties in interest and citizens shall have an opportunity to be heard. The notice of the time and place of the hearing shall be published as provided in Section 362.3, Code of Iowa, except that at least seven days notice must be given and in no case shall the public hearing be held earlier than the next regularly scheduled Council meeting following the published notice.

165.28 MANUFACTURED HOMES.

Manufactured homes are a permitted use in the R-1 and R-2 Districts if they are located and installed to the same standards, including but not limited to a foundation system, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot.

EDITOR’S NOTE

The following ordinances, not codified herein, which amend the Official Zoning Map as provided in Section 165.12, have been adopted:

ORDINANCE ADOPTED ORDINANCE ADOPTED
7 June 16, 1992
11 July 9, 1992
14 July 6, 1993
19 January 10, 2000