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Allowable special uses may be permitted, enlarged, or altered upon application for a special use permit in accordance with the rules and procedures of the Board of Adjustment. The Board of Adjustment will grant or deny a special use permit in accordance with the standards set forth herein and the intent and purposes of this ordinance. In granting special use permits, the Board of Adjustment will authorize the issuance of a special use permit and may prescribe and impose appropriate conditions, safeguards, and a specified time limit for the performance of the special use permit. Special use permits are not transferable.
1. Application for Special Use Permit. A request for a special use permit for a special use or modification of a special use may be initiated by a property owner or his authorized agent by filing an application with the Clerk upon forms prescribed for the purpose. The application shall be accompanied by a site plan and such other plans and data showing the dimensions, arrangements, descriptive data, and other materials constituting a record essential to an understanding of the proposed use or proposed modification in relation to the standards set forth herein. The application shall also be accompanied with a fee of $50.00.
2. Meeting. Before issuance of any special use permit, the Board of Adjustment will consider the application for special use permit at a meeting held at the call of the chairman within 47 days after the filing of the application.
3. Decisions. The concurring vote of four members of the Board of Adjustment shall be necessary to grant a special use permit. No order of the Board of Adjustment granting special use permit shall be valid for a period longer than six months from the date of such order, unless the Board of Adjustment specially grants a longer period of time or a building permit is obtained within the six month period and construction is commenced.
4. Standards. No special use permit shall be granted by the Board of Adjustment unless such Board shall find:
A. That the establishment, maintenance, or operation of the special use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare of the community.
B. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
C. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
D. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
E. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
F. The use shall not include any activity involving the use or storage of flammable, or explosive material unless protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material.
G. The use shall not include noise which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.
H. The use shall not include vibration which is discernible without instruments on any adjoining lot or property.
I. The use shall not involve any malodorous gas or matter which is discernible on any adjoining lot or property.
J. The use shall not involve any pollution of the air by fly ash, dust, vapors, or other substance which is harmful to health, animals, vegetation or other property or which can cause soiling, discomfort, or irritation.
K. The use shall not involve any direct or reflected glare which is visible from any adjoining property or from any public street, road, or highway.
L. The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.
M. The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provisions are made for any necessary adjustment.
5. General Area Standards.
A. The principal uses or special uses hereunder permitted in a district shall be located not less than 500 feet from a residential district.
The buildings, structures, enclosures, or use of land other than growing of cultivated farm crops, shall be located not less than 100 feet from the nearest property line.
(1) Auction or sale barns for the sale of livestock, poultry, eggs, or other similar agricultural produce.
(2) Fox, mink, or other similar fur-bearing animal farms.
(3) Feeding or shelter for livestock or poultry, kept on the premises for commercial purposes.
(4) Dog kennels.
(5) Landfills, including sanitary landfills, or dry waste dumps.
The City Council may, from time to time, on its own initiative, on application, or on recommendation by the City Planning and Zoning Commission, after public notice and hearings provided by law, and after report by the City Planning and Zoning Commission or after thirty days written notice to said Commission, amend, supplement, or change the regulations or districts herein or subsequently established.
1. Application. Whenever the owners of fifty percent or more of the area of the lots in any district or part thereof desire any amendment, supplement, or change in any of the provisions of this Chapter applicable to this area, they may file an application with the City Clerk requesting the City Council to make such amendment, supplement, or change.
2. Application and Fee. Such application shall be accompanied by a map or diagram showing the area affected by the proposed amendment, supplement, or change, together with the boundaries of the said area and the names and addresses of all the owners of record in the office of the County Recorder of Carroll County, Iowa, of lots therein and within a distance of 200 feet outside of the boundaries in said area, said application should be accompanied by a fee of $100.00 payable to the general fund of Carroll, Iowa.
3. City Planning and Zoning Commission. Said application shall immediately be transmitted to the City Planning and Zoning Commission for an investigation and report and said Commission shall file its recommendations approving, disapproving, or modifying the proposed amendment, supplement, or change with the City Council within 47 days thereafter.
4. Protest. If a written protest against any proposed amendment, supplement, or change shall be presented to the City Council, signed by twenty percent or more of the owners, either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed 200 feet therefrom or of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendments shall not become effective, except by the favorable vote of at least three-fourths of all the members of the City Council.
5. Limitation. Whenever an application requesting an amendment, supplement, or change of any regulation prescribed by this Chapter has been denied by the City Council, such application cannot be reviewed for one year thereafter unless it be signed by at least fifty percent of the property owners who previously objected to the change; this provision, however, shall not prevent the City Council from acting on its initiative in any case or at any time as provided in this ordinance.
6. Record. Administrative officer shall maintain a record of amendments to the text, the land use plans, and zoning maps in a form convenient for the use of the public and shall provide the City Clerk with a copy of each amendment to the text of this Ordinance and change to the land use plans and zoning maps and shall keep them as a part of the public record.
No building, structure or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, reconstructed, extended, enlarged, or altered contrary to the provisions of this ordinance.
1. Administrative Officer. The City Manager or his authorized representative shall serve as the administrative officer. The administrative officer shall have authority to grant building permits or certificates of occupancy; to make inspections and to make all decisions necessary to a proper carrying out of the provisions of this chapter. No oversight or dereliction on the part of any official or employee of the City shall legalize, authorize or excuse the violation of any of the provisions of this chapter.
2. Enforcement and Interpretation. The administrative officer or his authorized representative shall have the power and the duty to enforce and interpret the provisions of this ordinance. Any appeal from a ruling of the administrative officer shall be made to the Board of Adjustment. It is the intent of this ordinance that all questions or interpretation and enforcement shall first be presented to the administrative officer.
Where this ordinance imposes a greater restriction upon the use of buildings or land or upon the height of buildings or requires larger lots or yards than are imposed or required by existing provisions of law or ordinance or by such rules or regulations, this ordinance shall control.
3. Form of Petitions, Application and Appeals. All petitions, applications, appeals provided in this ordinance shall be made on forms provided for the purpose or as otherwise prescribed by the Board of Adjustment in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. All applications shall be accompanied by plans drawn to scale showing the actual shape and dimensions of a lot to be built upon, the exact size and location on the lot of the buildings and other structures existing and proposed buildings or structures, the existing and proposed and intended use of each building, structure, or land and such other pertinent descriptive information as is needed to determine their conformance with the provisions of this ordinance.
4. Violation and Penalties. Any person, firm, co-partnership, corporation, or other association of persons, whether acting directly or through employees or agents, that violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any provision of this chapter shall be deemed guilty of a municipal infraction and upon conviction thereof shall for each offense pay a sum not exceeding the maximum allowed by law. Each day that the violation continues shall be considered a separate offense.
(Ch. 170 – Ord. 1507 – Jan. 16 Supp.)
1. Definition. "Temporary Portable Storage Container" shall be defined as: a container primarily fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, or other portable structures that are placed on private property and used for storage of items, including, but not limited to, clothing, lawn and garden materials, lawnmowers, snowblowers, other equipment, goods, household or office furnishings, materials and merchandise. Temporary Portable Storage Containers shall also include, but not limited to storage box shipping containers, storage moving "pods", or any other similar portable storage containers, whether with or without wheels, and whether with or without a chassis.
2. Districts.
A. Residential Districts: The use of Temporary Portable Storage Containers in a Residential District including RB-1 and P.U.D. Districts is prohibited, except for the following uses:
(1) A single Temporary Portable Storage Container may be used in all residential zoning districts when a building permit has been issued for construction of a residential unit on that parcel. The Temporary Portable Storage Container shall be allowed on residential parcels during construction only. The Temporary Portable Storage Container shall be removed within ten (10) days after final building inspection by the City Building Officials upon completion of the residential unit or ten (10) days after the end of the construction period, whichever comes first.
(2) No Temporary Portable Storage Container shall be permitted on a vacant parcel unless the vacant parcel is adjacent to the parcel where a construction or remodel project has been issued a building permit by the City Building Officials.
(3) Temporary Portable Storage Container may be allowed on a residential parcel for a period not to exceed ten (10) days, if requested, and said request is allowed by building and zoning officials.
(4) Temporary Portable Storage Containers shall not impede traffic or pedestrians. No Temporary Portable Storage Container shall be located in a circulation aisle/lane, fire access lane, public utility easement or public right-of-way, including streets, sidewalks, and parks.
(5) Temporary Portable Storage Containers shall not be considered an accessory building and shall not be allowed as such.
B. Business Districts: The use of Temporary Portable Storage Containers in any Business District is prohibited, except for the following:
(1) Temporary Portable Storage Containers may be used for shipping and receiving merchandise and goods, provided that the Temporary Portable Storage Container does not remain stationary for more than five (5) days.
(2) Temporary Portable Storage Containers may be used for storing merchandise or goods, including long-term storage, provided that the Temporary Portable Storage Container is not kept in the front setback area or landscaped area, designated parking areas, fire access lanes, or public right-of-way. Any property used as residential in a Business District and is a nonconforming use in the Business District shall be prohibited from the use of a Temporary Portable Storage Container on that property and is subject to Section 170.39(2)(A) above.
(3) Temporary Portable Storage Containers may be used for construction or remodeling purposes when a building permit has been issued for construction on a parcel. The Temporary Portable Storage Container shall be allowed during construction only. The Temporary Portable Storage Container shall be removed within ten (10) days after final building inspection by the City Building Officials upon completion of the business unit or ten (10) days after the end of the construction period, whichever comes first. No Temporary Portable Storage Container shall be permitted on a vacant parcel unless the vacant parcel is adjacent to the parcel where a construction or remodel project has been approved by the City Building and Zoning Officials.
(4) Temporary Portable Storage Containers shall not impede traffic or pedestrians. No Temporary Portable Storage Container shall be placed or located in a circulation aisle/lane, fire access lane, public utility easement or public right-of-way, including streets, sidewalks, and parks.
C. Industrial Districts: The use of a Temporary Portable Storage Container is permissible in all industrial districts, provided they are not stored on public rights-of-way, in fire access lanes, in landscaped or front setback areas.
(1) Temporary Portable Storage Containers shall not impede traffic or pedestrians. No Temporary Portable Storage Container shall be placed or located in a circulation aisle/lane, fire access lane, public utility easement or public right-of-way, including streets, sidewalks, and parks.
(2) Any property used as residential in an Industrial District and is a nonconforming use in the Industrial District shall be prohibited from the use of a Temporary Portable Storage Container on that property and is subject to Section 170.39(2)(A) above.
3. Vertical stacking of Temporary Portable Storage Containers and stacking of any other materials on top of or around any Temporary Portable Storage Container shall be prohibited in all residential districts. Vertical stacking of Temporary Portable Storage Containers in business and industrial districts shall be allowed but limited to two containers, one stacked on top of another. Stacking of any other materials on top or around Temporary Portable Storage Containers shall be prohibited.
4. In all zoning districts, Temporary Portable Storage Containers must be kept in good repair, be secured against unauthorized entry and comply with City health regulations.
A. A Temporary Portable Storage Container is not in a state of good repair when it is incapable of being moved intact, holes in the container exist due to damage or rust, or it has been infested with vermin or other pests, has lapsed into disrepair or deterioration, or has been desecrated with graffiti to the point it becomes an eyesore to the public.
B. Any Temporary Portable Storage Container that is not in the state of good repair must be removed immediately.
5. Temporary Portable Storage Containers used for construction purposes must be approved by the City Building and Zoning Officials prior to placement when used during construction or remodel purposes for less than twelve (12) months.
6. A Temporary Portable Storage Container shall not be used as a dwelling or living quarters, nor for camping, cooking or recreation purposes for any amount of time in any zoning district.
7. Any Temporary Portable Storage Container existing on any property in the City of Carroll on the date of final passage of this ordinance shall be removed from such property or be brought into compliance with the provisions of this section within thirty (30) days of final passage of this ordinance.
(Ord. 2405 - Aug. 24 Supp.)
EDITOR’S NOTE | |||
The following ordinances have been adopted amending the Official Zoning Map referred to in Section 170.06 of this chapter and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect. | |||
ORDINANCE | ADOPTED | SUBJECT | |
1508 | November 9, 2015 | Rezoning from R-3PUD to R-3 | |
1510 | December 28, 2015 | Rezoning from R-5 to B-2 | |
1607 | April 25, 2016 | Rezoning from A-1 to B-2 | |
1608 | April 25, 2016 | Rezoning from A-1 to R-2 | |
1801 | January 22, 2018 | Rezoning from A-2 to I-2 | |
1802 | August 6, 2018 | Rezoning from A-1 to PUD | |
1803 | August 6, 2018 | Rezoning from R-3 to PUD | |
20-01 | January 13, 2020 | Rezoning from PUD to R-3 | |
2102 | July 26, 2021 | Rezoning from B-2 to RB-1 | |
2204 | August 22, 2022 | Rezoning from A-1 to R-3 & R-4 | |
2403 | January 22, 2024 | Rezoning from A-1 to R-3 | |
2406 | March 11, 2024 | Rezoning from R-6 to B-2 | |
2411 | May 28, 2024 | Rezoning from A-1 to R-3 | |
2413 | July 8, 2024 | Rezoning from R-2 to R-5 | |