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In accordance with authority granted to the City by Chapter 414, Iowa Code (2015) and amendments thereto, the City has established this Ordinance for the promotion of the health, safety and general welfare of the community, in accordance with the Comprehensive Plan. It is designed to lessen congestion in the streets, to ensure safety from fire and other danger, to promote health and general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population and to facilitate the provision for transportation, schools, parks and other public requirements and foster preservation of historical sites. These regulations have been made with reasonable consideration, among other things, to the character of the district and its particular suitability for particular uses, with a view to conserving and improving the living quality of buildings and encouraging the most appropriate use of lands throughout the City of Carroll.
For the purpose of interpreting this Ordinance, certain items and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural singular; and the word “shall” is always mandatory.
1. “Accessory building or use”. A separate subordinate building, the use of which is incidental to that of the principal building or to the principal use of the premises, and is located on the same lot as the main building. An accessory use is one which is incidental to the main use of the premises.
2. “Active Solar Energy System”. A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
3. “Administrative Officer”. The City Manager of the City of Carroll or his designated appointee.
4. “Agriculture”. Agricultural activity, including forest and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, animal kennels and fur bearing animal farms, and the harvesting, processing, packaging, shipping, and selling of products produced on the premises, and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, excluding commercial feed lots.
5. “Alley”. A minor public or private thoroughfare, which affords only the secondary means of access to property abutting thereon, and is used for service purposes.
6. “Alterations – Structural”. A change in the supporting members of a building, such as bearing walls, partitions, columns, beams, or girders. An enlargement of the size or height of a building shall be construed to be an alteration.
7. “Alterations – Substantial”. Any change in or enlargement of any building or other improvement covered by this Ordinance that will: (1) upon completion, affect a change in the use thereof, or (2) that has the effect of enlarging the floor area thereof.
8. “Animal Hospital or Clinic”. An establishment where animals are admitted principally for examination, treatment or care by a doctor of veterinary medicine. This shall include open kennels and runs.
9. “Animals – Food”. Fowl, cattle, swine, sheep, ducks, geese, rabbits, and other animals raised for the purpose of food consumption.
10. “Animals – Fur”. Animals raised for their pelts.
11. “Animals – Pets”. Any animal that is tamed or domesticated (dogs, cats, etc.).
12. “Apartment”. A room or suite of rooms intended or designed for use as residence and included kitchen facilities.
13. “Apartment House”. A building or portion thereof used or designed as a residence for three or more families, households or groups of persons occupying separate apartments and living independently of each other.
14. “Automobile Repair-Station (Garage)”. A place where the following services may be carried out: general repair, engine rebuilding or reconditioning of motor vehicles, collision service such as body, frame and fender straightening and repair, painting and undercoating of automobiles and the sale of engine fuels stored in underground tanks.
15. “Automobile Service Station”. A place of business where engine fuels (stored in tanks) kerosene, motor oil, lubricants or grease are retailed directly to the public including the sale of minor accessories and services for motor vehicles.
16. “Automobile Wrecking Yard”. An area of land where 3 or more motor vehicles, machinery, or equipment drawn or operated by a motorized mechanical unit, not in running or operable condition, or parts thereof are stored in the open; and any land, building or structure used for wrecking, abandoning or storing of such motor vehicles.
17. “Basement”. That portion of a building at least partly underground but having at least one-half of the height of one or more walls below the grade.
18. “Bed & Breakfast”. A lodging house providing guest rooms not exceeding 4, and serving a meal or meals to guests, where lodging is provided for any number of days and nights. A Bed & Breakfast is often but need not be a private residence of the owner or host. It may not advertise itself as a restaurant, but may advertise and make reservations in the manner of a hotel or motel.
19. “Billboard”. A sign which has a flat surface sign space upon which advertising may be posted, painted, or affixed, and which is primarily designed for the rental or lease of such sign space for advertising not relating to the use of the property upon which the sign exists.
20. “Blade”. An element of a wind turbine which acts as a part of an airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.
21. “Board”. The Board of Adjustment of the City of Carroll, Iowa.
22. “Boarding, Lodging or Rooming House”. A dwelling containing a single dwelling unit and not more than 10 guest rooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than one week.
23. “Building”. A structure used or intended for supporting or sheltering any use or occupancy.
24. “Building, Detached”. A building having no common wall connection with another building.
25. “Building, Existing”. A building erected prior to the adoption of this Ordinance or one for which a legal building permit has been issued.
26. “Building, Height of”. The vertical distance from the curb level to the level of the highest point of the roof adjacent to the street wall in the case of a flat roof, to the highest point on the roof for gable, hip and gambrel roofs. Where a building is set back from the street line, its height may be measured from the average elevation of the finished grade of the front yard, provided the building is at least as far distant from the street line as such grade is above the street level.
27. “Building-integrated Solar Energy Systems”. An active solar energy system that is integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of a building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.
28. “Building Line”. The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, non-roofed decks, cornices and other ornamental features projecting ten feet or less from the walls of the building or structure. Such non-roofed decks and other ornamental features may not have more than a four feet vertical dimension of any of their walls permanently enclosed, screened or sided.
29. “Business”. Engagement in the purchase, sale, barter or exchange of goods, wares, merchandise or service or the maintenance or operation of offices or recreational or amusement enterprises.
30. “Carport”. A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. A carport attached to a principal building is considered a part of the principal building and subject to all yard requirements in this chapter.
31. “City Engineer”. The City Engineer or one acting in that capacity.
32. “Clerk”. The City Clerk of the City of Carroll, Iowa.
33. “Commission”. The City Planning and Zoning Commission of the City of Carroll, Iowa.
34. “Common Wall”. An unbroken wall shared by two or more separate buildings.
35. “Comprehensive Plan”. The general plan for land use, transportation and community facilities prepared and maintained by the Commission and adopted by the Council.
36. “Condominium”. A single unit in a multiunit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.
37. “Congregate Residence”. Any building or portion thereof that contains facilities for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels, motels, bed & breakfasts or lodging houses.
38. “Council”. The City Council of the City of Carroll, Iowa.
39. “Day Care”. The caring for of six or more unrelated children under the age of 12 years out of their home for two hours or more, but less than 24 hours a day, for compensation.
40. “District”. The area defined as a zoning district within which certain zoning provisions apply under this Ordinance.
41. “Dwelling, Multi-Family”. A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.
42. “Dwelling, Single Family”. A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
43. “Dwelling, Townhouse”. Dwelling units having one or more common walls designed so as to have direct access outside.
44. “Dwelling, Two-Family or Duplex”. A detached building arranged, designed or intended to be occupied by two families or housekeeping units living independently of each other.
45. “Dwelling Unit”. One or more habitable rooms which are intended or designed for human occupancy and designed for one family with facilities for living, sleeping, cooking and eating.
46. “Employees”. All persons including proprietors working in the premises during the largest shift of employment.
47. “Enforcement Officer”. The City Manager of the City of Carroll or his designated appointee.
48. “Exception”. Modification of the general provisions of this Ordinance under particular given circumstances after it is determined that strict compliance with the Ordinance would cause undue hardship on the applicant. This term is not synonymous with “special exception” for which see “special use.”
49. “Family”. One or more person related by blood, marriage, adoption, or legal guardianship occupying a dwelling unit and living as a single household or housekeeping unit, or a group of not more than three persons unrelated by blood, marriage, adoption, or legal guardianship living as a single household or housekeeping unit.
50. “Farming”. The growing of agricultural products. Farming shall not include the commercial operation of stockyards, slaughter houses or feed lots.
51. “Flood Area”. Any land or portion of land, adjacent to a stream, river, or other natural drainage channels or basins, that is subject to overflow, inundation, or flood hazard from the unusual and rapid accumulation or runoff of surface water from any source.
52. “Floor Area, Gross”. The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the center line of dividing walls; this includes courts and decks or porches when covered by a roof.
53. “Floor Area, Net”. The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.
54. “Garage, Private”. An accessory building or portion of a building in which one (1) or more motor vehicles are housed, but in which no business, service or industry is carried on.
55. “Garage, Public”. A building or portion of a building other than a private garage used for the care, storage, and repair of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale.
56. “Grade”. The average ground level of the finished surface of the ground at the exterior walls of the building or structure.
57. “Grid-intertie Solar Energy System”. A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.
58. “Height of Building”. See “Building, Height of”.
59. “Height, Total System”. The height above grade of the wind energy system, including the tower generating unit, and the highest vertical extension of any blades or rotors. Height shall be measured from the adjacent grade of the tower to the tip of the turbine (blade) at its highest point.
60. “Home Occupation”. An occupation or activity carried on by the immediate members of the family residing in the dwelling.
61. “Hotel”. See 170.03(78), “Motel, Hotel”.
62. “Junkyard”. An open area where waste or used materials are bought and sold, exchanged, stored, baled, packed, dismantled, or handled, including but not limited to scrap metal, pipe tubing, casing, paper, rags, rubber tires, and bottles. A junkyard includes automobile wrecking yards or any area of more than 200 square feet for the storage, keeping or abandonment of junk not including garbage.
63. “Lot”. A lot is a parcel of land under one ownership on which a principal building and its accessories are or may be placed, together with the required open spaces, having its frontage upon on one or more streets or public place.
64. “Lot Area”. The area of a horizontal plane, bounded by the front, side, and rear lot lines.
65. “Lot, Corner”. A lot situated at the intersection of two or more intersecting streets with a boundary thereof bordering each street.
66. “Lot Line”. The property line bounding a lot.
67. “Lot Line, Front”. For an interior lot, that line separating the lot from the street. For a corner or a double frontage lot, that line separating said lot from the street that is designated as the front street.
68. “Lot Line, Rear”. The lot line opposite the front lot line. In case of an irregular shaped lot, the rear lot line shall be an imaginary line not less than ten feet in length and parallel to the front lot line.
69. “Lot Line, Side”. Any lot line other than the front or rear lot line.
70. “Lot of Record”. A lot, the plat of which either alone or with other lots has been recorded in the Recorder's Office in Carroll County.
71. “Lot, Through (Double Frontage)”. A lot having a frontage on two parallel streets.
72. “Lot, Zoned”. A parcel of land which (at the time of filing for a building permit) is designated by its owner or developer as a parcel of land to be used, developed or built upon as a unit under a single ownership or unified control. (A “zoned lot” may or may not coincide with a lot of record).
73. “May”. Means permissive.
74. “Manufactured Home”. Is a factory-built structure constructed under authority of 42 U.S.C. Section 5403, which is required by federal law to display a seal from the United States depart of housing and urban development, and was constructed on or after June 15, 1976.
75. “Meteorological Equipment”. Equipment primarily used to measure wind speed and directions, including other data relevant to locating an operational wind energy conversion system.
76. “Mobile Home”. Any vehicle without motive power, used or so manufactured or constructed as to permit its being used as a conveyance on 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 shall also include any such vehicle with motive power, not registered as a motor vehicle in Iowa. A mobile home is not built to a mandatory building code, contains no state or federal seals and was built before June 15, 1976.
77. “Mobile Home Park”. Any site, lot, field or tract of land under common ownership upon which two or more occupied manufactured housing units are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such Mobile Park. (Code of Iowa Chapter 435).
78. “Motel, Hotel”. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
79. “Non-Conforming Lot”. A lot whose width, area or other dimension did not conform to the regulations when this code became effective.
80. “Non-Conforming Sign”. A sign or sign structure or portion thereof lawfully existing at the time this code became effective, which does not now conform.
81. “Non-Conforming Structure”. A building or structure or portion thereof lawfully existing at the time this code became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the zone in which it is located.
82. “Non-Conforming Use”. A use that lawfully occupied a building or land at the time this code became effective, which has been lawfully continued and which does not now conform to the use regulations.
83. “Nursing or Rest Home”. A home for the aged or infirmed in which three (3) or more persons not of the immediate family are received, kept, or provided with food and shelter, or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
84. “Off-grid Solar Energy System”. A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electronically connected in any way to electric circuits that are served by an electric utility company.
85. “Parcel”. A part of a tract of land.
86. “Parking Lot”. A hard-surfaced area (either Asphaltic cement or Portland concrete cement) that is able to withstand vehicular traffic of other heavy-impact uses.
87. “Parking Space”. A space required for vehicular parking of a single vehicle.
88. “Passive Solar Energy System”. A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
89. “Person”. Every natural person, firm, partnership, association, or corporation having legal rights and responsibilities.
90. ‘Planned Unit Development”. A project located on a single tract, controlled by one owner, corporation or agency, including usable open space for the mutual benefit of the entire tract, designed to provide variety and diversity through the variance, other than use regulations, of normal zoning and subdivision standards, so that maximum long range benefit can be gained and unique features of the site preserved or enhanced.
91. “Pools (Swimming), Hot Tubs, and Spas.”
A. Above ground/on ground pool. See “Private swimming pool”.
B. Barrier. A fence, a wall, a building wall, the wall of an above-ground pool or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.
C. Hot tub. See “Private swimming pool”.
D. In-ground pool. See “Private swimming pool”.
E. Power safety cover. A pool cover that is placed over the water area, and is opened and closed with a motorized mechanism activated by a control switch.
F. Private swimming pool. Any structure that contains water over 24 inches in depth and which is used, or intended to be used for swimming or recreational bathing and which is available only to the family and guests of the householder. This includes in-ground, above ground, and on-ground swimming pools, hot tubs and spas.
G. Private swimming pool, indoor. Any private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of said structure.
H. Private swimming pool, outdoor. Any private swimming pool that is not an indoor pool.
I. Public swimming pool. Any swimming pool other than a private swimming pool.
J. Spa. See “Private swimming pool”.
92. “Photovoltaic System”. An active solar energy system that converts solar energy directly into electricity.
93. “Principal Building”. A principal building is a non-accessory building in which the principal use of the lot on which it is located is conducted.
94. “Public Land”. Land owned, controlled, and/or operated by a governing unit.
95. “Qualified Professional”. An individual certified by the manufacturer of a wind energy conversion system as qualified to install and/or maintain that manufacturer’s wind energy conversion system.
96. “Renewable Energy Easement, Solar Energy Easement”. An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land.
97. “Renewable Energy System”. A solar energy or wind energy system. Renewable energy systems do not include passive systems that serve a dual function, such as a greenhouse or window.
98. “Roof Pitch”. The final exterior slope of a building roof, calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12.
99. “Rotor Diameter”. The diameter of the circle described by the moving rotor blades.
100. “Senior Housing”. All housing projects designed primarily or exclusively for assisted or independent living by persons over 55 years of age, or handicapped or disabled persons of any age.
101. “Setback”. The minimum required distance between the property line and the building line.
102. “Shadow Flicker”. Alternating in the light intensity caused by the moving blade of a wind power generator casting shadows on the ground and stationary objects such as the window of a dwelling.
103. “Sign”. Any object or device, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to any object, person, institution, organization, business product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, color, motion, illumination, or projected images. A sign includes any billboard but does not include the following: flags of nations, states, and cities, or merchandise, picture or models of products or services incorporated with an inside window display; or works of art, which in no way identify a product or a device.
104. “Signs, Community”. Temporary, on- or off-premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature announcing activities, promotions or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction-based nonprofit organization.
105. “Solar Access”. Unobstructed access to the solar resource (see definition below) on a lot or building including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.
106. “Solar Collector”. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
107. “Solar Collector Surface”. Any part of a solar collector that absorbs solar energy for the use in the collector’s energy transformation process Collector surface does not include frames, supports and mounting hardware.
108. “Solar Daylighting”. A device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting.
109. “Solar Energy”. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
110. “Solar Energy Device”. A system or series of mechanisms designed primarily to provide heating, cooling, electrical power, mechanical power, solar daylighting or to provide any combustion of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy device such as a trombe wall and not merely a part of a normal structure such as a window.
111. “Solar Energy System”. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating.
112. “Solar Heat Exchanger”. A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas.
113. “Solar Hot Air System”. (also referred to as Solar Air Heat or Solar Furnace) – An active solar energy system that includes a solar collector to provide direct supplemental space heating by heating and re-circulating conditioned building air. The most efficient performance typically uses a vertically mounted collector on a south-facing wall.
114. “Solar Hot Water System”. (also referred to as Solar Thermal) – A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.
115. “Solar Mounting Device”. Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.
116. “Solar Resource”. A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 AM and 3:00 PM Standard time on any day of the year.
117. “Solar Storage Unit”. A component of a solar energy device that is used to store solar generated electricity or heat for later use.
118. “Special Use” or “Special Use Permit”. A reasonable use provided for within a zoning classification that will not impair the public health, safety, or welfare in a zone but does not conform with the character of the zone in which it is located. Certain restrictions on the location, aesthetics, size, and other performance standards may be imposed. A special use permit is not transferable by the owner.
119. “Street”. The entire width between the boundary lines of a public right-of-way which provides for public means of access to abutting property or for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities and including the terms “road”, “highway”, “lane”, “place”, “avenue”, or other similar designations.
120. “Street Line”. The dividing line between a lot and a street.
121. “Structure”. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
122. “Subdivision”. The division of land into two (2) or more lots or other division of land for the purpose, whether immediate or future, or transfer of ownership or building development. The term, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided, or, the re-subdivision of land theretofore divided or platted into lots or other divisions of land, or, if a new street is involved, any division of land. This ordinance hereby adopts and incorporates by reference the restrictions of Chapter 354, The Code of Iowa.
123. “Tent”. A shelter made of flexible material erected directly on the ground providing temporary facilities for sleeping, recreation or the display of goods or services.
124. “Tower”. The vertical component of a wind energy conversion system that elevates the wind generator above the ground.
125. “Tract”. An aliquot part of a section, a lot within an official plat, or a governmental lot.
126. “Trailer”. See “Mobile Home”.
127. “Trailer Park”. See “Mobile Home Park”.
128. “Truck Repair-Station (Garage)”. A place where the following services may be carried out: general repair, engine rebuilding or reconditioning of motor vehicles, collision service such as body, frame and fender straightening and repair, painting and undercoating of trucks and heavy equipment and the sale of engine fuels stored in underground tanks.
129. “Use”. The purpose for which land or structure is designed, arranged, intended or for which it is occupied or maintained.
130. “Use, Principal”. The principal use for which that land or building is designed, arranged, intended, or for which it is occupied or maintained.
131. “Use, Special”. Deleted, See 77B. “Special Use” or “Special Use Permit”.
132. “Variance”. A modification of the special regulations of this Ordinance granted by resolution of the Board of Adjustment in accordance with the terms of this Ordinance for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.
133. “Warehouse”. A warehouse is a structure or part of a structure, public or private, for storing goods, wares and merchandise, whether for the owners or others.
134. “Wind Energy Conversion System”. A system consisting of at least one of the following: a wind turbine, a tower, and associated control or conversion electronics, which is intended to reduce on-site consumption of utility power, is incidental and subordinate to a permitted use on the same parcel and has a rated capacity of up to one hundred (100) kilowatts.
135. “Wind Turbine”. A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing into electrical energy.
136. “Yard”. The unoccupied or unobstructed open space on the same lot with a principal building.
137. “Yard, Front”. An open space extending the full width of the lot, between the front lot line and the nearest building line of the principal building.
138. “Yard, Rear”. An open space extending the full width of the lot, between the rear lot line and the nearest building line of the principal building.
139. “Yard, Side”. An open space between the principal building and the side lot line, extending from the front yard to the rear yard. This distance is measured from the nearest point of the side lot line to the nearest point of the outside wall or foundation of the principal building.
For the purpose of this Chapter, the City is hereby divided into districts as follows:
“A-1” District (Agricultural)
“A-2” District (Agricultural)
“AP” Overlay (Agricultural Preservation)
“R-1” District (Low Density Residential)
“R-2” District (Low Density Residential)
“R-3” District (Low Density Residential)
“R-4” District (Medium Density Residential)
“R-5” District (High Density Residential)
“R-6” District (Mobile Home Parks)
“R-7” District (One & Two Family Residential)
“R-8” District (Residential-Agricultural Transitional District)
“RB-1” District (Residential-Business Transitional District)
P.U.D. (Planned Unit Development)
“B-1” District (Light Business)
“B-2” District (General Business & Commercial)
“B-3” District (Central Business District)
“I-1” District (Light Industrial)
“I-2” District (General Industrial)
“F-1” District (Flood Plain)
W.E.C.S. (Wind Energy Conversion Systems)
S.E.S. (Solar Energy Standards)
1. Every petitioner for voluntary annexation shall be required to state the reasons for wishing to join the City and request zoning for the area to be annexed.
2. All newly annexed territory shall be in the A-1 District until zoned by the Planning and Zoning Commission and the City Council.
The location and boundaries of the districts are hereby established as shown on the official zoning map of the City of Carroll, Iowa, and which, with all its designations, and amendments, is hereby made a part of this ordinance, and hereafter referred to as the “Zoning Map”, to be maintained in the office of the City Clerk. (See EDITOR’S NOTE at the end of this chapter for ordinances amending the zoning map.)
When uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules apply:
1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.
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 following shore lines shall be construed as following such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.
6. Boundaries indicated as parallel to or extension of features indicated in subsection (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.
The regulations set by this chapter within each district are minimum regulations and apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
1. No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereinafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
2. No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of the lot area, or to have narrower or smaller rear yards, front yards, side yards, or other open spaces, when herein required, or in other manner contrary to the provisions of this chapter.
3. No part of a yard, or other open space, or off-street parking or loading space required under or in connection with any building for the purpose of complying with this chapter, shall be included as a part of a yard, open space or off-street parking or loading space similarly for any other building.
4. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
5. Not more than two (2) buildings shall be permitted on any lot, tract, or parcel of land until the same has been platted in accordance with the laws of the State of Iowa; and, no principal building shall be permitted on any lot formed by the process of dividing a lot of record or putting together pieces or parts of platted lots of record except pursuant to a special use permit issued by the Zoning Board of Adjustment after notice mailed to all owners and occupants of land within two hundred feet of the site, hearing, and finding that issuance of the permit will not contribute excessively to any adverse effect on infrastructure, city services, traffic and parking, or property values in the locale. Special protective conditions may be imposed and the Board shall call for and consider the evaluation and opinions of the City’s professional staff in making its decision.
6. No building in the rear of any principal building on the same interior lot shall be used for residence purposes, except as may be otherwise specifically provided in this chapter.
7. Any lot upon which a principal building is placed shall abut on, and be accessible by means of, a city street, permanent easement or public place with not less than twenty feet of frontage on such street, permanent easement or public place.
The driveway, apron or entrance access from the front property line to the public street shall be paved with concrete not less than six (6) inches in residential districts and concrete not less than eight (8) inches in thickness in commercial or industrial districts.
8. Nothing in this chapter shall prevent the restoration of any wall or other portion of a building declared unsafe by the Chief Building Official.
1. Statement of Intent. Within the various districts as described, certain uses are permitted as they are mutually compatible. It is the intent of this chapter to restrict incompatible uses; however, it is not the intent of this chapter to eliminate certain home occupations which may be compatible with residential areas. Home occupations are hereby permitted and defined as business, occupation, or profession carried on within a residential dwelling by a resident thereof, and shall have the following characteristics:
A. There shall be no exterior advertising other than identification of the home occupation by a sign which shall be attached to the dwelling and shall not exceed one square foot in area which shall not be illuminated.
B. There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance at or beyond the property line.
C. The activity shall employ in the home only members of the immediate family of the residents of the dwelling.
D. The use shall be clearly incidental and secondary to the use of the dwelling purposes and shall not change the character thereof.
E. There shall be no mechanical equipment used except as is customary for domestic household purposes.
F. There shall not be any activity so as to cause parking and/or traffic problems annoying to the public. A home occupation shall provide additional off-street parking area in accordance with this Ordinance.
G. The above listed characteristics shall not be construed to restrict the sale of garden produce on the premises, provided this exception shall not extend to allow the operation of a commercial greenhouse or nursery, or the existence of stands or booths for the display of produce grown on the premises.
H. No more than four rummage or garage sales are permitted per year at any one residence.
2. Permit Required. Home occupations shall be permitted as special use under the general use regulations of the zoning district. A special use permit therefore must first be obtained by application to the Zoning Board of Adjustment. The Board may grant such permit if it reasonably concludes from the evidence that the home occupation proposed will meet the standards set out in the first paragraph of this section. The Board may, if warranted by the evidence, impose, as additional conditions, such measures as may be deemed necessary to protect the legitimate use and enjoyment of neighboring properties. Any failure to obtain such permit when required, or to comply with the standards and conditions aforesaid, when issued, shall constitute a violation of this section and shall furthermore be ground for revocation of said permit, after notice and hearing by the Board of Adjustment.
3. Permit Revocation. Home occupations shall be permitted as an accessory use subject to the above requirements. If a written complaint is filed with the Building Official by a property owner within a radius of 300 feet of the property, a public hearing before the Board shall be required to determine the continuance of the home occupation.
4. Permit Possession. Possession of the Home Occupation Permit shall rest with the property owner and not the property, and is non-transferable.
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