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The regulations herein are adopted for the purposes of promoting the health, safety, morals, or general welfare of the City of Boone, Iowa, and particularly in the following respects:
1. To encourage an orderly and beneficial development of the City in accordance with a comprehensive plan of land use and population density; to take into account the suitability of various area or properties in the community for different types of land uses as indicated by existing conditions and facilities, population trends, building patterns and techniques, economic activity and other existing conditions or trends affecting urban development.
2. To provide adequate light, air and privacy.
3. To help provide safety from fire, flooding, pollution and other major dangers.
4. To prevent overcrowding of the land with structures and congestion of population.
5. To protect and conserve the value of land and buildings within the City appropriate to the zoning district in which located.
6. To relate the intensity of land uses to the street and highway system to avoid congestion, and help provide safe and convenient traffic movements for vehicles and pedestrians.
7. To conserve and prevent pollution of existing land, water and air resources; to promote attractive site and building design; to encourage creation or preservation of beauty as part of the City’s environment.
For the purpose of this chapter, the words “used or occupied” include the words “intended, designed or arranged to be used or occupied”; the word “lot” includes the words “plot or parcel,” and the following terms or words used herein shall be interpreted as follows:
1. “Accessory structure” means a subordinate building, structure or edifice ordinarily or normally incidental to or subordinate to the main building, structure or edifice. All accessory structures shall not be larger than the main or principal structure and shall comply with minimum yard requirements. Earth satellite receiving dishes are considered accessory structures.
2. (Repealed by Ord. 2145 – Sep. 09 Supp.)
3. (Repealed by Ord. 2145 – Sep. 09 Supp.)
4. (Repealed by Ord. 2145 – Sep. 09 Supp.)
5. “Alley” means a public way, other than a street, twenty (20) feet or less in width, affording secondary means of access to abutting property.
6. “Apartment” means a room or suite of rooms in a multiple dwelling intended or designated for use as a residence by a single family.
7. “Basement” means any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
8. “Bed and breakfast home” means a private residence which provides lodging and meals for guests, in which the host or hostess resides and in which no more than two guest families are lodged at the same time in an R-2 District and no more than four guest families are lodged at the same time in an R-3 District. A bed and breakfast home can serve food only to overnight guests if in an R-2 District, but may serve food to groups of twenty people or less, by reservation only, if in an R-3 District. The facility can advertise as a bed and breakfast home, but not as a hotel, motel or restaurant. It may also advertise the service of food to groups by reservation only if in an R-3 District. All guest rooms must have an operable smoke detector. There shall be one off-street parking space per guest room in an R-2 and an R-3 District. In an R-3 District, there must also be a minimum of one off-street parking space for every four people to be served who are not overnight guests, plus a minimum of two off-street parking spaces for the owner.
9. “Bed and breakfast inn” means a hotel or motel which has nine or fewer guest rooms.
10. “Board” means the Board of Adjustment of the City.
11. “Boarding house” means a dwelling occupied by one family with three (3) or more boarders, roomers or lodgers in the same building who are lodged with or without meals and in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants. A rooming house is deemed a boarding house.
12. “Building” means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals or property, but not including signs or billboards.
13. “Building, height of” means the vertical distance from the grade at the building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs. On a corner lot, the height is the mean vertical distance from the average natural grade at the building line, from the higher of the two (2) grades.
14. “Bulk stations” means distributing stations, commonly known as bulk or tank stations, used for the storage and distribution of flammable liquids or liquefied petroleum products, where the aggregate capacity of all storage tanks is more than twelve thousand (12,000) gallons.
15. “Commission” means the City’s Planning and Zoning Commission.
16. “District” means a section or sections of the City within which the regulations governing the use of the buildings and premises or the height and area of buildings and premises are uniform.
17. “Dwelling” means any building, or portion thereof, which is designed or used exclusively for residential purposes, but not including a tent, cabin, trailer, or trailer coach.
18. “Dwelling, single-family” means a detached dwelling designed for or occupied exclusively for residence purposes of one family. For all new single-family detached dwellings for which building permits have been issued on or after November 21, 1984, the minimum dimension of the main body of the dwelling unit shall not be less than twenty-two (22) feet. This shall include factory-built structures, factory-built housing, modular homes, and manufactured homes.
19. “Dwelling, two-family (duplex)” means a building designed for or occupied exclusively by two families with separate housekeeping and cooking facilities for each.
20. “Dwelling, multiple” means a building or portion thereof designed for or occupied by more than two families with separate housekeeping and cooking facilities for each.
21. “Factory-built housing” means a factory-built structure designed for long-term residential use. For the purposes of these regulations, factory-built housing consists of three types: modular homes, mobile homes, and manufactured homes.
22. “Factory-built structure” means any structure which is, wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on a building site.
23. “Family” means one or more persons occupying a dwelling unit and living as a single housekeeping unit, but not including persons or groups of persons occupying a boarding house, hotel, motel, fraternity, sorority, monastery, or convent.
24. “Family home” means a community based residential home which is licensed as a residential care facility under Chapter 135C of the Code of Iowa or as a child foster care facility under Chapter 237 of the Code of Iowa to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight (8) developmentally disabled persons and any necessary support personnel. However, “family home” does not mean an individual foster care family home licensed under Chapter 237 of the Code of Iowa.
25. “Farm” means an area which is used for the growing of the usual farm products such as vegetables, fruit trees and grain, and their storage, as well as for raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine. The term “farming” includes the operating of such an area for one or more of the above uses for treating or storing the produce; provided, however, the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further that “farming” does not include the feeding of garbage or offal to swine or other animals.
26. “Fences, walls and hedges” means decorative and/or enclosing devices used along boundary lines of lots. Fences, walls and hedges may be constructed up to the lot line in accordance with the height rules set out in this chapter.
27. “Frontage” means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
28. “Garage, private” means an accessory building, or an accessory portion of the principal building, designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the principal building, except that a one-or two-car capacity garage may be rented for the private vehicles of persons not residents on the premises.
29. “Garage, public – automobile” means any building or premises other than a private garage) used for equipping, refueling, servicing, repairing, hiring, selling or storing automobiles, excluding body and fender repair shops.
30. “Garage, public – trucks” means any building or premises (other than a private garage) used for equipping, refueling, servicing, repairing, hiring, selling or storing trucks.
31. “Garage, public – farm tractors, and other mobile machinery” means any building or premises (other than a private garage) used for equipping, refueling, servicing, repairing, hiring, selling or storing farm tractors and other mobile machinery.
32. “Grade” means the elevation of the finished ground at the exterior walls of the main building.
33. “Home occupations” are limited to those occupations using facilities, equipment and materials normally found in the home and within accessory structures. Home occupations shall not produce noxious or toxic odors or fumes, nor increase in numbers or duration of noise or traffic levels above those of ordinary residential use; nor use, store, or dispose of materials of a nature or quantity not ordinarily found in residential neighborhoods, which have the potential to endanger the health, safety, or peaceful enjoyment of their property or neighborhood residence, or to constitute a hazard to their environment.
34. “Hotel” means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding house or lodging house.
35. “Junk yard” means any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building, and not including automobile, tractor, or machinery wrecking and used parts yards, and the processing of used, discarded or salvaged materials as part of manufacturing operations.
36. “Living space” means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls storage or utility space and similar areas, are not considered habitable space.
37. “Lodging house” means a building where lodging (only) is provided for compensation for four (4) or more persons.
38. “Lot,” for zoning purposes, as covered in this chapter, is a parcel of land at least sufficient in size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a dedicated or private street and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;
D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
39. “Lot measurement” means:
A. Depth – the main horizontal distance between the front and rear lot lines;
B. Width – the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the front of the lot.
40. “Lot of record” means a lot which is part of a subdivision, the deed of which is recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
41. “Lot types” are illustrated in Plate 1 which is included the Appendix to this Code of Ordinances, and include “corner” lots, “interior” lots, “reversed frontage” lots and “through” lots.
42. “Manufactured home” means a factory-built, single-family structure, which is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation, but which is not constructed 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. A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling. If so converted, it shall have a minimum width of twenty-two (22) feet on its shortest side, and the structure shall meet minimum front, rear and side yard requirements of the lot in its residential or other permitted zone. The mobile home shall be placed on a full permanent foundation as specified in the Building Code. The entire mobile home must be placed on the foundation including any additions or attachments. The mobile home shall be firmly anchored to the foundation in accordance with accepted practices in lieu of tie-downs. A mobile home not in place outside a mobile home park on the effective date of this section and not complying with the standards required for mobile homes since July, 1976, under the State Building Code shall not be permitted to be converted to real estate under section 135D.26 of the Iowa Code. Only mobile homes complying with the standards of safety and construction required since 1976, with a medallion and certificate of compliance may be placed outside a mobile home park after the effective date of this section. For the purpose of these regulations, a manufactured home shall be considered the same as any site-built, single-family detached dwelling.
43. “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home is factory-built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as “manufactured homes.” Nothing in this chapter shall be construed as permitting the mobile home in other than an approved mobile home park, unless such mobile home is classified as a manufactured home.
44. “Mobile home park” means any tract of land or portion thereof, upon which two (2) or more occupied mobile homes are located for dwelling or sleeping purposes regardless of whether or not a charge is made for such accommodation.
45. “Modular home” means factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site-built homes.
46. “Motel motor lodge” means a building or group of attached or detached buildings containing individual sleeping or living units for overnight auto tourists, with garage attached or parking facilities conveniently located to each such unit.
47. “Nonconforming use” means use of a building or of land that does not conform to the regulations as to use for the district in which it is situated.
48. “Nursing or convalescent home” means a building or structure having accommodations and where care is provided for invalid, infirm aged, convalescent or physically disabled persons, not including insane and other mental cases, inebriate or contagious cases.
49. “Parking space” means a permanently surfaced area of not less than two hundred (200) square feet, either within a structure or in the open, exclusive of driveway or access drives, for the parking of a motor vehicle, together with a surfaced driveway connecting the parking space with a street or alley.
50. “Principal building” means any structure designed and used or intended to be used for one of the “principal permitted uses” listed in each of the zoned districts as set out in this chapter.
51. “Principal permitted uses” designated under this chapter are to be considered as guidelines. The administrating officer shall use his or her discretion in determining proper applications of use within these guidelines.
52. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six (6) feet above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement or unused under-floor space shall be considered as a story.
53. “Story, first” means the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four (4) feet below grade, as defined herein, for more than fifty percent (50%) of the total perimeter, or more than eight (8) feet below grade, as defined herein, at any point.
54. “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level. A half story containing independent apartments or living quarters shall be counted as a full story.
55. “Street” means a public or private thoroughfare which affords the principal means of access to abutting property.
56. “Street line” means a dividing line between a lot, tract or parcel of land and a contiguous street.
57. “Structural alterations” means any replacement or changes in the type of construction or in the supporting members of a building, such as load bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance.
58. “Structure” means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include building, walls, fences, billboards and poster panels.
59. “Tourist home” means a residential building in which rooms are available for rental purposes as overnight sleeping accommodations primarily for automobile travelers.
60. “Truck gardening” means an operation that grows vegetables for delivery to a retail (market) establishment.
61. “Wind Energy Conservation System” (WECS) means any device which converts wind energy to a form of usable energy, including wind charges, windmills or wind turbines.
62. “Yard” means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure or parking lot from the ground upward, excepting as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, or width of a side yard, the least distance between the lot line and the main building shall be used, except that in no case shall any eave or overhang (or any other project) extend into the said front, side or rear yard by more than twenty-four (24) inches. If eaves or overhangs exceed 24 inches, then the building shall be set back into the permissible building area as necessary to eliminate any eaves or overhangs from extending more than 24 inches. Fences and walls are permitted in any yard, subject to height limitations as indicated herein.† 7
A. “Yard, front” means a yard extending across the full width of the lot and measured between the front lot line and the front of the main building other than the projection of the usual steps or unenclosed porches. See “yard” for eave or overhang limitations.
B. “Yard, rear” means a yard extending across the full width of the lot and measured between the rear lot line and the building other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots, rear yard is the opposite end of the lot from the front. See “yard” for eave or overhang limitations.
C. “Yard, side” means a yard extending from the front yard to the rear yard and measured between the side lot lines and the building. See “yard” for eave or overhang limitations.
63. “Zoning permit” means the permit issued by the Building Official of the City, authorizing the use of the land for the purpose specified in the document.
Notes
| 7 | † EDITOR’S NOTE: See Illustration 1 in Appendix to this Code of Ordinances. |
For the purpose of this chapter, the following types of districts are hereby established.
A-1 Agricultural District
R-1 Single-Family Residential District
R-2 One- and Two-Family Residential District
R-3 Multi-Family Residential District
R-4 Permanent Mobile Home District
R-5 Mobile Home Park District
R-6 Planned Unit Development District
R-7 Estate Residential District
C-1 Special Commercial District
C-2 Limited Commercial District
C-3 General Commercial District
C-4 Planned Commercial District
M-1 Special Planned Commercial, Planned Commercial, Office or Industrial District
M-3 Light Industrial District
M-4 General Industrial District
MU Mixed Use Overlay District
U-1 Conservancy District
HM Hospital-Medical District
(Section 175.05 – Ord. 2299 – Dec. 23 Supp.)
The boundaries of these districts are indicated upon the official zoning map of the City, which map is made part of this chapter by reference hereto. The official zoning map of the City of Boone which is kept in a digital format and all the notations, references and other matters shown thereon shall be as much a part of this chapter as if the notations, references, and other matters set forth by said map were all fully described herein. The official zoning map shall be kept by the City Clerk who shall when required attest to its authenticity. If in accordance with the provisions of this chapter and Chapter 414 of the Code of Iowa, changes are made in district boundaries or other matters portrayed in the Official Zoning Map, said changes shall be recorded by the Clerk on the official zoning map promptly after the amendment has been approved by the City Council. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which means the zoning map kept in the digital format together with amending ordinances, shall be the final authority as the current zoning status of land and water area, buildings, and other structures in the City and in those surrounding lands within two miles of the corporate limits of the City of Boone, Iowa. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of use, the Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omission in the prior Official Zoning Map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new Official Zoning Map shall be identified as set forth above and shall contain the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaces) by the City of Boone, Iowa.”
(Ord. 2206 – Dec. 14 Supp.)
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provision of law or by other rules or regulations or ordinances, the provisions of this chapter shall control. Where uncertainty exists as to the boundaries of districts shown on the Official Zoning Map, the following rules shall be used in determining the location of said district boundary:
1. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
3. Boundaries indicated as approximately following City limits shall be construed as following City limits.
4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
5. Boundaries indicated as approximately following the centerlines of streams, rivers, or other bodies of water shall be construed to follow such centerlines.
6. Boundaries indicated as parallel to or extensions of features indicated in Subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
7. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 5 above, the Board of Adjustment shall interpret the district boundaries.
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