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Ankeny Overview
Ankeny, IA, Iowa Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF ANKENY, IOWA
TABLE OF CONTENTS
SUPPLEMENT RECORD
GENERAL CODE PROVISIONS
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 VOTING PRECINCTS
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 7A PROPERTY TAX EXEMPTION FOR SPECULATIVE SHELL BUILDINGS
CHAPTER 8 URBAN RENEWAL
CHAPTER 9 URBAN REVITALIZATION
CHAPTER 10 HOTEL/MOTEL TAX
CHAPTER 11 SPECIAL EVENTS
CHAPTER 12 THE USE AND TRANSFER OF SPECIAL ASSESSMENT COLLECTIONS
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 CITY MANAGER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 LIBRARY BOARD OF TRUSTEES
CHAPTER 22 PLAN AND ZONING COMMISSION
CHAPTER 23 PARK BOARD
CHAPTER 24 CIVIL SERVICE COMMISSION
CHAPTER 25 ANKENY CULTURAL ARTS BOARD
CHAPTER 26 ANKENY SPORTS COMPLEX FOUNDATION, INC.
CHAPTER 27 MAYOR’S YOUTH COUNCIL
CHAPTER 28 BOARD OF EXAMINERS AND APPEALS
CHAPTER 29 AIRPORT ZONING COMMISSION
CHAPTER 30 ECONOMIC DEVELOPMENT COUNCIL
CHAPTER 31 HUMAN RIGHTS COMMISSION
CHAPTER 35 POLICE DEPARTMENT
CHAPTER 36 FIRE DEPARTMENT
CHAPTER 37 HAZARDOUS MATERIALS
CHAPTER 38 FALSE FIRE ALARMS
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 43 DRUG PARAPHERNALIA
CHAPTER 44 NOISE CONTROL
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 PARK REGULATIONS
CHAPTER 48 RESIDENCY RESTRICTIONS FOR SEX OFFENDERS
CHAPTER 49 CAMPING
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DOG AND CAT LICENSES REQUIRED
CHAPTER 57 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 58 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 ONE-WAY TRAFFIC
CHAPTER 69 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE AND PERSONAL TRANSPORATION DEVICES REGULATIONS
CHAPTER 77 BICYCLE REGISTRATION
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 81 RAILROAD REGULATIONS
CHAPTER 82 MULTI-USE RECREATIONAL TRAILS
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 BACKFLOW PREVENTION
CHAPTER 94 CONNECTION REQUIREMENTS FOR MAJOR SANITARY SEWER AND WATER MAIN FACILITIES
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 ON-SITE WASTEWATER SYSTEMS
CHAPTER 98 SEWER USE CHARGE
CHAPTER 99 SEWER CONNECTION DISTRICTS
CHAPTER 100 REGULATION OF INDUSTRIAL WASTEWATER
CHAPTER 101 REGULATION OF FAT, OIL AND GREASE DISCHARGE BY FOOD SERVICE ESTABLISHMENTS
CHAPTER 102 REGULATION OF HAULED WASTE
CHAPTER 103 FOOTING DRAIN DISCONNECTION PROGRAM
CHAPTER 105 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 106 STORMWATER UTILITY
CHAPTER 107 STORMWATER MANAGEMENT FEES
CHAPTER 110 SOLID WASTE CONTROL
CHAPTER 111 COLLECTION OF SOLID WASTE
CHAPTER 112 MUNICIPAL RECYCLING
CHAPTER 113 SOLID WASTE ENTERPRISE FUND - CURBSIDE RECYCLING AND LEAF, TREE, BRANCH AND MISCELLANEOUS ITEM COLLECTION SYSTEM
CHAPTER 115 NATURAL GAS FRANCHISE - MID-AMERICAN
CHAPTER 116 NATURAL GAS AND ELECTRIC FRANCHISE - CONSUMERS ENERGY
CHAPTER 117 ELECTRIC FRANCHISE
CHAPTER 118 TELEPHONE FRANCHISE
CHAPTER 119 CABLE TELEVISION FRANCHISE
CHAPTER 120 CABLE TELEVISION REGULATIONS
CHAPTER 121 NATURAL GAS FRANCHISE - BLACK HILLS ENERGY
CHAPTER 122 NON-FRANCHISE UTILITY ACCOMMODATION
CHAPTER 130 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 131 CIGARETTE AND TOBACCO PERMITS
CHAPTER 132 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 133 HOUSE MOVERS
CHAPTER 135 ALARM SYSTEMS
CHAPTER 136 LICENSING OF MECHANICAL CONTRACTORS
CHAPTER 137 LICENSING OF PLUMBERS
CHAPTER 138 LICENSING OF ELECTRICIANS
CHAPTER 139 MASSAGE THERAPISTS
CHAPTER 140 SEXUALLY ORIENTED BUSINESSES
CHAPTER 141 PAWNBROKERS
CHAPTER 142 MOBILE FOOD VENDORS
CHAPTER 143 ENTERTAINMENT DISTRICT
CHAPTER 150 STREET USE AND MAINTENANCE
CHAPTER 151 EXCAVATIONS
CHAPTER 152 SIDEWALK REGULATIONS
CHAPTER 153 VACATION AND DISPOSAL OF STREETS
CHAPTER 154 STREET GRADES
CHAPTER 155 NAMING OF STREETS
CHAPTER 156 DRIVEWAYS
CHAPTER 157 MAILBOXES
CHAPTER 158 CONTROLLED ACCESS FACILITIES
CHAPTER 165 BUILDING NUMBERING
CHAPTER 166 TREES
CHAPTER 167 NOXIOUS WEEDS
CHAPTER 168 DRAINAGE CHANNELS
CHAPTER 169 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 175 BUILDING CODE
CHAPTER 176 MECHANICAL CODE
CHAPTER 177 PROPERTY MAINTENANCE AND HOUSING CODE
CHAPTER 178 PLUMBING CODE
CHAPTER 179 ELECTRICAL CODE
CHAPTER 180 FIRE CODE
CHAPTER 181 FUEL GAS CODE
CHAPTER 182 EXISTING BUILDING CODE
CHAPTER 183 SWIMMING POOL AND SPA CODE
CHAPTER 184 RESIDENTIAL CODE
CHAPTER 190 ZONING ORDINANCE DEFINITIONS
CHAPTER 191 ZONING ORDINANCE GENERAL REGULATIONS
CHAPTER 192 ZONING ORDINANCE DISTRICT REGULATIONS
CHAPTER 193 ZONING ORDINANCE FLOOD PLAIN REGULATIONS
CHAPTER 194 ZONING ORDINANCE PARKING, LOADING AND SCREENING
CHAPTER 195 ZONING ORDINANCE SIGNS
CHAPTER 196 ZONING ORDINANCE NONCONFORMING USES, EXCEPTIONS AND AMENDMENTS
CHAPTER 197 ZONING ORDINANCE ADMINISTRATION
CHAPTER 200 SUBDIVISION REGULATIONS
CHAPTER 201 ANKENY REGIONAL AIRPORT ZONING
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192.03 R-1 ONE-FAMILY RESIDENCE DISTRICT.
The R-1 District is intended and designed to provide for certain low-density residential areas of the City, now developed primarily with one-family detached dwellings, and to provide for areas where residential development seems likely to occur.
1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-1 District:
   A.   One-family dwellings.
   B.   Churches, cathedrals, temples and similar places of worship, provided that all principal buildings are set back a minimum of 35 feet from all property lines.
   C.   Public and parochial schools, elementary and secondary and other educational institutions having an established current curriculum the same as ordinarily given in City public schools, but excluding boarding schools, nursery schools and child care centers, provided that all principal buildings are set back a minimum of 35 feet from all property lines.
   D.   Fire stations, libraries, city halls, police stations or other buildings owned by the City and used for any public purpose, including its use by any bona fide civic group, service club or merchants, group, may be permitted by the Council in an R-1 zoning district, or in any other zoning district, after notice and hearing pursuant to Section 362.3, Code of Iowa. Notice of the hearing shall be mailed to the record owners of all real estate lying within 250 feet of the boundaries of the tract of real estate to be put to such use, the notice to be mailed no less than seven days prior to the hearing.
   E.   Publicly owned parks, playgrounds, golf courses, and recreation areas.
   F.   Agricultural uses, including nurseries and truck gardens, provided that no offensive odors or dust are created and that no retail sales are permitted on the premises.
2.   Permitted Accessory Uses. Permitted accessory uses in the R-1 District are as follows:
   A.   Uses of land or structures customarily incidental and subordinate to one of the permitted principal uses, unless otherwise excluded.
   B.   Private garage or carport; garden houses; greenhouses; tool houses; playhouses and accessory recreational facilities.
   C.   The taking of boarders or the leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed two per building.
   D.   Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work, or shall be converted to an approved permitted use.
   E.   Temporary use of a dwelling structure within a new subdivision for use as a job office and real estate office for the subject subdivision, which use shall terminate upon completion or abandonment of the project.
   F.   Signs as regulated in Chapter 195.
   G.   Child day care for six or fewer children.
3.   Size and Area Regulations. The following minimum requirements shall be observed in the R-1 District subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Lot Area: 10,200 square feet (one acre where public sewer and water are not available);
   B.   Lot Width: 85 feet;
   C.   Front Yard: 35 feet;
   D.   Side Yards:
One story:
   Total side yard – 18 feet
   Minimum on one side – 8 feet
More than one story:
   Total side yard – 20 feet
   Minimum on one side – 10 feet
Churches and schools – 35 feet on each side.
   E.   Rear Yard: 35 feet;
   F.   Maximum Height:
Principal building, if dwelling – 35 feet
Principal building, if other than dwelling – 45 feet
Garage – 14 feet
Accessory building, other than garage – 12 feet;
   G.   Maximum Number of Stories:
Principal building – 3 stories
4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01.
192.04 R-2 ONE-FAMILY AND TWO-FAMILY RESIDENCE DISTRICT.
The R-2 District is intended and designed to provide for certain low-density residential areas of the City now developed with one-family and two-family dwellings, and to provide for areas where similar residential development seems likely to occur.
1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-2 District:
   A.   Any use permitted in the R-1 District.
   B.   One-family and two-family dwellings.
   C.   Conversions of one-family dwellings into two-family dwellings in accordance with the lot area, frontage, height, and yard requirements of this section.
   D.   Subdivision of a duplex lot into two lots when a conforming two-family attached dwelling is divided by a vertical party wall with a common lot line under the vertical party wall provided one side yard, the front yard, and the rear yard setbacks are met; a party wall agreement is recorded with the Polk County Clerk and Recorder; and all utility, building, and life safety codes are in compliance.
2.   Permitted Accessory Uses. Permitted accessory uses in the R-2 District are as follows:
   A.   Accessory uses permitted in and as limited in the R-1 District.
   B.   Home occupations, provided that there is conformance to the following:
      (1)   Such use shall be conducted entirely within a dwelling and solely by members of the family residing in the same dwelling, and shall not exceed one-half of the floor area of one floor.
      (2)   No exterior indications of the home occupation shall be permitted.
      (3)   Such use shall not require mechanical equipment not customary in dwellings or cause or produce unreasonable noise, vibration, smoke, dust, odors, heat, or glare, or in any way be detrimental to the neighborhood.
      (4)   Such use shall not substantially increase traffic in the neighborhood.
   C.   Group day care homes, subject to the following provisions:
      (1)   There is provided for each child a minimum of 75 square feet of usable outdoor play space, which space shall be confined to the rear yard of the property and entirely enclosed by a fence of not less than 42 inches in height; and
      (2)   There is provided adequate space for the dropping off and picking up of children with no adverse impact on the surrounding properties.
3.   Area and Size Regulations. The following minimum requirements shall be observed in the R-2 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03:
   A.   Lot Area:
      One-family dwelling – 8,500 square feet;
      Two-family dwelling – 10,500 square feet.
   B.   Lot Width:
      One-family detached dwelling – 70 feet;
      One-family attached dwelling – 40 feet;
      Two-family attached dwelling – 85 feet.
   C.   Front Yards:
      Residential – 30 feet.
      Churches and Schools – 35 feet.
   D.   Side Yards:
One story:
   Total side yard – 15 feet
   Minimum on one side – 7 feet
   Minimum for the attached dwelling open side yard – 7.0 feet
More than one story:
   Total side yard – 17 feet
   Minimum on one side – 8 feet
   Minimum for the attached dwelling open side yard – 8.0 feet
Churches and schools – 35 feet on each side.
   E.   Rear Yard: 35 feet.
   F.   Maximum Height:
Principal building if dwelling – 35 feet.
Principal building, if other than dwelling – 45 feet.
Garage – 14 feet.
Accessory building, other than garage – 12 feet.
   G.   Maximum Number of Stories:
Principal building – 3 stories.
4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
192.05 R-3 MULTIPLE-FAMILY RESIDENCE DISTRICT.
The R-3 District is intended and designed for certain medium-density residential areas of the City now developed with one-family, two-family and multiple-family dwellings, and for areas where similar residential development seems likely to occur.
1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-3 District:
   A.   Any use permitted in the R-2 District.
   B.   Multiple dwellings including row dwellings consisting of not more than six units in a continuous row, and condominium dwellings.
   C.   Apartment hotels, provided that not more than thirty percent of all dwelling units may be used for transient occupancy.
   D.   Boardinghouses and rooming houses.
   E.   Institutions of a religious, educational, or philanthropic nature, including libraries.
   F.   College and universities, both public and private, including administrative buildings, classrooms, dormitories, athletic facilities, and similarly related structures, but excluding commercial trade schools and business colleges.
   G.   Nursing, convalescent and retirement homes.
   H.   College fraternities and sororities if recognized by the local college or university.
   I.   Private clubs, lodges or veterans organizations, excepting those holding a beer permit or liquor license.
2.   Permitted Accessory Uses. Permitted accessory uses in the R-3 District are as follows:
   A.   Accessory uses permitted in and as limited in the R-2 District.
   B.   Beauty parlors and barbershops when conducted solely by resident occupants in their bona fide and primary residence, provided that not more than twenty-five percent of one floor shall be used for such purpose.
3.   Area and Size Regulations. The following minimum requirements shall be observed in the R-3 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Lot Area:
One-family detached dwelling – 8,000 square feet
One-family attached dwelling – 5,000 square feet
Two-family dwelling – 10,000 square feet
Multiple-family dwelling or other permitted use containing three dwelling units – 12,500 square feet, and an additional 1,500 square feet for each dwelling unit thereafter.
   B.   Lot Width:
One-family detached dwelling – 65 feet
One-family attached dwelling – 40 feet
Two-family dwelling – 75 feet
Multiple-family dwelling and other permitted uses – 100 feet
Row dwelling – 85 feet minimum for up to three units, and 25 feet for each additional unit.
   C.   Front Yard:
Residential – 30 feet
Churches and schools – 35 feet
   D.   Side Yards:
One- and two-family dwelling units:
One story:
   Total side yard – 15 feet
   Minimum on one side – 7 feet
   Minimum for an attached dwelling open side yard – 7 feet
More than one story:
   Total side yard – 17 feet
   Minimum on one side – 8 feet
   Minimum for an attached dwelling open side yard – 8 feet
Multiple-family dwelling units:
One story:
Total side yard – 20 feet;
Minimum on one side – 8 feet;
More than one story and less than three stories:
Total side yard – 22 feet;
Minimum on one side – 9 feet;
Three stories and more up to 45 feet
Total side yard – 24 feet;
Minimum on one side – 10 feet;
Structures above 45 feet - See height regulations (paragraph F of this subsection).
Churches and schools: 35 feet on each side
   E.   Rear Yard: 35 feet plus one foot for each foot of building above 35 feet.
   F.   Maximum Height:
Principal building – 45 feet; except that for each foot that the building or a portion of it is set back beyond the required front, side and rear yards, one foot may be added to the height limit of such building or portion thereof. No building, however, shall exceed 125 feet.
Garage – 14 feet
Accessory building, other than garage – 12 feet.
   G.   Maximum Number of Stories:
Principal building – no limitation
Accessory building – one story
4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
192.06 R-3A PLANNED MULTIPLE-FAMILY RESIDENCE DISTRICT.
The R-3A District is intended to provide for the orderly development or redevelopment of tracts of land on a unit basis in order to allow a greater flexibility of land use and building locations than is allowed in the conventional R-3 District.
1.   Principal Permitted Uses. Only the uses of structures or land permitted in the R-3 District shall be allowed.
2.   Permitted Accessory Uses. All accessory uses permitted in and as allowed in the R-3 District shall be permitted.
3.   Area and Size Regulations. Permitted lot area and yard and height requirements shall be as set out below, which shall prevail over conflicting requirements of the R-3 District or the Subdivision Ordinance of the City.
   A.   The minimum lot and yard requirements of the R-3 District shall not apply, except that the minimum front yard specified in said district, or suitable screening or buffering, shall be provided around the boundaries of the development. In the absence of an appropriate physical barrier, the Council and Commission may require that open space or screenings be located along all or a portion of the development boundaries. The height requirements of the R-3 District shall apply.
   B.   Spaces of off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
   C.   All public streets, water mains, sanitary sewer, and storm sewer facilities shall comply with appropriate ordinances and specifications of the City.
   D.   Any land gained within the development because of the clustering of dwelling units or structures as permitted in this section may be dedicated to the City or retained in private ownership as common land. The dedication of land to the City shall be referred to the park board for recommendation and report. Common land, as used in this section, refers to land retained in private ownership for the use of the residents of the development or to land dedicated to the general public.
   E.   The maximum number of dwelling units per acre shall not exceed the maximum allowed in the R-3 District.
4.   Petition to Develop; Preliminary Site Plan Required. The owner or owners of any tract of land may petition the Council, in accordance with the provisions of Section 196.04 of this Zoning Ordinance, for a change to the R-3A zoning district classification. Said petition shall be accompanied by 15 copies of the preliminary site plan of the proposed development, showing in schematic form the location of all the following:
   A.   Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;
   B.   Parking areas;
   C.   Access drives;
   D.   Streets abutting or within the proposed development;
   E.   Walks;
   F.   Site topographic features;
   G.   Landscaping and planting areas;
   H.   Required peripheral yards;
   I.   Common land, recreation areas and parks;
   J.   Existing and proposed utilities and easements.
5.   Commission Review. The petition and all attachments shall be referred to the Plan and Zoning Commission for study and report after public hearing. The Commission shall review the conformity of the proposed development with the standards of the comprehensive plan and with recognized principles of civic design, land use planning, and landscape architecture. After public hearing, the Commission may approve or disapprove the preliminary plan and request for rezoning as submitted, or require that the petitioner amend the plan to preserve the intent and purpose of this Zoning Ordinance.
6.   Council Review. The petition and preliminary plan along with the Commission’s recommendations on the request for rezoning shall then be referred to the Council. The Council, after public hearing, may approve or disapprove the preliminary plan and request for rezoning, as reported, or may require such changes as are necessary to preserve the intent and purpose of this Zoning Ordinance.
7.   Final Site Plan and Final Plat Required.
   A.   If the Council approves a preliminary plan and request for rezoning, the applicant shall submit 15 copies of a final site plan and one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the R-3A Final Site Plan, showing in detail the location of all the following:
      (1)   Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;
      (2)   Parking areas;
      (3)   Access drives;
      (4)   Streets abutting or within the proposed development;
      (5)   Walks;
      (6)   All proposed walls and fences;
      (7)   Landscaping and plant material;
      (8)   Required peripheral yards;
      (9)   Common land, recreation areas, and parks;
      (10)   Existing and proposed utilities and public easements;
      (11)   Storm and sanitary sewer lines;
      (12)   Water mains.
      (13)   Any additional information the Department Director determines is required to evaluate the proposed R-3A plan.
   B.   If the proposed development includes common land which will not be dedicated to the City, the final site plan shall be accompanied by the documents as required in subsection 191.08.
   C.   A final plat shall be submitted with the final site plan. The plat shall show building lines, lots, and/or blocks, common land, any park land, streets, easements and other applicable items required by Chapter 200 Subdivision Regulations of this Code of Ordinances. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the Polk County Clerk and Recorder.
8.   Final Site Plan Approval .
   A.   The final site plan and required documents shall be reviewed by the Commission for compliance with the provisions set forth in subsection 3 of this section and substantial compliance with the preliminary site plan. The Commission’s recommendations and report on the final development plan shall be referred to the Council. The Council shall review the final site plan and approve it if it complies with the provisions set forth in subsection 3 and is in substantial compliance with the preliminary site plan.
   B.   In the event that the owner or owners fail to submit a final site plan in substantial compliance with the preliminary site plan within two years after Council approval of the preliminary plan, the Council may, on its own motion, cause the property to be rezoned to its original classification in accordance with the provisions of Section 196.04 of this Zoning Ordinance.
   C.   No building permits shall be issued for any structure within the district to be constructed in variance with the final site plan, unless specifically authorized by appropriate Council resolution.
9.   Development; Single-Family Dwellings. In areas of the proposed development which will be developed with unattached, single-family dwellings only, the owner may designate arrangements of lots and/or blocks to be developed in accordance with R-1, R-2, or R-3 District zoning requirements. Such designation shall be noted on the preliminary site plan, final site plan, and the final plat. Said property shall be developed in accordance with the requirements of the zoning district specified, and it shall not be necessary to show the locations of buildings, garages, parking areas, access drives, landscaping areas, walls, patios, and/or fences on the preliminary site plan, or on the final site plan for designated areas.
192.07 R-5 MOBILE HOME RESIDENCE DISTRICT.
The R-5 District is intended and designed to provide for certain medium-density residential areas of the City now developed with mobile home parks, which by reason of their design and location are compatible with surrounding residential areas and areas where similar development seems likely to occur.
1.   Occupancy Outside Park Restricted. It is unlawful to use or occupy a mobile home as a dwelling place outside a mobile home park, unless such mobile home has been converted to real estate as provided by State law and meets with all the requirements of the building, plumbing, health, sanitary, electrical, and zoning ordinances of the City.
2.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the R-5 District.
   A.   Any use permitted in the R-2 District.
   B.   Mobile home park, in accordance with the provisions of subsection 5 of this Section 192.08.
3.   Permitted Accessory Uses. Permitted accessory uses in the R-5 District are as follows:
   A.   Accessory uses permitted in and as limited in the R-2 District.
   B.   Service buildings as required by subsection 5 below.
4.   Area and Size Regulations. The following minimum requirements shall be observed in the R-5 District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance.
   A.   For any permitted use excepting a mobile home park, the minimum requirements shall be the same as those set out for the R-2 District.
   B.   For any mobile home park, the requirements shall be as follows:
      (1)   The minimum total area shall be three (3) acres.
      (2)   Each yard abutting on a public street shall be considered a front yard and shall be a minimum of 50 feet.
      (3)   All other yards, whether side or rear, shall be a minimum of 50 feet when adjacent to any other R district and 30 feet when adjacent to a C or M district.
      (4)   The minimum mobile home space excluding yard requirements shall measure at least 50 by 80 feet.
      (5)   Mobile homes shall be located on each space so that there will be at least a 20-foot clearance between each mobile home; a 10-foot open space between the mobile home, including any permanently enclosed appendage and any driveway, walkway or mobile home space boundary; and a 10-foot open space at the rear of the mobile home.
5.   Mobile Home Park Storm Shelters.
   A.   General Requirements. Every mobile home park of ten or more mobile home spaces which is constructed after the effective date of the ordinance codified in this section shall be provided with above or below-grade storm shelters which shall:
      (1)   Have a minimum floor area of seven square feet (7 SF) for each mobile home space in said mobile home community;
      (2)   Be designed by a licensed structural engineer or architect and built in accordance with plans as approved by the City Engineer, Building Official or licensed structural engineer or architect;
      (3)   Be designed and constructed to meet all Federal Emergency Management Agency (FEMA) requirements and guidelines if the shelter is located in a flood plain;
      (4)   Be designed and constructed to meet the minimum lighting, ventilation and exiting requirements of the applicable City and State currently adopted construction and installation codes;
      (5)   Be designed and constructed to meet all applicable requirements of the Americans with Disabilities Act (ADA);
      (6)   Be located no farther than 1,320 linear feet from the furthest mobile home space in the mobile home community;
      (7)   Provide area for the parking of cars of residents who drive to the facility. This is not intended to require a structure built solely as a shelter to provide a paved parking lot.
   B.   Additions to Existing Mobile Home Parks. For any addition of ten or more mobile home spaces to any existing mobile home park, a storm shelter which complies with the general requirements of paragraph A of this subsection shall be provided to serve such additional spaces. For any addition of fewer than ten mobile home spaces to an existing mobile home park which otherwise complies with the requirements of subparagraph (1) or (6) of paragraph 5A, there is no requirement that an additional shelter be provided to serve such additional spaces. Provided, however, when two or more such additions of fewer than ten mobile home spaces results in a cumulative addition of ten or more mobile home spaces to a mobile home park which otherwise complies with the requirements of said subparagraphs, a storm shelter which complies with the general requirements of paragraph 5A of this subsection shall be provided to serve such additional spaces.
   C.   Restroom Facilities. Restroom facilities in required storm shelters are not mandatory. When restrooms are installed, toilets may be either flush-type operating from normal water supply, chemical, or other approved types.
   D.   Access to Shelters. The mobile home park owner, or such owner’s designated agent or representative, shall be responsible for making the storm shelter accessible and usable in times of need. It is unlawful for any required storm shelter to be used for storage purposes if such storage reduces the minimum floor area available for shelter of persons below the requirements of paragraph 5(A)(1) of this section.
   E.   Existing Nonconforming Mobile Home Parks. Any mobile home park of ten or more mobile home spaces which has an existing above or below-grade storm shelter as of the effective date of the ordinance codified in this section which does not conform with the requirements of this section, shall be deemed a nonconforming mobile home park with regard to the requirements for storm shelters and may continue to exist as a nonconforming mobile home park for so long as said existing shelter remains in place and usable; provided, however, that any mobile home spaces added to such park after the effective date of the ordinance codified in this section shall require storm shelters as provided in paragraph 5B of this section.
6.   Petition to Develop.
   A.   Each petition for a change to the R-5 Zoning district classification submitted to the Council shall be accompanied by a mobile home park plan. Said plan shall show each mobile home space, the water, electrical and sewer lines or septic tank location serving each trailer space, the location of garbage cans, water hydrants, service buildings, driveways, walkways, recreation areas, required yards, parking facilities, lighting, and landscaping.
   B.   The plan shall be considered by the Plan and Zoning Commission and the Council, who may approve said plan or require such changes thereto as are deemed necessary to effectuate the intent and purpose of this section.
192.08 C-1 NEIGHBORHOOD RETAIL COMMERCIAL DISTRICT.
The C-1 District is intended to provide for the convenience shopping of persons living in neighborhood residential areas and for general uses and activities of a retail and personal service character. Only those uses are permitted which are necessary to satisfy the local needs which occur so frequently as to require commercial facilities in proximity to residential areas. In addition, low-intensity business and professional offices are permitted.
1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the C-1 District:
   A.   Any uses permitted in the R-3 District, provided that any new residential uses shall be located only in mixed use buildings that also contain, usually on the first floor, other allowable commercial or office uses.
(Ord. 2054 - Apr. 21 Supp.)
   B.   Retail businesses or service establishments, such as the following:
      (1)   Antique shops,
      (2)   Apparel shops,
      (3)   Art shops,
      (4)   Automotive stores for the retail sale of automotive parts, supplies and accessories; provided, that all merchandise sold or services performed shall be within an enclosed building or structure, and specifically excluding body and fender shops, automotive repair shops, and junk shops or junkyards,
      (5)   Baby and children stores,
      (6)   Bakeries or bakery outlets - retail sales only,
      (7)   Banks, savings and loan associations, and similar financial institutions,
      (8)   Bicycle shops, sales and repairs;
      (9)   Bookstores,
      (10)   Camera stores,
      (11)   Clothes cleaning and laundry pickup stations,
      (12)   Collection offices of public utility companies,
      (13)   Confectionery stores, including ice cream or snack bars,
      (14)   Dairy stores - retail only,
      (15)   Dance studios and physical culture establishments,
      (16)   Delicatessens,
      (17)   Drugstores,
      (18)   Dry goods stores,
      (19)   Florist shops and greenhouses,
      (20)   Funeral homes and mortuaries,
      (21)   Furniture stores,
      (22)   Gas stations, including minor automobile repairs as accessory but not principal use,
      (23)   Gift shops,
      (24)   Grocery stores including supermarkets,
      (25)   Hardware stores,
      (26)   Hobby shops,
      (27)   Household appliances sales and repair,
      (28)   Jewelry stores and watch repair shops,
      (29)   Key shops,
      (30)   Launderettes, coin-operated dry-cleaning establishments, and dry-cleaning or pressing establishments using only nonflammable solvents,
      (31)   Locker plants for storage and retail sales only,
      (32)   Leather goods stores,
      (33)   Music stores,
      (34)   Music studios,
      (35)   Paint and wallpaper stores,
      (36)   Photographic studios,
      (37)   Post office substations,
      (38)   Radio and television sales and repair shops,
      (39)   Restaurants,
      (40)   Shoe and hat repair shops,
      (41)   Sporting goods stores,
      (42)   Tailor and dressmaking shops,
      (43)   Theaters,
      (44)   Toy stores,
      (45)   Variety stores,
      (46)   Bowling alleys,
      (47)   Taverns and lounges, provided that such establishments are not located within 300 feet from a church, school or R-1 zoning district; and provided further, that the tavern or lounge is housed in a building or shopping center which is occupied by other retail businesses or service establishments.
      (48)   Preschool and child day care centers, subject to the following provisions:
a.   The childcare center/preschool shall have 35 square feet per child of usable indoor floor space maintained in a clean and sanitary manner; when floor space occupied by cribs is counted as usable floor space, there shall be 40 square feet of floor space per child in those rooms. Kitchens, bathrooms, and halls may not be counted in the square footage per child or used as regular program space.
b.   There shall be 75 square feet of outdoor recreation area per child using the space at any given time. Such space shall be located in the side or rear yard and be totally enclosed by a fence of no less than 42 inches in height.
c.   There shall be adequate off-street area for traffic circulation allowing child drop-off and pick-up activity entirely in the property.
   C.   Combinations of the above uses.
   D.   Business and professional offices supplying commodities or performing services primarily for residents of the neighborhood.
2.   Permitted Accessory Uses. Permitted accessory uses in the C-1 District are as follows:
   A.   Accessory uses permitted in the R-3 District.
   B.   Storage of merchandise incidental to the principal use, but not to exceed forty percent of the floor area used for such use.
3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-1 District subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Lot Area: Same as required in the R-3 District for residential uses. No minimum requirement for any other permitted uses.
   B.   Lot Area Per Dwelling Unit: Same as required in R-3 District.
   C.   Lot Width: Same as required in R-3 District for residential uses. No minimum requirement for any other permitted uses.
   D.   Front Yard: 35 feet.
   E.   Side Yards: Same as required in R-3 District for residential uses. No minimum requirements for any other permitted uses, except when adjoining any R district, in which case, 25 feet. Any side yard adjoining an R district shall be buffered by use of landscaping, walls, or fences to effectively screen the commercial use from the adjoining R district.
   F.   Rear Yard: 40 feet. Any rear yard adjoining an R district shall be buffered by use of landscaping, walls, or fences to effectively screen the commercial use from the adjoining R district.
   G.   Maximum Height: 35 feet.
   H.   Maximum Number of Stories:
Residential uses – 3 stories;
All other permitted uses – 2 stories.
4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
192.09 C-2 GENERAL RETAIL, HIGHWAY ORIENTED, AND CENTRAL BUSINESS COMMERCIAL DISTRICT.
The C-2 District is intended to provide for major retail shopping areas outside the downtown area. These districts include, as well, much of the strip commercial property existing along the major streets and highways of the City. The uses permitted are intended to accommodate both the general retail consumer and the needs and services of the automobile-traveling consumer.
1.   Principal Permitted Uses. Only the following uses of structures or land shall be permitted in the C-2 District:
   A.   Any use permitted in the C-1 District.
   B.   Retail, service or recreational uses, such as the following:
      (1)   Animal hospitals, veterinary clinics or kennels, provided that any exercising runway is at least 200 feet from any R District boundary.
      (2)   Automobile accessory stores.
      (3)   Automobile, trailer, motorcycle, boat and farm implement establishments for display, hire, rental and sales (including sales lots); including, as incidental to these major uses, all repair work in connection with their own or customers’ vehicles, but not including uses in which the major source of revenue is from body and fender work. In addition, this paragraph shall not be construed to include automobile, tractor or machinery wrecking and rebuilding, and used parts yards.
      (4)   Ballrooms and dancehalls.
      (5)   Billiard parlors and pool halls.
      (6)   Bookbinding.
      (7)   Bowling alleys.
      (8)   Business or secretarial schools or colleges, commercial trade schools, or other commercially operated schools for adults.
      (9)   Carpenter and cabinet-making shops for retail custom work.
      (10)   Commercial baseball fields, swimming pools, skating rinks, golf driving ranges, miniature golf courses, trampoline centers and similar recreational uses and facilities.
      (11)   Department stores.
      (12)   Drive-in restaurants.
      (13)   Exterminator sales.
      (14)   Drive-in theaters.
      (15)   Printing and publishing houses.
      (16)   Hotels, with no minimum density requirements.
      (17)   Transportation passenger terminals, including bus stations, railroad passenger stations or other passenger terminals.
      (18)   Laundries.
      (19)   Labor union offices, including assembly halls.
      (20)   Lawn mower repair shops.
      (21)   Lumberyards, retail only.
      (22)   Monument sales yards.
      (23)   Motels, motor hotels, and tourist courts with no minimum density requirements.
      (24)   Office buildings.
      (25)   Packaged-goods stores for the sale of alcoholic beverages.
      (26)   Pet shops, including aquariums.
      (27)   Photographic printing or developing establishments.
      (28)   Plumbing and heating shops.
      (29)   Printing and lithographing shops.
      (30)   Parking garages and parking lots.
      (31)   Health establishments.
      (32)   Public auction rooms.
      (33)   Radio or television studios.
      (34)   Sheet metal shops.
      (35)   Sign painting shops.
      (36)   Taverns and nightclubs, including private clubs.
      (37)   Upholstering shops.
      (38)   Used car sales lots.
      (39)   Garage for general motor vehicle repair.
      (40)   Automobile washing establishments.
      (41)   Buildings or structures designed and used solely for the purpose of leasing interior storage space for the storage of personal property owned by persons, firms or corporations who are not owners of such buildings or structures, and who do not occupy by lease or otherwise more than 1,000 square feet of the leasable space of such structure. The owner is restricted as the above-mentioned lessee. Outdoor storage, the storage of earth moving equipment, the storage of contractor’s equipment, and the storage of livestock or livestock feed is specifically prohibited.
      (42)   Any highway-oriented business not otherwise listed in this section which compounds, processes, packages or treats bakery goods, candy, spices, or other food products, and sells the same to the general public at the same location, subject to the following conditions:
         a.   The owner or owners of any tract of land may petition the Council to authorize such use. The petition shall be accompanied by a preliminary site plan of the proposed development, which shall contain those items set forth in Sections 192.06(4) through (8). The petition and attachment shall be referred to the Plan and Zoning Commission for study and report. The Commission may approve or disapprove the plan or require that the petitioner amend the plan to preserve the intent and purpose of this zoning district. The plan, along with the Commission’s recommendations on such use, shall then be referred to the City Council which may, after notice and public hearing, approve, disapprove, or amend the plan.
         b.   No building permit shall be issued until the plan has been given final approval by the Council.
      (Former #43 Deleted by Ord. 1688 - Jan. 11 Supp.)
      (43)   Pawnbrokers as defined, permitted and regulated in Chapter 141 of the Municipal Code.
(Ord. 1743 - Jan. 13 Supp.)
2.   Permitted Accessory Uses. Permitted accessory uses in the C-2 District are as follows:
   A.   Accessory uses permitted in the C-1 District.
3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-2 District, subject to Section 191.11 Height Limitations and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Lot Area: Same as required in the C-1 District.
   B.   Lot Area Per Dwelling Unit: Same as required in the C-1 District.
   C.   Lot Width: Same as required in the C-1 District.
   D.   Front Yard: Same as required in the C-1 District.
   E.   Side Yard: Same as required in the C-1 District.
   F.   Rear Yard: Same as required in the C-1 District.
   G.   Maximum Height: 45 feet.
   H.   Maximum Number of Stories:
Multiple dwelling uses – 4 stories;
All other permitted uses – 3 stories.
4.   Off-Street Parking and Loading. Spaces for off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
192.10 C-2A CENTRAL BUSINESS COMMERCIAL DISTRICT.
The C-2A District is intended to provide for a concentration and variety of retail stores, professional offices and service activities located within the Central Business District. It is intended that this district be limited to the S.W. 3rd Street business area.
1.   Permitted Principal Uses. Only the following uses of structures or land shall be permitted in the C-2A District: any use permitted in and as limited in the C-2 District.
2.   Permitted Accessory Uses. Permitted accessory uses in the C-2A District are as follows: accessory uses permitted in and as limited in the C-2 District.
3.   Area and Size Regulations. The following minimum requirements shall be observed in the C-2A District, subject to the height limitations found in Section 191.11 and the modifications contained in Section 196.03 of this Zoning Ordinance:
   A.   Lot Area: Same as required in the C-2 District.
   B.   Lot Area Per Dwelling Unit: Same as required in the C-2 District.
   C.   Lot Width: Same as required in the C-2 District.
   D.   Front Yard: No minimum requirement.
   E.   Side Yard: No minimum requirement, except when adjoining any R district, in which case – 10 feet.
   F.   Rear Yard: No minimum requirement, except when adjoining any R district, in which case – 10 feet.
   G.   Maximum Height: Same as required in the C-2 District.
   H.   Maximum Number of Stories: Same as required in the C-2 District.
4.   Off-Street Parking and Loading. There are no minimum requirements for off-street parking and loading in the C-2A District.
5.   Minimum Open Space. There is no minimum requirement for open space in the C-2A District.
6.   Alterations or Modifications. Notwithstanding the provisions of paragraphs D, E and F of subsection 3, and subsections 4 and 5 of this section, no building structure, parking lot, side yard, front yard, rear yard, parking or loading area shall be altered or modified if such property, as a result of such modification or alteration, will not comply with the minimum requirements set forth in subsection 3; provided, however, the reconstruction, remodeling or repair of any building or structure shall not be deemed to be an alteration or modification under the provisions of this section, unless such reconstruction, remodeling or repair increases the exterior dimensions of such building or structure.
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