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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.
1. Statement of Intent. Within the various districts established by this chapter or its amendments there exist structures and uses of land with or without structures which are lawful or vested non-conforming uses prior to the adoption of this chapter in its amendments, but which would be prohibited, regulated or restricted under the provision of this chapter. It is the intent of this chapter to permit those non-conformities to continue even though they are incompatible with the district in which they are located so long as provisions hereinafter set forth are complied with. It is the general intent of this chapter to restrict non-conformities so that compatibility of land use and zoning will prevail.
2. Non-Conforming Uses of Land. The lawful use of land upon which no building or structure is erected or constructed, which is a vested non-conforming use under this and prior zoning ordinances as adopted or amended, may be continued as long as such use remains otherwise lawful, subject to the following provisions:
A. No such non-conforming use shall be enlarged, increased or extended to occupy a greater area of land.
B. No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel.
C. No structure or building shall be constructed on or moved onto the land, unless the use is changed to a use permitted in that district.
D. If any non-conforming use of land ceases for any reasons for a period of one (1) year, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.
3. Non-conforming Uses of Structures. If a lawful use of vested non-conforming use of a structure and land in combination exists at the effective date of adoption or amendment to these regulations, that would not be allowed in the district under the terms of these regulations, the use may be continued so long as it remains otherwise lawful, subject to the following provisions.
A. No existing structure devoted entirely or in part to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, reconstructed, moved or structurally altered, unless the use is changed to a use permitted in the district in which the structure is located, or this it is not enlarged or altered in anyway which increases the degree or nature of its non-conformity, and, provided that any enlargement or addition shall conform to current zoning regulations. Should the structure causing a non-conforming use be destroyed by any means to an extent of sixty percent (60%) or more of its replacement cost at the time of destruction, exclusive of the foundation, it shall not be reconstructed.
B. Any vested non-conforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time it became non-conforming. No such use shall be extended to any land outside such building.
C. If no structural alterations are made, a vested non-conforming use of a structure may be changed to another non-conforming use of a similar nature or a more restrictive classification. Whenever a non-conforming use has been changed to one of a more restrictive classification, or to a conforming use, such use shall not thereafter be changed to one of a less restrictive classification. Any proposed change or addition in usage of a non-conforming structure must first be reviewed by the Planning and Zoning Commission. Such review shall consider such features as similarities of use, character of use, traffic generation, and other applicable features. A recommendation shall be forwarded to the Zoning Board of Adjustment for review and determination if the proposed use is of a similar nature or one of a more restrictive classification. The Board of Adjustment shall then approve or disapprove the proposed use.
4. Non-Conforming Structures. Where a vested non-conforming structure is non-conforming by reasons of restriction on area, lot coverage, height, yards, or other characteristics of the structure and its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. That it is not enlarged or altered in a way which increases its non-conformity, and provided that such enlargement or addition conforms in all respects to existing zoning regulations.
B. Should it be destroyed by any means to an extent of sixty percent (60%) or more of its replacement cost at the time of destruction, exclusive of the foundations, it shall not be reconstructed except in conformity with the provisions of this chapter.
C. Maintenance and Repair to vested Non-conforming Structures. Nothing in this section shall prohibit the maintenance and repair of vested non-conforming structure to keep such structures in sound and safe condition, provided that no structural enlargement, extension, alteration, or change shall be made to increase the degree of non-conformity.
5. There may be change of tenancy, ownership, or management of any existing non-conforming use of land, structure, or land and structure providing there is not a change in the nature or character of said non-conforming use.
1. Statement of Intent. This district is intended to accommodate areas predominantly agricultural in character or undeveloped for urban use.
2. Principal Permitted Use. A building or premises shall be used only for the following purposes:
A. Agricultural crops, including truck gardening, but not raising of poultry, pets, or livestock for commercial purposes, or on a scale that would be objectionable because of noise or odor or sight to surrounding residences.
B. Plant nurseries including greenhouses.
C. Stables.
D. Cemeteries.
E. Public or private parks, playgrounds, historical sites, golf courses, and other outdoor recreation facilities which are commonly, but not necessarily, operated on a non-profit basis; however, amusement parks, golf driving ranges, golf miniature putting courses, normally operated for profit and employing manufactured or constructed facilities of an unnatural or non-environmental design shall be excluded.
F. Country Clubs.
G. Churches.
H. Schools and colleges, public and private.
I. Public utility and public service installations and facilities excluding business offices and repair and storage facilities.
J. Single family detached dwellings, provided the minimum width for any building elevation shall not be less than twenty (20) feet.
K. Accessory buildings and uses incidental to the principal use, including outdoor swimming pools.
L. Private garages or parking areas.
3. Special Uses. The following special uses are permitted in the "A-1" District only in accordance with the provision set forth hereinafter.
A. Gasoline service stations and neighborhood and convenience stores which front on either a collector or arterial street with hours of operation between 7:00 a.m. and 10:00 p.m. Gasoline service stations shall refer to any building or premises used for the retail sale of automotive fuels, oils, and other items customarily associated with the sale of such products, but not for the purpose of making other than minor repairs.
4. Minimum Requirements. The following minimum requirements shall be observed:
A. Lot Area Single family dwelling - 43,560 sq. ft. (excluding rights-of-way)
B. Lot Width Single family dwelling at building line, 100 ft.
C. Front Yard 50 feet minimum
D. Side Yard 20 feet minimum
E. Rear Yard 50 feet minimum
5. Off-Street Parking Requirements. Two per unit required for single family dwellings; and for all other permitted uses as required in Section 170.34.
1. Statement of Intent. This district is intended to accommodate areas predominately agricultural in character or undeveloped for urban use and which are beyond the corporate limits but which fall in the extended area set out in the 28E Agreement between the City of Carroll and Carroll County for zoning, platting and building code control.
2. Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A. Agricultural purposes including necessary buildings and structures which shall be used for agriculture including but not limited to farming, dairying, pasturage, horticulture, floriculture and animal and poultry husbandry and the necessary accessory uses for packing, treating and storing, the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
B. Public parks, playgrounds and recreational areas.
C. Public utility and public service installations and facilities.
D. Cemeteries of 10 acres or more in size.
E. Churches, chapels or parish houses located not less than 20 feet from any side lot line in any “R” District.
F. Any building or structure occupied or used for nursery, elementary, junior high or high schools, public libraries and similar public cultural uses located not less than 20 feet from any side lot line.
G. Sale of nursery and greenhouse products.
H. Railroad rights of way and trackage, not including switching, storage, terminal facilities or freight yards.
I. Single Family detached dwellings.
J. Transformer stations or booster or pressure regulating stations without service yard or storage.
K. Accessory buildings and uses incidental to the principal use, including outdoor swimming pools.
L. Private parking areas.
M. Hospitals, sanitariums, rest homes, nursing homes, convalescent home, or similar institutions that are connected and served by City of Carroll public water and sanitary sewer systems.
(Ord. 1703 - May-17 Supp.)
3. Special Uses: The following special uses are permitted in the “A-2” District only in accordance with the provisions set forth hereinafter.
A. Home occupations.
B. When granted Special Use Permit by the Board of Adjustment after consultation with the Planning and Zoning Commission:
(1) Sanitary landfills, in accordance with County and State regulations except that no sanitary landfill shall be operated within 1,320 feet of any “R” District.
(2) Removal and loading of minerals, sand and gravel, including equipment, buildings or structures for screening, crushing, mixing, washing or storage located not less than 500 feet from any “R” District and suitably distant or properly screened from any designated scenic highway.
(3) Privately operated country clubs, golf courses, marinas or docking facilities, guest ranches, swimming clubs, riding stables, lakes, resorts or similar recreational uses provided that any principal or accessory building in connection therewith shall be located above flood hazard elevation and not less than 200 feet from any lot in an “R” District.
(4) Airports and landing fields.
(5) Rural business enterprise. A small business which is clearly secondary to the principal permitted use of a single-family dwelling. Such business enterprise shall be owned by the owner of the single-family dwelling located thereon. A Rural Business Enterprise may include manufacturing, assembling, compounding, packaging, processing, or treatment of products or raw materials. It may also include the storage of raw materials to be used in production, goods in process, or manufactured items. These uses are of such nature they require isolation from other kinds of land uses allowed within an A-2 Agricultural District which is intended to accommodate areas predominately agricultural, rather than industrial, in character. The following restrictions shall also apply to a Rural Business Enterprise.
a. Any Special Use Permit granted under this Section for a Rural Business Enterprise shall be for businesses whose primary use is agricultural in nature.
b. A Rural Business Enterprise may be permitted on an adjacent vacant parcel in this district provided that the adjacent vacant parcel is owned by the same owner of the principal single-family dwelling.
c. Rural Business Enterprises may be permitted on vacant parcels across a public right-of-way so long as the parcel is within 200 feet of the property owned and occupied as the principal single-family dwelling and said vacant parcel is owned by the same owner as the dwelling.
d. A Rural Business Enterprise shall be limited to one structure which shall be no larger than 20,000 square feet and shall comply with existing height and lot restrictions established in this district.
e. A structure used for a Rural Business Enterprise shall comply with all state and local building code requirements.
f. All equipment and materials outside the structure shall be stored inside a privacy fenced area on the same parcel.
g. A Rural Business Enterprise shall employ no more than Fifteen (15) employees, including both full and part-time.
h. Only wall signs shall be permitted for a Rural Business Enterprise. The total square footage of the sign face area shall not be greater than 32 square feet and shall not be illuminated.
i. Only one Rural Business Enterprise may be permitted per single-family dwelling.
k. Special use permit applications and standards must be satisfied as established and required in Section 170.36.
(Ord. 2302 - Jul. 23 Supp.)
4. The following minimum or maximum requirements shall be observed:
A. Lot area: The minimum lot area shall be 5 acres.
B. Lot width: 300 feet minimum
C. Front Yard: 80 feet minimum along state and federal roads 60 feet minimum along other public roads.
D. Side Yards: 30 feet minimum
E. Rear Yard: 100 feet minimum
F. The maximum height for a principal structure shall be 30 feet and 15 feet for an accessory structure, except as provided in Section 170.32(1).
5. Off-Street Parking Requirements: Two per unit required for single family dwelling; and for all other permitted uses as required in Section 170.34.
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