Skip to code content (skip section selection)
Compare to:
Carroll Overview
Carroll, IA, Iowa Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF CARROLL, IOWA
SUPPLEMENT RECORD
GENERAL CODE PROVISIONS
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 ELECTION WARDS AND VOTING PRECINCTS
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 9 URBAN RENEWAL
CHAPTER 10 URBAN REVITALIZATION
CHAPTER 11 HOTEL AND MOTEL TAX
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 CITY TREASURER
CHAPTER 20 CITY MANAGER
CHAPTER 21 CITY ATTORNEY
CHAPTER 22 LIBRARY BOARD OF TRUSTEES
CHAPTER 23 PLANNING AND ZONING COMMISSION
CHAPTER 24 PARKS, RECREATION AND CULTURAL ADVISORY BOARD
CHAPTER 25 COMMUNICATIONS UTILITY BOARD OF TRUSTEES
CHAPTER 26 CIVIL SERVICE COMMISSION
CHAPTER 27 AIRPORT COMMISSION
CHAPTER 28 HISTORIC PRESERVATION COMMISSION
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 35 FIRE DEPARTMENT
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
CHAPTER 46 MINORS
CHAPTER 47 PARK REGULATIONS
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS
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 71 PUBLIC OFF-STREET PARKING
CHAPTER 72 COURTHOUSE PARKING
CHAPTER 73 PRIVATE PARKING LOTS
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE REGULATIONS
CHAPTER 77 IN-LINE SKATES, ROLLER SKATES AND SKATEBOARDS
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 81 RAILROAD REGULATIONS
CHAPTER 90 WATER SERVICE SYSTEM - GENERAL PROVISIONS
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 WATER CONSERVATION MEASURES
CHAPTER 94 PRIVATE WATER WELLS
CHAPTER 95 SANITARY SEWER SYSTEM - GENERAL PROVISIONS
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 99 SEWER SERVICE CHARGES
CHAPTER 100 STORM WATER UTILITY
CHAPTER 105 PUBLIC SOLID WASTE COLLECTION
CHAPTER 106 COLLECTION AND TRANSPORTATION
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 CABLE TELEVISION FRANCHISE
CHAPTER 113 RIGHTS-OF-WAY
CHAPTER 114 CITY ENTERPRISE FEES
CHAPTER 115 CEMETERY
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 123 PAWNBROKERS
CHAPTER 124 HOUSE MOVERS
CHAPTER 125 ADULT ENTERTAINMENT BUSINESSES
CHAPTER 135 STREET USE AND MAINTENANCE
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 140 CONTROLLED ACCESS FACILITIES
CHAPTER 141 CURB LINES
CHAPTER 145 DANGEROUS BUILDINGS
CHAPTER 146 MANUFACTURED AND MOBILE HOMES
CHAPTER 150 BUILDING NUMBERING
CHAPTER 151 TREES
CHAPTER 155 BUILDING CODE
CHAPTER 156 SIGN CODE
CHAPTER 157 FIRE PREVENTION CODE
CHAPTER 158 RENTAL HOUSING CODE
CHAPTER 159 VACANT PROPERTY CODE
CHAPTER 160 EMERGENCY REPAIRS OF PUBLIC IMPROVEMENTS
CHAPTER 161 COMMUNICATIONS TOWERS AND ANTENNAS
CHAPTER 165 FLOOD PLAIN REGULATIONS
CHAPTER 170 ZONING REGULATIONS
170.01 TITLE.
170.02 PURPOSE.
170.03 DEFINITIONS.
170.04 DISTRICTS ESTABLISHED.
170.05 CLASSIFICATION OF NEWLY ANNEXED TERRITORY.
170.06 ZONING MAP.
170.07 RULES FOR THE INTERPRETATION OF DISTRICT BOUNDARIES.
170.08 APPLICATION OF DISTRICT REGULATIONS.
170.09 HOME OCCUPATIONS.
170.10 NON-CONFORMING USE OF LAND, NON-CONFORMING STRUCTURES AND NON-CONFORMING USES OF STRUCTURES.
170.11 A-1, AGRICULTURAL DISTRICT.
170.12 A-2, AGRICULTURAL DISTRICT.
170.13 R-1 LOW-DENSITY RESIDENTIAL DISTRICT.
170.14 R-2, LOW-DENSITY RESIDENTIAL DISTRICT.
170.15 A-P, AGRICULTURAL PRESERVATION OVERLAY DISTRICT.
170.16 R-3, LOW-DENSITY RESIDENTIAL DISTRICT.
170.17 R-4, MEDIUM-DENSITY RESIDENTIAL DISTRICT.
170.18 R-5, HIGH-DENSITY RESIDENTIAL DISTRICT.
170.19 R-6, MOBILE HOME PARKS.
170.20 R-7, ONE AND TWO FAMILY RESIDENCE DISTRICT.
170.21 RB-1, RESIDENTIAL-BUSINESS TRANSITIONAL DISTRICT.
170.22 R-8, RESDENTIAL-AGRICULTURAL TRANSITIONAL DISTRICT.
170.23 P.U.D. PLANNED UNIT DEVELOPMENT DISTRICT.
170.24 B-1, LIGHT BUSINESS DISTRICT.
170.25 B-2, GENERAL BUSINESS DISTRICT.
170.26 B-3, CENTRAL BUSINESS DISTRICT.
170.27 I-1, LIGHT INDUSTRIAL DISTRICT.
170.28 I-2, GENERAL INDUSTRIAL DISTRICT.
170.29 F-1, FLOOD PLAIN DISTRICT.
170.30 WIND ENERGY CONVERSION SYSTEMS.
170.31 SOLAR ENERGY STANDARDS.
170.32 HEIGHT REGULATIONS.
170.33 SPECIAL PROVISIONS.
170.34 OFF-STREET PARKING & LOADING REQUIREMENTS.
170.35 BOARD OF ADJUSTMENT.
170.36 SPECIAL USE PERMITS.
170.37 AMENDMENTS.
170.38 INTERPRETATION, ENFORCEMENT AND PENALTY OF ORDINANCE.
170.39 TEMPORARY PORTABLE STORAGE CONTAINERS.
CHAPTER 171 AIRPORT ZONING REGULATIONS
CHAPTER 175 SUBDIVISION REGULATIONS
APPENDIX TO CODE OF ORDINANCES
Loading...
170.21   RB-1, RESIDENTIAL-BUSINESS TRANSITIONAL DISTRICT.
1.   Statement of Intent. The intent of the “RB-1” District is to provide for a transitional zone where residences and certain types of business may exist in a mutually compatible environment. This zone will be characterized by a low volume of traffic and limited outdoor advertising to protect the residences within and abutting the district, without restricting the growth of low intensity commercial uses. This district is basically designed as a buffer between strictly residential and commercial areas.
2.   Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A.   Business service such as banks, including drive-in teller service, insurance, real estate, office buildings.
B.   Professional office buildings, medical and dental clinics, day care centers, or similar uses.
C.   Equipment sales and services such as radio or television shops, business machines, musical instrument shops, sewing machine sales and service shops.
D.   Retail stores such as books and stationary shops, jewelry, apparel shops, bakery shops, candy shops, florist shops, gift shops, household goods, hardware store, variety stores and drug stores.
E.   Art goods and bric-a-brac shops.
F.   Personal services such as barber shops, beauty salons, reducing salons, photographic studios, clothes, cleaning and launderettes and shoe repair shops.
G.   Restaurants and cafes, ice cream parlors, soda fountains and dairy stores. The serving or selling of alcoholic beverages at restaurants or cafes is permitted where such use is incidental to the operation. However, taverns or night clubs where the serving or selling of alcoholic beverages is the primary use is not permitted.
H.   Multi-Family Dwelling, lodging and rooming houses.
I.   Single family detached dwellings, provided the minimum width for any building elevation shall not be less than twenty (20) feet.
J.   Two family dwellings.
K.   Churches, convents, rectories, or manses.
L.   Schools and colleges, public and private.
M.   Hospitals, sanitariums, rest homes, nursing homes, convalescent homes, or other similar institutions.
N.   Clubs or lodges.
O.   Funeral homes and Mortuaries.
P.   Public or private parks, playgrounds, historical sites, golf courses, and other outdoor recreational facilities which are commonly, but not necessarily, operated on a non-profit basis with hours of operation between 7:00 a.m. and 10:00 p.m.; 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.
Q.   Public buildings, libraries, community buildings, or other similar public buildings.
R.   Cemeteries.
S.   Accessory buildings and uses incidental to the principal use, including outdoor swimming pools.
T.   Other compatible uses as determined by the Board of Adjustment after consultation with the Planning and Zoning Commission.
3.   Special Uses. The following special uses are permitted in the “RB-1” District only in accordance with the provisions set forth hereinafter:
A.   Public utility and public service installations and facilities.
B.   Schools and Churches.
C.   Recreational facilities for profit including lighted facilities, but only with hours of operation between 7:00 a.m. and 10:00 p.m.
D.   Automobile service stations.
E.   Home Occupations.
F.   Grocery (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.
G.   Other compatible uses as determined by the Board of Adjustment after consultation with the Planning and Zoning Commission.
4.   Minimum Requirements. The following minimum requirements shall be observed:
A.   Lot Area: The minimum lot area shall be 4,800 sq. ft. for a single family dwelling, 7,000 sq. ft. for a two family dwelling, and 8,000 sq. ft. or 2,000 sq. ft. per dwelling unit, whichever is greater, for a multiple family dwelling. The minimum lot area for a business lot shall be 5,000 sq. ft.
B.   Yard Requirements:
Front Yard: Building setback shall be a minimum of 20 feet.
Side Yard: The side yard for single family dwellings and duplexes shall be a minimum of five (5) feet, except on a corner lot the street side yard for all buildings shall be a minimum of twenty (20) feet. Principal buildings other than business buildings adjacent to other business buildings, single family dwellings, and duplexes shall have a minimum side yard of ten (10) feet. A garage attached to a dwelling may be located five (5) feet from the side lot line, but not a street line. Business lots adjoining other business lots shall have a minimum side yard of five (5) feet.
Rear Yard: The rear yard for a residential dwelling shall be a minimum of ten (10) feet. A garage attached to a dwelling may be located five (5) feet from an alley line. The rear yard for a business building shall be twenty (20) feet.
5.   Off-Street Parking Requirements: Two per unit for all dwelling units; and one additional parking space is required for each renter in a rooming or boarding house; and for all other permitted uses as required in Section 170.34.
170.22   R-8, RESDENTIAL-AGRICULTURAL TRANSITIONAL DISTRICT.
1.   Statement of Intent. The intent of the “R-8” District is to provide for a transitional zone where single family and two family dwellings now located beyond the corporate limits of Carroll, but within the extended area set out in the 28E Agreement between the City of Carroll and Carroll County, may continue to exist and be rebuilt if damaged to any extent, but not to allow increases in the number of dwellings and not to allow expansion of the current dwellings or their accessory structures.
2.   Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A.   Any principal use permitted within the “R-1” or “R-7” Districts.
B.   No building permits shall be issued for residential dwelling construction within the R-8 District for new construction. However, existing residential dwellings and accessory structures may be repaired or replaced but may not be increased in square footage from that in place at the effective date of the Ordinance adopting this R-8 District zoning classification.
3.   Special Uses. The following special uses are permitted in the “R-8” District only in accordance with the provisions set forth hereinafter:
A.   Any special use permitted within the “R-1” or “R-7” Districts, and on the terms set forth therein.
4.   Minimum Requirements. The following minimum requirements shall be observed:
A.   Lot Area: same as the “R-1” District
B.   Yard Requirements: same as the “R-1” District
5.   Off-Street Parking Requirements. Same as the “R-1” District.
170.23   P.U.D. PLANNED UNIT DEVELOPMENT DISTRICT.
1.   Statement of Intent. The “P.U.D.” District is intended and designed to provide a means of the development or redevelopment of tracts of ground on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other sections of this ordinance. It is further the intent of this section that the basic principles of good land use planning, including an orderly and graded relationship between various types of uses, be maintained and that the zoning standards as set forth in this ordinance and statutes concerning light and air, recreation and open space, and building coverage by preserved. It is the intent of the City of Carroll that the planned residential development be encouraged for areas of the community, as appropriate, in particular those areas of the community now undeveloped and those areas which in time would be annexed to the City.
2.   Permitted Uses. Normal permitted uses are those of a residential character including single-family (detached or attached), two family and/or multiple family dwellings, and the usual accessory buildings, such as garages, storage space, maintenance structures, and buildings for recreational purposes. Commercial uses, limited to those specifically approved by the City Council, are permitted provided that such uses are primarily for the service and convenience of the residents of the development. Such commercial users are encouraged to be located within the residential buildings, however, if such uses are proposed to be contained within a separate freestanding structure:
A.   It must be so designed to reflect the residential character of the development; and,
B.   It may contain an identification sign no more than four square feet, placed flush on one wall and generally not observable from the periphery of the development.
No building permit for a free-standing commercial structure will be issued and/or no certificate of occupancy for commercial use of any residential structure will be issued until 60 percent of the development's dwelling units have been issued a certificate of occupancy.
3.   Minimum Requirements.
A.   Open Space Requirements. A major portion of any PUD is its open space. The desirability is closely tied to the integration of open space with the total development. A minimum of 20 percent of the land area shall be retained for common open air recreational uses and other usable open space. Quality standards acknowledge the separate and multiple functions of open space, active recreation, passive recreation and preservation of natural site amenities. In designing a PUD, consideration shall be given to such functions. The term open spaces shall not include space devoted to streets and parking. All land in the PUD indicated as common land and common open space shall be maintained by one of the following methods:
(1)   If the land is deeded to a Homeowner's Association (HOA), the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the PUD. The provisions shall include, but not be limited to:
a.   The HOA must be set up before the dwellings are sold.
b.   Membership must be mandatory for each home buyer and any successive buyer.
c.   The open space restrictions must be permanent.
d.   The HOA must be responsible for liability insurance, taxes, and the maintenance of recreational and other facilities.
(2)   All or any part of the open space system may be conveyed to the City of Carroll by joint agreement of the developer and City. Such conveyance may be by dedication or easement.
B.   Yard Requirements. The minimum lot and yard requirements of the conventional zoning districts in which the development is located shall not apply, except that minimum yards specified in the conventional district for suitable screening or buffering shall be provided around the boundary of the development. In the absence of any appropriate physical barrier, the Council may require open space or screening be located along all or a portion of the development boundary. While the minimum yard requirements of the conventional zoning district in which the development is located do not apply, a minimum distance of ten feet between buildings shall be observed.
C.   Maximum Density. The maximum number of dwelling units permitted in a “P.U.D.” development district shall be determined by dividing the net development area by the following maximum densities:
 
Zoning Classification
Maximum Density
R-1
7,500 sq. ft. per unit
R-2
Single family detached dwelling unit - 5,600 sq. ft. per unit; All other units - 3,700 sq. ft. per unit
R-3
Single family detached dwelling unit - 4,500 sq. ft. per unit; All other units -2,800 sq. ft. per unit
R-4
Single family detached dwelling unit -3,600 sq. ft. per unit; All other units - 1,900 sq. ft. per unit
R-5
Single family detached dwelling unit - 3,600 sq. ft. per unit; All other units - 1,500 sq. ft. per unit
Net development area shall be determined by subtracting from the gross development area any area proposed for streets.
If the development contains two or more zoning district classifications, the number of dwelling units permitted shall be determined by adding the maximum dwelling units allowable for each proportional part, but the dwelling units may be located within the development irrespective of the conventional zoning district classification of any particular area. However, if the development area includes land zoned “F-1”, maximum of thirty (30) percent of such land may be used in determining the number of development units that can be built within the entire development. No dwelling shall be placed on land zoned “F-1” in a “P.U.D.” development.
D.   Tract Size. The minimum size tract for a P.U.D. is two acres.
E.   Height Limitations. There shall be no maximum height requirement. However, height shall be regulated to the extent that it relates to the proposed development and to the general area within which the development is proposed to be located.
F.   Other Considerations. A number of major factors should undergo evaluation as a portion of design standards. These include:
(1)   Natural drainage areas shall be retained as appropriate and, if necessary, improved.
(2)   Due consideration shall be given to preserving natural site amenities and minimizing the disturbance to the natural environment.
(3)   Existing trees shall be preserved wherever possible. The location of the trees is to be considered in designing building locations, underground services, and paved areas.
(4)   If the development includes flood plain areas, they shall be preserved as permanent open spaces.
(5)   Due consideration shall be given to the natural topography and major grade change shall be avoided. If the development includes hillsides and slopes, special evaluation shall be given to geological conditions, erosion, and topsoil loss. If unfavorable development conditions exist, the City Council may restrict clearing, cutting, filling, or other substantial changes in the natural conditions of the affected area.
4.   Supplementary and Bulk Regulations. No part of an area required for the purposes of complying with the provisions of this section shall be included as an area required for another lot.
5.   Off-Street Parking Requirements. Two parking spaces per single unit dwelling and two parking spaces per unit for two or more unit dwellings; and for all other permitted uses as required in Section 170.34.
6.   Review Application Procedure. The reviewing and processing of any proposed P.U.D. shall be in two steps.
A.   Pre-Application Conference. Prior to any application for P.U.D. plan approval, contact shall be made with the Planning Division, Department of Community Development, for a pre-application conference. It is advised that the conference occur prior to an extensive financial expenditure on the part of the developer. The purpose of the meeting is to inform appropriate City Staff on the proposed development and to inform the developer about various City ordinances, applicability of the proposed development, timing of procedure, and any other pertinent information appropriate to the proposal. To this end, the developer must outline the proposal in schematic and/or written form for discussion purposes. Area of consideration include, but are not limited to:
(1)   General discussion of project, building types, timing of development.
(2)   Proposed land uses and density ranges.
(3)   Conformance to Land Use Policy Plan.
(4)   Utility and street arrangements and patterns.
(5)   Proposed open space and recreational facilities and review of natural amenities to be preserved such as hill forms, wet lands, wooded areas, and water courses. Subsequent to the meeting, the developer will be furnished, as appropriate, with any comments regarding the meeting including recommendations to inform and assist the developer in the processing of the proposed plan. No oral, written or schematically illustrated statements made during the course of the conference shall be held as legally binding. The Carroll City Council is the only authorized approval body, upon recommendation of the Planning and Zoning Commission.
B.   Application for P.U.D. Plan Approval. After the pre-application conference, application for P.U.D. plan approval may be made to the City Council on forms obtainable from the City Clerk. The City Council shall refer the application to the City Planning and Zoning Commission for review and recommendations. Such recommendations shall be forwarded to the City Council within 60 days of referral. Upon written request and approval by the City Council, an additional 60 days may be granted for a recommendation. All technical assistance to the Planning and Zoning Commission on the application shall be coordinated by the City Staff. The P.U.D. application shall include the following written and visual materials:
(1)   A written statement concerning the proposed development, including the nature of the project, proposed land uses, building types, density ranges, conformance with the Land Use Policy Plan, description of the open space and recreational system, and the form of organization proposed to own and maintain the common open space.
(2)   A site development plan containing the following:
a.   The proposed name of the area and the name(s) and address of the applicant(s).
b.   Legal description of the total site being developed along with the seal of the registered land surveyor making the plat.
c.   Total acreage and the location of the proposed land to be developed.
d.   The location and size of the land to be retained as common open space.
e.   Existing and proposed contours at two foot intervals.
f.   The existing and proposed public and/or private street and sidewalk system.
g.   The location and size of water and sanitary sewer lines.
h.   Provisions for the disposition of storm water or surface runoff.
i.   A statement of quantitative data including total number and types of structures to be constructed on the site, individual parcel sizes, lot coverage, gross and net residential densities, areas reserved for open space and recreation, and off-street parking areas.
j.   Projected schedule for development (construction schedule).
(3)   Site supporting information to include as, appropriate:
a.   Any water course areas.
b.   Unique natural features.
c.   Unique historical sites.
d.   General vegetation cover.
e.   Soil suitability.
(4)   Other information to be submitted with application:
a.   A landscape plan delineating the proposed treatment of the site. The plan shall be supplemented with a written “Statement of Intent” of the plan and how the intent is to be realized.
b.   Representative floor plans and exterior elevations of proposed structures and buildings.
c.   Percent of residential and commercial (business) development in the Planning Unit Development.
d.   Evidence that the developer is capable of successfully completing the proposed development.
e.   Evidence that the proposed development is compatible with the surrounding area.
f.   The substance of any covenants, grants, easements, or any other restrictions proposed to be imposed upon the land or building(s), including easements for public utilities.
7.   Processing Procedure. The processing for P.U.D. approval shall be in accordance with the Subdivision Chapter of this Code.
8.   Preliminary Plan Referral to Planning and Zoning Commission. The application, accompanying evidence and preliminary plan shall be referred to the Planning and Zoning Commission for study and report after a public hearing. The Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan and with recognized principals of civic design, land use planning, and landscape architecture. After a public hearing, the Commission may approve or disapprove the preliminary plan and request for rezoning as submitted, or require that the applicant amend the plan to preserve the intent and purpose of this ordinance to promote public health, safety, and general welfare.
A.   If the proposed development includes common land which will not be dedicated to the City, and the proposed development will not be held in single ownership, proposed by-laws of a homeowner's association fully defining the functions, responsibilities and operating procedures of the association shall be submitted. The proposed by-laws shall include but not be limited to provisions:
(1)   Automatically extending membership in the association to all owners of dwelling units within the development.
(2)   Limiting the uses of the common property to those permitted by the final development plan.
(3)   Granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property.
(4)   Placing the responsibility for operation and maintenance of the common property in the association.
(5)   Giving every owner of a dwelling unit voting rights in the association.
(6)   If the development will combine rental and for sale dwelling units, stating the relationship between the renters and the homeowner’s association and the rights renters shall have to the use of the common land.
B.   Performance bond or bonds approved by the City legal department and Director of Finance in an amount not less than the estimated cost of the bonded improvements, which bond or bonds shall insure to the City that the dedicated public streets and utilities, including sewers, located therein and other common development facilities shall be completed by the developer within the time specified on the final development plan.
C.   Covenant to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, that the owner or owners of the land or their successors in interest will maintain all interior streets, parking areas, sidewalks, parks and plantings which have not been dedicated to the City of Carroll in compliance with the ordinances of the City of Carroll, Iowa, and the final development plan as approved by the City Council, which shall be recorded in the office of the Carroll County Recorder.
D.   Additional easements or agreements required by the Council at the time of preliminary plan approval.
The final development plan and required documents shall be reviewed by the Commission, for compliance with the standards of this section and substantial compliance with the preliminary plan. The Commission's recommendations and report on the final development plan shall be referred to the Council. The Council shall review the final development plan and approve it if it complies with the standards of this section and is in substantial compliance with the preliminary development plan.
9.   Changes in Approved Plan. Changes of a minor nature may be made in an approved plan by the City Staff. However, any proposed change of a major consequence is only authorized by City Council upon recommendation by the Planning and Zoning Commission. Major changes shall include:
A.   Non-conformance to the original approved statement of intent;
B.   Any increase in density, numbers, and/or types of dwelling units;
C.   Non-conformance to the original approved overall statement of intent of the landscape plan;
D.   Any change in maximum height or change in location of structures or buildings.
If any proposed change is questionable as to whether it is a major or minor consequence, such determination shall be made by the City Council. A P.U.D. plan runs with the land and is binding on any and all interested parties from and after the time a P.U.D. is approved. No permits will be issued in an area that has been rezoned on application of owners representing that a P.U.D. will be submitted until the P.U.D. has been submitted and approved.
170.24   B-1, LIGHT BUSINESS DISTRICT.
1.   Statement of Intent. The intent of the B-1 District is to establish and preserve commercial districts which act as a buffer or transition between residential districts and general and central business districts, and which provide for the needs, convenience, and general benefit to the residents of the locality.
2.   Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A.   Business service such as banks, including drive-in teller service, insurance, real estate, office buildings.
B.   Professional office buildings, medical and dental clinics, day care centers, or similar uses.
C.   Equipment sales and services such as radio or television shops, business machines, musical instrument shops, sewing machine sales and service shops.
D.   Retail stores such as books and stationary shops, jewelry, apparel shops, bakery shops, candy shops, florist shops, gift shops, household goods, hardware store, variety stores and drug stores.
E.   Art goods and bric-a-brac shops.
F.   Personal services such as barber shops, beauty salons, reducing salons, photographic studios, clothes, cleaning and launderettes and shoe repair shops.
G.   Grocery, delicatessen, and meat market, but shall not include supermarkets.
H.   Restaurants and cafes, ice cream parlors, soda fountains and dairy stores. The serving or selling of alcoholic beverages at restaurants or cafes is permitted where such use is incidental to the operation. However, taverns or night clubs where the serving or selling of alcoholic beverages is the primary use is not permitted.
I.   Multi-Family Dwelling, lodging and rooming houses.
J.   Other compatible uses as determined by the Board of Adjustment after consultation with the Planning and Zoning Commission.
3.   Special Uses. The following special uses are permitted in the “B-1” District only in accordance with the provisions set forth hereafter:
A.   Public utility and public service installations and facilities.
B.   Schools and churches.
C.   Lighted recreational facilities.
D.   Automobile service stations.
E.   Other compatible uses as determined by the Board of Adjustment after consultation with the Planning and Zoning Commission.
4.   Minimum Requirements. The following minimum requirements shall be observed:
A.   Lot Area: 5,000 sq. ft. minimum
B.   Yard Requirements:
Front Yard: Building setback shall be a minimum of 20 feet.
Side Yard: The side yard shall be a minimum of 5 feet, except in the case of a commercial use lot adjoining a residential district, then the side yard shall be a minimum of 10 feet.
Rear Yard: The rear yard shall be a minimum of 20 feet.
5.   Off-Street Parking Requirements: Two per unit for all dwelling units; and one additional parking space is required for each renter in a rooming or boarding house; and for all other permitted uses as required in Section 170.34.
170.25   B-2, GENERAL BUSINESS DISTRICT.
1.   Statement of Intent. The intent of the “B-2” District is to establish and preserve a general business district, providing a wide variety of goods and services for the City.
2.   Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A.   All principal permitted uses in the “B-1” District except multi-family dwellings, boarding, lodging and rooming houses.
B.   Accessory buildings and uses.
C.   Apartments located above the first floor of a business.
D.   Automobile and truck sales or repairing.
E.   Automobile service stations.
F.   Banks, Savings and Loans, and Finance Companies.
G.   Business, general retail.
H.   Churches, Chapels and Mortuaries.
I.   Day Care Centers.
J.   Department Stores.
K.   Electrical, television and radio repair.
L.   Grocery Stores.
M.   Hotels and Motels.
N.   Night Clubs and Taverns.
O.   Office, general and professional including medical laboratories, clinics, health spaces, rehabilitation centers, real estate brokers and insurance agents.
P.   Parking Garages and/or Lots.
Q.   Personal Service Shops.
R.   Printing and Newspaper Houses.
S.   Public Utility and public service installations and facilities.
T.   Restaurants, cafes and coffee shops.
U.   Sundry shops and stores.
V.   Theaters, auditoriums and other places of indoor assembly.
W.   Vocational centers, medical and professional institutions.
X.   Warehouses and other storage completely enclosed within a building.
Y.   Wholesaling only in connection with retail and service businesses.
Z.   Other compatible uses as determined by the Board of Adjustment after consultation with the Planning and Zoning Commission.
3.   Special Uses. The following special uses are permitted in the “B-2” District only in accordance with the provisions set forth hereinafter:
A.   Multi-family Dwellings.
B.   Mortuaries.
C.   Other compatible uses as determined by the Board of Adjustment after consultation with the Planning and Zoning Commission.
D.   Lumber and building supply yards.
E.   Plumbing, heating and air conditioning shops.
F.   Carpenter and cabinet shops.
4.   Minimum Requirements. The following minimum requirements shall be observed:
A.   Lot Area: 5,000 sq. ft. minimum.
B.   Yard Requirements:
Front Yard - None.
Side Yard - None, except in the case of a commercial use lot adjoining a residential district, then the side yard shall be a minimum of 10 feet.
Rear Yard - None, except in the case of a commercial use lot adjoining a residential district, then the rear yard shall be a minimum of 20 feet.
5.   Off-Street Parking Requirements. Two per unit for all dwelling units; and, one additional parking space is required for each renter in a rooming or boarding house; and for all other permitted uses as required in Section 170.34.
170.26   B-3, CENTRAL BUSINESS DISTRICT.
1.   Statement of Intent. The intent of the “B-3” District is to establish a Central Business District for a variety of retail establishments, government and professional offices, and places of entertainment in a setting conducive to and safe for a high volume of automotive and pedestrian traffic. This district differs from the “B-2” District in that no off-street parking is required (except for multi-family dwellings) thereby creating and maintaining a concentrated commercial center.
2.   Principal Permitted Uses. A building or premises shall be used only for the following purposes:
A.   All principal permitted uses in the “B-2” District.
3.   Special Uses. The following special uses are permitted in the “B-3” District only in accordance with the provisions set forth hereinafter:
A.   All special uses permitted in the “B-2” District.
4.   Minimum Requirements. The following minimum requirements shall be observed:
A.   Lot Area: None
B.   Yard Requirements:
Front Yard - None.
Side Yard - None.
Rear Yard - None.
5.   Off-Street Parking Requirements. None, except for dwelling units, which shall provide for two (2) parking spaces per dwelling units.
170.27   I-1, LIGHT INDUSTRIAL DISTRICT.
1.   Statement of Intent. The intent of the “I-1” District is to establish and preserve a light industrial district for limited commercial and industrial uses.
2.   Principal Uses. A building or premises shall be used only for the following purposes:
A.   Warehouse type building for commercial or industrial storage, completely enclosed within a building.
B.   Lumber and building supply yards.
C.   Plumbing, heating and air conditioning shops.
D.   Automobile repair shops.
E.   Carpenter and cabinet shops.
F.   Any business, professional, retail, or service establishment permitted in the “B-1” or “B-2” Districts.
G.   Other compatible uses as determined by the Board of Adjustment after consultation with the Planning and Zoning Commission.
3.   Special Uses. The following special uses are permitted in I-1, “Light Industrial District” only in accordance with the provisions set forth hereinafter:
A.   Multi-family dwellings.
B.   Boarding, lodging and rooming houses.
4.   Minimum Requirements. The following minimum requirements shall be observed:
A.   Lot area: 5,000 sq. ft. minimum.
B.   Yard Requirements:
Front Yard: Building setback shall be minimum of 20 feet.
Side Yard: The side yard shall be a minimum of 5 feet, except in the case of an industrial use lot adjoining a residential district, then the side yard shall be a minimum of 10 feet.
Rear Yard: The rear yard shall be a minimum of 20 feet.
C.   Any open storage of supplies or materials or contractor’s equipment and/or supplies, or manufacturer's raw or finished products shall be enclosed by means of a fence or wall for the purpose of providing visual privacy. Said fence or wall shall not exceed six feet in height, and may be constructed of masonry or concrete, wood, or chain link fencing designed to be opaque. Any fencing shall comply with Section 170.33.
5.   Off-Street Parking Requirements. Two per unit for all dwelling units; and one additional parking space is required for each renter in a rooming, lodging or boarding house; and for all other permitted uses as required in Section 170.34.
170.28   I-2, GENERAL INDUSTRIAL DISTRICT.
1.   Statement of Intent. The intent of the “I-2” District is to create and preserve an area for industrial related uses of such nature that they require isolation from other kinds of land uses.
2.   Principal Permitted Uses. A building premises shall be used only for the following purposes:
A.   The manufacturing, assembling, compounding, packaging, processing, or treatment of products or raw materials.
B.   The storage of raw materials to be used in production, goods in process, or manufactured items.
C.   Warehouse buildings and commercial or industrial storage completely within an enclosed building.
D.   Cartage and express facilities or railroad and truck freight terminals.
E.   Public utility and public service installations and facilities including repair and storage facilities.
F.   Asphalt (hot-mix) plants, bulk plants and concrete plants.
G.   Large equipment sales and repair.
H.   All principal permitted uses of the “I-1” District.
I.   All other medium and heavy industrial uses as determined by the Commission.
3.   Special Uses. The following special uses are permitted in the “I-2” District only in accordance with the provisions set forth hereinafter:
A.   Sanitary landfills.
B.   Sewage lagoons.
C.   Stockyards and/or rendering plants.
D.   Open storage of new or used building supplies and materials.
E.   Open storage of contractor’s equipment and/or supplies.
F.   Junk yards and automotive wrecking yards.
4.   Minimum Requirements. The following minimum requirements shall be observed:
A.   Lot Area: 5,000 sq. ft. minimum.
B.   Yard Requirements: None, except when abutting a residential district or an arterial street the setback shall be 40 feet.
Side Yard - None, except when abutting a residential district or an arterial street the setback shall be 40 feet.
Rear Yard - None, except when abutting a residential district or an arterial street the setback shall be 40 feet.
C.   An open storage of supplies or materials, or contractor’s equipment and/or supplies, or manufacturer’s raw or finished products shall be enclosed by means of a fence or wall for the purposes of providing visual privacy. Said fence or wall shall not exceed six feet in height, and may be constructed of masonry or concrete, wood, or chain link fencing designed to be opaque. Any fencing shall comply with Section 170.33.
5.   Off-Street Parking Requirements. As required in Section 170.34.
170.29   F-1, FLOOD PLAIN DISTRICT.
1.   Statement of Intent. The intent of the “F-1” District is to establish and preserve areas which are susceptible to flooding.
2.   Principal Permitted Uses. In the “F-1” District, no building, structure, or other land use shall be erected or used except for one or more of the following uses:
A.   Flood control and irrigation uses and structures erected in connection with these uses.
B.   Parks, playgrounds, golf course, and other similar recreational facilities.
C.   Public utility and public service installations and facilities excluding business offices, repair and storage facilities.
D.   Upon a showing that measures have or will be taken for adequate flood protection, the City Engineer may permit the erection of buildings and structures in the flood plain zone.
3.   Designations of Major Flood Channels and Areas of Special Flood Hazard. Areas identified by the Federal Insurance Administration on the Flood Insurance Rate Map for the City of Carroll, Iowa, dated March 19, 1990, and any revision thereto, shall be designated as major flood channels and areas of special flood hazard. These areas shall be zoned F-1.
4.   Adoption of Regulatory Floodway. The regulatory floodways and elevations identified by the Federal Insurance Administration are hereby adopted.
A.   In the regulatory floodways, no development or encroachment (including fill, new construction, substantial improvements, and other development), which will result in any increase in flood levels during the base flood discharge shall be permitted.
5.   Revision of Flood Channels and Areas of Special Flood Hazards. The City Engineer may revise the elevations for flood channels and areas of special flood hazards not identified by the FIA based on areas computation, rainfall, water flow, surface profile and such other matters as may come to his knowledge and attention.
6.   Inclusion of Flood Channel and Areas of Special Flood Hazards. The flood channels and areas of special flood hazards established in this article shall be designated by appropriate symbols on the official zoning map.
170.30   WIND ENERGY CONVERSION SYSTEMS.
1.   Purpose. The purpose of this section is to allow and encourage the safe, effective and efficient use of small wind energy systems; identify locations in areas of the City which would be least adversely impacted by the visual, aesthetic, and safety implications of their siting; and enhance the ability of the providers of wind energy services to provide such services to the community quickly, efficiently, and effectively.
2.   General Regulations.
A.   General: wind energy conversion systems shall be allowed as a special use accessory to a permitted use in all zoning districts other than residential zoning districts.
B.   Prohibited: commercial wind energy conversion systems are prohibited within the City and the Two-Mile 28-E Agreement Area.
C.   Number of systems per property: no property shall contain more than one wind energy conversion system.
D.   Permit required: all wind energy conversion systems require a special use permit to be obtained from the Board of Adjustment prior to site grading and installation. The Board of Adjustment can revoke a special permit at any time if the requirements set forth in this ordinance and/or any conditions imposed by the Board of Adjustment are not met. The Board of Adjustment will revoke the special use permit of an abandoned wind energy conversion system.
E.   Insurance: the owner/operator of a wind energy conversion system unit must demonstrate adequate liability insurance.
F.   FAA Regulations: wind energy conversion systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The applicant has the responsibility of determining applicable FAA regulations and must provide evidence of securing the necessary approvals.
G.   Maintenance: all wind energy conversion systems shall be properly maintained in operational condition at all times, subject to reasonable maintenance and repair outages. The owner of any wind energy conversion system deemed unsafe by the zoning official or his/her designee shall repair the structure to meet all federal, state and local safety standards or remove it within six (6) months.
3.   Bulk Regulations:
A.   Minimum Lot Size: two (2) acre minimum lot size required for any tower mounted wind energy conversion systems.
B.   Minimum Setback Requirements: all wind energy conversion systems shall require a setback of one hundred ten percent (110%) of the total system height from any property line.
C.   Maximum Height: the maximum height for wind energy conversion system is eighty (80) feet.
D.   Number of Systems Allowed: no more than one (1) wind energy system may be placed on any parcel.
E.   Location:
(1)   Tower mounted wind energy conversion systems shall only be located outside of any minimum building setback requirements.
(2)   No part of a wind energy conversion system shall be located within or over drainage, utility or other established easements, or on or over property lines.
(3)   A wind energy conversion system shall be in compliance with guidelines of the Federal Aviation Administration (FAA) regulations.
(4)   No wind energy conversion system shall be constructed within twenty (20) feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five (5) feet.
(5)   No wind energy conversion system shall be located in a residential zoning district.
(6)   No roof mounted wind energy conversion system will be allowed.
4.   Minimum System Design Standards. The following standards are required of all wind energy conversion systems and shall be deemed to be conditions of approval for every wind energy system.
A.   Color: the wind energy conversion system shall be white or light gray in color. Other neutral colors may be allowed at the discretion of the Board of Adjustment. The surface of the structure shall be non-reflective.
B.   Lighting: no lights shall be installed on the tower, unless required by the Federal Aviation Administration (FAA).
C.   Signs: One sign, limited to four (4) square feet, shall be posted at or near the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the phone number to the property owner/operator to call in case of emergency. Such sign shall be directly visible from any external fencing and/or landscaping. Brand names or advertising associated with any installation shall not be visible from any public right-of-way.
D.   Clearance of Blade Above Ground: no portion of the tower mounted wind energy conversion system shall extend within thirty (30) feet of the ground. No blades may extend over parking areas, driveways or sidewalks.
E.   Installation: installation must be done by a qualified professional and according to manufacturer’s recommendations.
F.   Noise: the wind energy conversion system shall not exceed 65 decibels, except during short term events such as severe wind storms and utility outages. Maximum sound pressures will be measured from the closest point on the closest property line.
G.   Use of Electricity Generated: a wind energy conversion system shall be used exclusively to supply electrical power for onsite consumption, except that when a parcel on which a wind energy conversion system is installed also receives electrical power supplied by a utility company, excess electrical power generated by the wind energy system and not presently needed for onsite use may be used by the utility company in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code.
H.   Automatic Over speed Controls: all wind energy conversion systems shall be equipped with manual and automatic over-speed controls to limit the blade rotation speed to within the design limits of the wind energy conversion system.
I.   Electromagnetic Interference: all blades shall be constructed of a nonmetallic substance. No wind energy conversion system shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No wind energy conversion system shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link’s operation.
J.   Interconnection: the wind energy conversion system, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa Utilities Board.
K.   Wind Access Easements: the enactment of this section does not constitute the granting of an easement by the City. The owner/operator shall provide covenants, easements, or similar documentation to assure sufficient wind to operate the wind energy conversion system unless adequate accessibility to the wind is provided by the site.
L.   Shadow Flicker: a shadow flicker model demonstrates that shadow flicker shall not fall on, or in, any existing residential structure. Shadow flicker expected to fall on a roadway or a portion of residentially zoned parcel may be acceptable if the flicker does not exceed thirty (30) hours per year; and the flicker will fall more than one hundred (100) feet from an existing residence; or the traffic volumes are less than five hundred (500) vehicles per day on the roadway. The shadow flicker model shall:
(1)   Map and describe within a one thousand (1,000) foot radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, locations of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy, and wind directions and speed;
(2)   Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of hours per year of flicker at all locations;
(3)   Identify problem areas where shadow flicker will interfere with existing or future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in sitting of the wind energy conversion system, a change in the operation of the wind energy conversion system, or grading or landscaping mitigation measures.
M.   Appearance: the property owner of any wind energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system. The owner shall maintain the ground upon which the system is located in an orderly manner, such that is free of debris, tall grass and weeds, and any structures remain quality in appearance.
5.   Abandonment. Any wind energy system that is not operated for a period of one hundred eighty (180) consecutive days shall be considered abandoned and shall constitute a nuisance. Within the next 180 days, after notice from the City, the owner shall reactivate the tower or it shall be dismantled and removed at the owner’s expense. Removal of the system includes the entire structure including foundations, transmission equipment and fencing from the property. If the abandoned wind energy system is not removed in the specified amount of time, the City may remove it and recover its costs from the wind energy conversion system owner or owner of the ground upon which it is located.
6.   New Technologies. Should new technology present itself after construction that is more effective, efficient, and economical, the owner may petition the City to allow the upgrade, provided that the upgrade does not alter the conditions set forth in this chapter.
7.   Liability and Damages. The owner/operator of a wind energy conversion system must demonstrate adequate liability insurance. Upon the granting of a permit, applicant shall assume full responsibility for any and all damages, claims, expenses, liabilities, judgments and costs of any kind, including reasonable attorney’s fees related to or caused by the erection, location, use, or removal of a facility, whether on public or private property, and shall agree to hold the City harmless, indemnify and defend it from all such liabilities incurred or judgments entered against it as a result of the erection, location, use or removal of the facility.
8.   Engineer Certification. Applications for wind energy conversion systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the applicable regulations and certified by a licensed professional engineer shall also be submitted.
9.   Utility Notification. A wind energy conversion system shall not be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator.
10.   Application and Approval Requirements. Applications for a special use permit shall be submitted with the following information:
A.   A properly completed and signed application.
B.   A statement from the applicant that the wind energy conversion system will be installed in compliance with manufacturer’s specifications, and a copy of the manufacturer’s specifications.
C.   A statement indicating what hazardous materials will be used or stored on the site and how those materials will be stored.
D.   A description of the wind energy conversion system’s height and design, including a cross section, elevation, and diagram of how the wind energy conversion system will be anchored to the ground, prepared by a professional engineer licensed in the State of Iowa.
E.   A site plan including the following information:
(1)   Legal description of the property
(2)   Parcel boundaries
(3)   Existing buildings
(4)   Easements
(5)   Fencing
(6)   Proposed location of wind energy conversion system
(7)   Setbacks
(8)   Travel ways
(9)   Overhead utility lines
(10)    Contour map with contours at intervals of two feet, if the general slope is less than ten (10) percent, and at vertical intervals of five feet if the general slope is greater than ten (10) percent.
(11)    If connection to the publicly regulated utility grid is proposed, a copy of the contract between applicant and utility verifying the proposed connection is acceptable, and/or other evidence making clear that the utility is aware of the proposed connection and finds it acceptable.
(12)    Shadow flicker model.
F.   The City may require that the application and site plan be reviewed by a City Engineer before the Board of Adjustment schedules a hearing on the application for a special use permit.
11.   Accessory Use. A wind energy conversion system shall only be allowed as an accessory use to a permitted principal use.
Loading...