The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter or in effect after February 8, 1965.
(A) Height regulations.
(1) Schools, public buildings and institutions may be erected to a height not exceeding 85 feet in any district in which they are permitted, provided front and rear yards are increased in width one foot for each foot of height that the building exceeds the height regulations of the district in which it is located.
(2) The height regulations prescribed herein shall not apply to grain elevators, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, scenery lofts, ornamental towers and spires, chimney, elevator bulkheads, smoke stacks, conveyors, flag poles and heating, ventilation and air conditioning systems or wind energy conversions systems (as permitted under § 159.049(D)(24) below.
(3) The limitation on the number of stories shall not apply to buildings used exclusively for storage purposes, provided that the buildings do not exceed the height in feet permitted in the district in which they are located.
(4) Industrial buildings housing unmanned automated storage and retrieval systems ("ASRS") situated within the M-2 or M-3 zoning districts may be erected to a height not to exceed 135 feet provided the distance between such building and the nearest residential or commercial zoning district boundary shall be no less than 20 feet for each one foot of height that such building exceeds the generally applicable maximum height regulation for the zoning district in which the building is situated.
(B) General area exceptions and modifications.
(1) Required yard. Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in a rear yard and except for the ordinary projection or sills, eaves, soffitts, belt courses, cornices and ornamental features not to exceed two feet unless yard requirements are adjusted proportionately.
(2) Fire escapes. Open or lattice enclosed fire escapes, required by law, projecting into a yard not to exceed five feet and the ordinary projection of chimneys and pilasters shall be permitted by the Building and Neighborhood Services Director or his or her designee when placed so as not to obstruct light and ventilation.
(3) Awnings, canopies, bay windows, solar energy collectors and heat storage units. Awnings, canopies, bay windows, solar energy collectors and heat storage units may encroach into a required yard a distance not exceeding three feet unless yard requirements are adjusted proportionately. If located in a required side yard, these projections must be at least two feet from an adjacent side lot line.
(4) Educational, institutional, motel, hotel, commercial or industrial purposes. Where a lot or tract is used for educational, institutional, motel, hotel, commercial or industrial purposes, more than one main building may be located upon the lot or tract but only when the buildings conform to all open space requirements around the lot or tract where located.
(5) Open space. Where an open space is more than 50% surrounded by a building, the minimum width of the open space shall be at least 20 feet for one story buildings, 30 feet for two-story buildings and 40 feet for buildings three or more stories in height.
(6) Land, farm outbuildings, farm barns or other buildings. The following height and area requirements shall apply to land, farm outbuildings, farm barns or other buildings or structures used for agricultural purposes:
Maximum number of stories of a building | 3 stories |
Maximum height of building | 100 feet |
Minimum depth of front yard | 30 feet |
Minimum depth of side yard | 5 feet |
Minimum depth of rear yard | 25 feet |
(7) Vacant lots. In residential districts, no fence, garage, shed or any other accessory structure may be constructed on a vacant lot. No vacant lot in a residential district may be used for storage or as a parking lot.
(8) Visual clearance zones. In all zoning districts, nothing shall be erected, placed, planted or allowed to grow on a corner lot in a manner as to significantly impede vision between a height of two and one-half feet and ten feet above the centerline street grade of an area described as follows: that triangular shaped area bounded by the street or road right-of-way lines of a corner lot or tract and a straight line joining points on the right-of-way that are 20 feet from the point of intersection of the right-of-way lines.
(9) Signs. Where signs are permitted by the regulations established in § 159.048, allowable ground signs, directional signs and projecting signs may occupy required yard areas.
(C) Front yards. The front yards heretofore established shall be adjusted in the following cases.
(1) Where 40% or more of the frontage on the same side of the street between two intersecting streets is developed with buildings which have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
(2) Where 40% or more of the frontage on the same side of a street between two intersecting streets is developed with buildings that do not have a front yard as described above, then:
(a) Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of adjacent buildings, including open porches on each side;
(b) Where a building is to be erected on a parcel of land that is within 100 feet of any existing building on one side only, the building may be erected as close to the street as the existing adjacent building; or
(c) Where a building is to be erected on a parcel of land that is more than 100 feet from any building on either side, a front yard having a depth of not less than 25 feet shall be provided.
(3) Interior lots fronting on two non-intersecting streets shall provide the required front yard on both streets.
(4) Building setback lines in approved subdivisions shall apply along the frontage in place of any other setback requirements unless specified yard requirements in this chapter require a greater setback.
(5) On corner lots, a front yard shall be provided on each street. For lots of record approved prior to February 8, 1965, a ten-foot side yard adjacent to the side street is observed except if the main building is closer than ten feet, in which case any addition can be in line with the existing building. All accessory buildings/uses must also follow these requirements.
(6) Filling station pumps and pump islands may be located within a required yard provided they are not less than 15 feet from any street line and not less than 50 feet from any residential district. Awnings and canopies that provide shelter for fuel pumps may encroach into required yards no closer than five feet from the lot line. On corner lots, all structures shall adhere to the requirements of visual clearance zones.
(D) Side yards. The side yard regulations heretofore established shall be adjusted in the following cases.
(1) Commercial or industrial buildings used in part for dwelling purposes shall provide side yards of not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard or court.
(2) For the purpose of side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one building occupying one lot.
(3) Whenever a lot of record approved prior to February 8, 1965, has a width of less than 50 feet, the side yard on each side of a building may be reduced to a width of not less than 10% of the width of the lot, but in no instance shall it be less than four feet.
(4) Side yards on corner lots shall follow the requirements for front yards on corner lots.
(5) A drive through roof structure, carport or canopy may project into a required side yard, provided every part of the roof structure, carport or canopy is unenclosed except for the necessary structural supports and is not less than five feet from any side lot line.
(E) Rear yards. The rear yard regulations heretofore established shall be adjusted in the following cases.
(1) Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear yard when determining area requirements for accessory buildings.
(2) On corner lots, the minimum required rear yard may be reduced to ten feet in the case of a building fronting on the long side of a lot, provided there is a minimum side yard of 25 feet on the side of the building not fronting a street.
(F) Lot area per family. Where a lot of record approved prior to February 8, 1965, or a lot in a subdivision which the Council has officially approved and has agreed to accept from February 8, 1965, has less area or width than therein required in the district in which it is located, the lot may nonetheless be used for a one family dwelling or for any other non-dwelling use permitted in the district in which it is located, with the approval of the Zoning Board of Adjustment as provided in §§ 159.049 and 159.080. In residential districts where two or more contiguous lots have a width and area less than that herein required and are under common ownership, and are of the size as together constitute a conforming lot, the lots or portions thereof shall be joined, developed and used for the purposes of forming an effective and conforming lot or lots.
(G) Accessory buildings. The regulations set forth in this division regulate all accessory buildings.
(1) Accessory buildings must be in a rear or side yard and shall not occupy more than 30% of said yard in all zoning districts. In the C-2 and all M, A and R Districts, the height and aggregate ground cover of all residential accessory buildings shall not exceed those listed below.
(a) A maximum of three accessory buildings may be considered in determining aggregate ground cover.
Zone | Use | Size of lot | Aggregate ground cover (sq. ft.) | Height (ft) | Restrictions |
Zone | Use | Size of lot | Aggregate ground cover (sq. ft.) | Height (ft) | Restrictions |
A-1 | Residential (Active Agricultural Farm) | Over 5 acres | - | - | Follow § 159.046(A)(6) |
C-2 and any R | Residential | Over 5 acres | 5,000 | 24 | 10 ft. away from property line for every 1 ft. exceeding 18 ft. in height; up to 10,000 sq. ft. with special use permit |
C-2 and any R or M | Residential | 3-5 acres | 2,500 | 24 | 10 ft. away from property line for every 1 ft. exceeding 18 ft. in height; up to 5,000 sq. ft. with special use permit |
C-2 and any R or M | Residential | 1-3 acres | 2,000 | 24 | 10 ft. away from property line for every 1 ft. exceeding 18 ft. in height; up to 4,000 sq. ft. with special use permit |
C-2 and any R or M | Residential | Under 1 acre | 1,500 | 18 | - |
R-4 | Multifamily | Converted house | 2,000 | 18 | Or 250 sq. ft. per dwelling, whichever is greater |
R-5 | Multifamily | Complex | - | 20 | 250 sq. ft. per dwelling |
M-1, M-2, M-3 | Residential | Over 5 acres | 10,000 | 24 | 10,000 sq. ft. with special use permit; must be at least 300 ft. from any adjacent residential property |
(b) One yard shed, not exceeding 160 square feet in floor area, shall be permitted irrespective of the aggregate ground cover restrictions set forth above.
(2) All residential accessory buildings located on one acre lots or less, and all accessory buildings below 2,000 square feet (except yard sheds under 160 square feet in floor area), shall be constructed of materials that are the same or similar to the principal building, or, at a minimum, utilize residential siding that matches the principal building.
(3) On existing lots of record approved after February 8, 1965, detached accessory building shall follow all front yard regulations for corner lots. All others shall be set back from any adjacent street right-of-way line in accordance with the minimum distance required for a principal building on the same lot.
(4) If an accessory building in a residential district is located closer than ten feet to the main building, it shall be regarded as part of the main building for the purpose of determining side and rear yard requirements. If the accessory building is farther than ten feet from the main building, it shall not be closer than three feet from any side or rear property line, except as otherwise provided.
(5) If a garage is entered into from an alley, and the garage door is parallel to the alley, it shall not be located closer than five feet from the property line abutting the alley right-of-way.
(6) No accessory building shall be constructed upon a lot until the construction of the main building is under roof and no accessory building shall be used unless the main building on a lot is completed and used.
(7) No accessory building shall be used for dwelling purposes.
(8) All water runoff from an accessory building must be diverted onto the owner’s property.
(9) Any new accessory building must follow all zoning ordinances and any new accessory building over 160 square feet requires a building and/or zoning permit.
(H) Swimming pools. The regulations set forth in this division regulate the location of swimming pools.
(1) Swimming pools are described as any structure intended for swimming, recreational bathing or wading that contains water over 24 inches deep. This includes in-ground, above-ground and on-ground pools, hot tubs, spas and fixed-in-place wading pools.
(2) Swimming pools are not allowed to be located in any front yard.
(3) For in-ground, above-ground and on-ground swimming pools, hot tubs, spas and fixed-in place wading pool, including any attached decks, may not be closer than two feet to any side or rear property line.
(4) Except in the case of corner lots, when the swimming pool, hot tub, spa or fixed-in place wade pool is located ten feet or less from the main building, it can be in line with the existing building line. If it is located more than ten feet from the main building, it must be a minimum of ten feet from the corner street side property line. A ten-foot visual clearance zone must be observed when a corner front or side property line abuts an alley.
(I) Fences, walls and hedges. The regulations set forth in this division regulate the placement of fences in all districts.
(1) (a) Fences shall be constructed of material commonly used for landscape fencing, such as masonry block, lumber, plastic, chain link or natural plantings, but shall not include barbed wire, salvage material or be electrified. Electrified fences and barbed wire may be used for permitted livestock containment and horse stables.
(b) In all zoning districts, the smooth, finished, nonstructural or dressed side of the fence, if any, shall be directed toward the neighboring property or properties.
(2) Fences, walls or screen plantings may be located on a residential property in any rear or side yard from the front building line to the rear property line not to exceed six feet. In the front yard from the front building line to the front property line, a fence that provides openings of at least 75% in area of the vertical surface to permit the transmission of light, air or vision through the vertical surface at a right angle may be constructed to a height not to exceed four feet. Fences not providing openings of at least 75% may not exceed a height of three feet.
(3) On corner lots, both yards that abut a street must follow the requirements for fences in front yards, except that fences not providing openings of at least 75% may not exceed a height of three feet and must provide a 20-foot visual clearance zone at all street intersections and a ten-foot visual clearance zone when a corner lot front or side property line abuts an alley. Fences not meeting the height standards must be located ten feet from the side and rear property line on the corner side.
(4) In the C-2, C2-M, M-1, M-2 and M-3 commercial and industrial districts, nonresidential fences may be up to eight feet in height in the rear and side yards and up to six feet in height in a front yard, provided that all fences located in a front yard are constructed of see-through material. If barbed wire is needed for security reasons, the fence may be extended another foot to a maximum height of nine feet in rear and side yards and seven feet in front yards. Barbed wire may not be closer than six feet to the ground and may not overhang any public right-of-way. Any fence higher that this maximum height or constructed of material other than see-through material in front yards must be approved by the Board of Adjustment. Visual clearance zones shall also apply.
(a) Chain link fencing for public parks and recreational areas and school facilities may be erected to a height of six feet.
(b) In all zoning districts, public and nonpublic buildings and facilities essential to the physical welfare of an area, such as electrical distribution substations, pipeline pumping stations, gas regulators, water storage facilities and similar uses may be surrounded by a fence having a height above ground of not more than ten feet. Additionally, public utility buildings, as outlined in division (S) herein, are required to have solid visual barriers and/or natural plantings. In the event that fencing is utilized that is not a privacy fence or other permanent, solid material, the utility specific screening requirement can be met with the planting and permanent maintenance of sufficient mature trees to effectively block the view of said building and/or structures. Any natural screening must be maintained to effectively block the view of said public utility buildings.
(5) Fences located outside of property lines on public rights-of-way are allowed only if approved by the Public Works Director or authorized with respect to a sidewalk café pursuant to § 97.042. If so approved or authorized, the abutting property owner must assume responsibility for maintaining the fence. If the property is needed by the city, the owner is responsible for removing the fence. With the exception of authorized fences enclosing a sidewalk café, fences placed in the right-of-way may not be closer than 18 inches from a public sidewalk.
(J) Decks, porches and ramps. The regulations set forth in this division regulate all decks, porches, ramps or similar additions.
(1) All unenclosed porches in existence prior to July 10, 1979, may be enclosed after obtaining a building permit. All porches constructed after this date will be required to adhere to all required yard requirements unless otherwise allowed in this section.
(2) Open decks or porches, but not including permanently roofed-over or enclosed decks or porches, may extend no more than 15 feet into a required front yard or rear yard. However, the encroachment shall maintain a minimum distance of ten feet from a public right-of-way. The following deck and porch encroachments into yards will be allowed as long as the deck or porch remains uncovered:
(a) In front yards, the floor of an open deck located in a required front yard shall not exceed three feet in height above the average ground level. The total height of the deck (measured from the ground to the top rail) cannot exceed six feet. Also, the vertical surface of the area above the floor of the deck must provide openings of not less than 50% in area in order to permit the transmission of light, air and vision through the vertical surface at the right angle.
(b) In rear yards, all new, unenclosed decks and porches must maintain a minimum distance of five feet from any accessory building.
(c) In side yards, all new, unenclosed decks and porches may extend three feet into a required side yard but shall not be closer than two feet from any side property line.
(3) Steps or ramps which are necessary to provide access to a lawful building or for access to a lot from a street or alley may encroach into a required yard.
(K) Adult entertainment establishments. Because of their special characteristics, adult entertainment establishments are recognized as having potential deleterious impacts on surrounding establishments and areas, thereby contributing to the creation of blight and decline of neighborhoods. The following regulations apply to all adult entertainment establishments.
(1) Adult entertainment establishments are allowed only in the M-3 Zoning District.
(2) No adult entertainment establishment shall be located within 1,000 feet of any other establishment.
(3) No adult entertainment establishment shall be located within 1,000 feet of any school, church or residential zoning district. To determine minimum separation distances, measurements shall be taken on a direct line from the closest customer entrance of the establishment to the nearest property line of any other establishment, school, church or residential zoning district.
(L) Screening requirements. The regulations set forth in this division shall regulate screening requirements in all zoning districts.
(1) Solid waste containment. Solid waste containers, including recyclable and scrap material containers, used for commercial, industrial and multi-family apartment uses, shall not be permitted unless completely screened from all public rights-of-way and residential zoning districts. Screening shall provide a solid visual barrier and shall not exceed the height requirements for fences. In existing developed areas, where yard space may not be available or accessibility may be difficult, the Zoning Board of Adjustment may provide an exemption from these requirements.
(2) Storage yards. All outdoor storage yards or storage lots shall be suitably screened from all public rights-of-way. Screening material shall provide a solid visual barrier and shall not exceed the height requirements for fences.
(M) Home occupations. Regulations pertaining to home occupations are designed to protect and maintain the residential character of a neighborhood while permitting certain limited commercial activities.
(1) Restrictions on home occupations. The following requirements must be met for an activity or occupation to qualify as a home occupation.
(a) The occupation or activity must be clearly incidental and secondary to the use of the premises as a dwelling. The occupation or activity shall not occupy more than 25% of the floor area of a building, not to exceed 400 square feet.
(b) The occupation or activity must be carried on wholly within a main building or approved accessory building.
(c) The occupation or activity must be carried on by a member of the family residing on the premises. No person not a resident on the premises shall be employed. No person not a member of the family shall be employed.
(d) No stock in trade or food or commodities may be sold on the premises as a primary source of income.
(e) No external alterations or special construction of the premises can be done. No exterior indication, except for the permitted sign, that the building is being used for any purpose other than a dwelling shall exist.
(f) No occupations or activities are permitted which are noxious, offensive or hazardous by reason of pedestrian or vehicular traffic or by creation of noise, odor, refuse, heat, vibration, smoke, dust, glare, radiation or other objectionable emissions or by interference with television or radio reception.
(g) No substantial volumes of vehicular traffic or parking demand shall be created.
(h) No advertising sign shall be displayed except for an unlighted name plate flat against the building not exceeding two square feet in area, stating only the resident’s name and occupation.
(i) There shall be no off-premises signs, radio, television, newspaper, handbill or similar advertisement linking the premises with the home occupation. The advertisement of the home occupation within a telephone directory, excluding the address, is permitted. Also permitted is the advertisement of the resident’s name, home occupation and phone number only within a newspaper.
(j) The activity shall not involve any outside storage nor in any way create, outside the building, any external evidence of the operation.
(k) Divisions (c), (g) and (j) above shall not apply to vehicle for hire businesses or vehicle for hire drivers as defined in Chapter 114 of this code.
(2) Activities permitted. Permitted home occupations include, but are not limited to the following list of activities; provided, however, that each permitted home occupation is subject to the limitations in the preceding division and to all other applicable regulations to the district in which it is located.
(a) Studio of an artist, photographer, craftsman, writer or composer;
(b) A family day care facility operating under the provisions of the Iowa Code Chapter 237A. An exception is hereby established in the case of family day care facilities under the Iowa Code Chapter 237A. The exception pertains to the restriction that only resident members of the family can be employed on the premises. Where Iowa Code Chapter 237A requires additional employees, those employees may be nonresidential, non-members of the family, provided a member or members of the family are the licensed or registered party and are in charge of the family day care facility. Inspection by the Fire Marshal of all family day care facilities is required;
(c) Domestic service activities such as sewing, tailoring and laundering;
(d) Pet clipping;
(e) Barber shop and beauty shop;
(f) Carpentry shop, cabinet making, upholstering, furniture repair, refinishing, sign making or other similar occupations;
(g) Home-based businesses where the service is provided off-premises;
(h) Sale of real estate and/or insurance;
(i) Office of a physician or dentist for consultation or emergency treatment, but not for general professional practice;
(j) Teaching, limited to not more than six pupils at one time;
(k) Telemarketing, computer programming and repair and services provided over the internet; and
(l) Mail order businesses where products are shipped directly from the supplier to the customer.
(3) Activities prohibited. Prohibited commercial activities in the home include, but are not limited to, the following. These activities and other similar activities are not classified as home occupations and will not be permitted in a residential area.
(a) Motor repair service or auto body repair service;
(b) Junk yard or salvage yard activity, as those terms are defined in Chapter 122 of this code, or welding activity;
(c) Restaurants or taverns;
(d) Convalescent homes;
(e) Rooming and boarding house;
(f) Gift, craft or antique shops;
(g) Animal husbandry, kennels or commercial horse stables;
(h) Tattooing, body piercing, fortune telling or massage services;
(i) Business or store of any kind with stock for trade or sale; and
(j) Warehousing or storage of materials or merchandise.
(4) Parking. Off-street parking, other than in a front yard, shall be provided for all home occupations. At least four off-street parking spaces are required for barber shops and beauty shops; all other uses shall comply with the parking requirements found in § 159.065.
(5) Variance. Variances from the requirements under this section shall be heard by the Zoning Board of Adjustment.
(N) Permitted uses. The regulations set forth in this division shall regulate allowable uses within a zoning district. Uses permitted by right shall be allowed if they comply with all applicable regulations. Uses included are based on the common meaning of the terms and not the name that an owner or operator might give to a use. Permitted uses are as follows.
(1) Residential uses. Residential uses include group living quarters, single- and two-family dwellings, rooming and boarding houses, manufactured homes and multi-family dwellings.
(2) Short-term lodging. Facilities offering transient lodging accommodations to the general public where the average length of stay is less than 60 days. Uses include bed and breakfast, hotels and motels.
(3) Office use.
(a) Activities conducted in an office setting and primarily focusing on administrative, business, governmental, professional, medical or financial services. Contractors and others who perform services off-site and no equipment or materials are stored on the site, are also included in this category.
(b) Examples include: banking and bank-related services, data processing, government offices and facilities, telemarketing, insurance services, lending credit services, public utility offices, real estate, medical/dental/chiropractic clinics, radio and television studios and offices of architects, engineers and lawyers.
(4) Motor vehicle sales. Retail sales or leasing of automobiles, light and medium trucks, motorcycles, recreational vehicles, marine craft and accessories. Vehicle repair, including painting, are permitted when conducted as a secondary activity to the sale of vehicles.
(5) Motor vehicle service and repair. Motor vehicle servicing, repairing, painting, detailing, bodywork, finishing and accessories for automobiles, motorcycles and light trucks. Premises may not be used for vehicle wrecking or salvaging.
(6) Entertainment, restaurant and recreation trade.
(a) Facilities providing entertainment or recreation services and eating and drinking establishments. Definition excludes adult entertainment establishments.
(b) Examples include: bars and taverns, banquet halls, bowling alleys, exhibiting and meeting halls, health clubs, game arcades, lodges and social clubs, movie theaters, pool halls, restaurants, cafes and delicatessens.
(7) Retail sales and service.
(a) Uses involve the sale, lease or rental of new or used consumer products, including prepared foods, to the general public and uses providing services involving predominately personal or business services, including repair of consumer and business goods. Does not include vehicle repairs. Lumber yards and other building material facilities selling primarily to contractors and not the general public are classified as a wholesale establishment. Sale, rental or leasing of heavy trucks and equipment are classified as a wholesale establishment.
(b) Retail sales example include antiques, appliances, art supplies, automobile supplies, bakeries, candy, clothing, convenience stores, computers, delicatessens, electronics, fabric, furniture, garden supplies, groceries, hardware, home improvements, jewelry, office supply, pharmacy, plants, flowers, shoes, sporting goods, stationary, toys and videos.
(c) Retail personal, business and repair service examples include animal grooming, printing services, barber and beauty shops, business schools, dance or music studios, dry cleaning, employment services, equipment rental and leasing, medical care services, kennels, laundromats, photography studios, sign making, tailors, television, bicycle, shoe, gun, appliance and office equipment repair, upholsterers, veterinarian offices.
(8) Wholesale trade.
(a) Uses that involve the sale, lease or rental of products primarily intended for industrial, institutional or commercial businesses. Business may or may not be open to the general public, but sales to the general public are limited.
(b) Examples include: mail order houses, electrical supplies, heating and plumbing equipment, equipment, machine parts, restaurant equipment, special trade tools, store fixtures, welding supplies, auto parts, alcoholic beverages, food.
(9) Industrial services.
(a) Uses that involve the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products, but not including consumer goods service or repair. Does not include salvage yards.
(b) Examples include: building, heating or electric contractors, electric motor repair, exterminators, fuel oil dispensers, heavy machinery sales including repair and storage, buses and heavy truck servicing and repair, machine shops, tool repair, towing and vehicle storage, truck stops, welding shops.
(10) Manufacturing and processing.
(a) Uses that involve the manufacturing, processing, fabrication, packaging or assembly of goods, excluding special uses listed in § 159.032(A). Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed of sold on site, but if so, they are a subordinate part of sales.
(b) Examples include: apparel, textile, chemicals, rubber, leather, clay plastic, stone and glass materials manufacturing, concrete batching and asphalt mixing, energy production, food and related products manufacturing, furniture and fixture manufacturing, lumber and wood products manufacturing, metal and metal products manufacturing, including enameling and galvanizing, machinery and electrical equipment, manufactured homes and prefabrication manufacturing, printing and publishing, woodworking, including cabinetry.
(11) Warehousing and freight handling.
(a) Uses that involve the storage or movement of goods. Does not include the storage of sand, gravel, grain or mini-storage facilities. No on-site sales.
(b) Examples include: freight storage, inter-model transfer facilities, warehousing, truck and rail freight terminals, warehouses used by retail stores, wholesale distribution centers.
(12) Waste processing, storage and transfer.
(a) Uses that receive solid or liquid waste from other uses for disposal, storage or treatment on-site or for transfer to another location; uses that collect sanitary wastes; uses that treat contaminated material; uses that process materials for recycling; and uses that manufacture or produce goods or energy from the composting of organic material.
(b) Examples include: recycling operations, treatment plants, waste composting, waste incineration, solid waste disposal facility, medical waste handling, storage and incineration, waste transfer station, hazardous waste handling, storage and incineration.
(13) Salvage yards, including auto salvage. A facility or area for storing, keeping, selling, dismantling, shredding, compressing or salvaging scrap or discarded material or equipment, and/or which are governed by the provisions of Chapter 122 of this code of ordinances. Scrap or discarded material includes, but is not limited to, metal, paper rags, tires bottles, motor vehicles and parts thereof, machinery structural steel, equipment and appliances.
(14) Adult entertainment establishments. Adult entertainment establishment means a building or use having a substantial or significant portion of its business by the offering of entertainment, stock in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of specific sexual activities including nude and semi-nude dancing. The uses include but are not limited to: adult book stores, adult massage parlors, adult modeling studios, adult mini motion picture theaters, adult motion picture theaters, adult theaters, adult sexual encounter centers and licensed beer and liquor establishments offering nude and semi-nude performances for entertainment.
(15) Other uses not identified. Uses specifically identified with a particular district will be identified separately in the district regulations. Uses not listed and the specific category cannot not be determined will be referred to the Zoning Board of Adjustment for final determination.
(O) Building appearance standards. All buildings, except single-family homes and residential accessory buildings, fronting on a public roadway in any C-1, C-2, C-2M, C-3, C-4 or C-R Commercial Zoning District, shall follow the requirements this division.
(1) (a) In order that buildings, structures and landscaping elements will be in harmony with other structures and improvements in the city, the following building standards shall apply to all new construction.
(b) For all new construction, the preferred exterior building materials shall include, but are not limited to brick or other suitable clay masonry material, stone veneer, granite, cast in place concrete panels, finished faced precast concrete, ceramic tile, decorative concrete block and tinted glass.
(2) (a) New construction not meeting the requirements of division (O)(1)(b) above shall have the front exterior meet the following standards.
(b) The front exterior of a new building shall have as a facing material on a minimum of 30% of the gross wall area from the eave or coping line down to grade line one of the preferred materials listed in division (O)(1)(b), glazed tile, wood, glass or an approved equivalent.
(3) Buildings on corner lots shall follow these requirements for both street frontages.
(4) Material guidelines:
(a) Material used shall be selected for suitability to the type of building or design in which they are used.
(b) Materials shall have good architectural quality and character.
(5) Exceptions. Buildings completely screened by other buildings from a public street or not clearly visible from a public street shall be exempt from these requirements.
(6) In the event that a dispute arises as to which wall constitutes the front of a building, the decision shall be made solely by the Zoning Committee of the City Plan Commission by considering what the general public would regard as the front of the building. The Zoning Committee will also determine alternative facing material than those specified in this section.
(P) Outdoor service areas (OSA). All outdoor service areas that are contiguous with a bar/tavern and/or restaurant that is regulated by a city liquor license, must meet the following requirements to operate within the city limits of the city. Special events centers and sidewalk cafés leased or permitted pursuant to § 97.042 are exempt from this division. Outdoor service areas must be approved as a special use permit through the Zoning Board of Adjustment and must comply with these listed requirements at all times during the duration of the special use permit. Any changes to an approved OSA size must be reviewed and approved through the Fire Marshal and/or Building Official. The OSA will be inspected annually by the Fire Marshal and/or the Building Official during the regularly scheduled liquor license inspection. Violations of this division may be cause for suspension or revocation of the OSA permit. All violations will be cited under the zoning regulations, § 159.999.
(1) Definitions.
ENCLOSED. A predominantly indoor area covered with a fixed structural roof and generally closed off from the outside.
NON-ENCLOSED. A predominately outdoor area that does not meet the definition of enclosed, including but not limited to patios, outdoor dining areas and outdoor service areas.
OUTDOOR SERVICE AREAS. Any non-enclosed area where one or more persons wait for or receive goods or services including but not limited to patios, outdoor dining areas and outdoor service areas.
PERMANENT OSA. An outdoor service area that is in existence for more than seven days and is contiguous with a building/establishment currently in operation as a restaurant, tavern/bar or other similar business.
RESIDENTIAL DISTRICT. An area that is prescribed to be residential according to the zoning regulations of the city.
SPECIAL EVENT CENTERS. Banquet and reception halls that are not open to the general public and are privately rented out for receptions, parties and or dinners.
TEMPORARY OSA. An outdoor service area that is in existence for less than seven days, and, is associated with a festival, fair, carnival or other similar temporary event.
(2) The OSA permit is for permanent outdoor service areas for bars, taverns and/or restaurants with bars that are not temporary in nature.
(3) All OSAs must comply with these requirements by August 1, 2023. Each OSA will be inspected annually by the Fire Marshal and/or the Building Official as part of the annual liquor license inspection.
(4) All OSA must have a clear delineation of the OSA area. Any OSA located within 100 feet of a residential district must have a six foot solid visual barrier. No open alcohol containers shall be sold or taken out of the delineated OSA area.
(5) The OSA will not impair/impede an adequate amount of air and light to the adjacent properties.
(6) The OSA will not unreasonably increase the congestion in public streets or alleys.
(7) The OSA will not in any way impair the public health, comfort, safety and welfare of the inhabitants of the city.
(8) The OSA will not in any other respects impair the public health, comfort, safety or welfare of the inhabitants of the city.
(9) The OSA must have at least one 30-gallon trash receptacle or a proportionate number of receptacles to meet this requirement.
(10) The OSA will not increase the danger of fire, or of the public safety, and it will meet all current Fire Code regulations. (All aspects of the OSA must meet the requirements of the Fire Marshal and the Building Official.)
(12) The OSA will not have any advertising, signs or graffiti-like markings on the exterior of the wall/fence, and the wall/fence must be properly maintained so as not to be a nuisance, and continue to provide adequate site and sound barrier.
(13) Each OSA must have an exit from the outdoor area. If the establishment has a class II exemption, or elects for no exemption (as defined in § 110.16), for its liquor license and has the six foot barrier, the exit must be alarmed and only be accessible from the inside of the OSA. If the establishment has a class I exemption liquor license, no barrier or alarmed exit are required. Exits must meet fire code.
(14) Each OSA that is entered through a required egress from the establishment must provide a clear path for emergency exiting to the OSA exit.
(15) The exit gate/door from the OSA must swing in the direction of the egress with panic hardware.
(16) The OSA egress must be illuminated at all times while the area is in use.
(17) The occupant load for the establishment that installs an OSA will be based on the current occupancy load of the inside of the establishment. The occupancy load for the OSA will be determined by the Fire Marshal and/or Building Official.
(18) Portable fire extinguisher must be located inside the establishment within ten feet of the OSA entrance (unless a portable fire extinguisher is kept in the OSA). The Fire Marshal or Building Official shall determine the quantity of required extinguishers.
(19) The OSA for establishments that have a class II liquor license exemption, or elects to have no class exemption (as defined in § 110.16), closer than 100 feet to a residential district shall have the OSA secure with a six-foot solid visual barrier wall or fence enclosure on all sides, built to the ground, provided that this provision shall not apply to OSA’s located within a sidewalk café authorized pursuant to § 97.042.
(20) The OSA shall be in a side or rear yard area wherever possible; or in a sidewalk café authorized pursuant to § 97.042, wherever located; and complies with all zoning regulations in the district in which the use is to be located. OSAs in front yards are allowed if no rear or side options are available, provided it meets all other special use and zoning requirements.
(21) The OSA will be contiguous with a part of the main building and will not be closer than ten feet to any residential unit.
(22) The OSA for liquor establishments with a class II exemption, or elects to have no class exemption (as defined in § 110.16), that is within 100 feet of a residential district, will not have an entrance to the walled/fenced area except through the bar/restaurant establishment.
(23) The OSA must have a non-combustible floor surface and have sufficient lighting to illuminate the entire OSA, and it must have a solid, level floor that will not cause a tripping/falling hazard to occupants and employees.
(24) The OSA will not have a roof or roof covering over more than 50% of the walled/fenced area.
(25) The OSA must provide non-combustible ash trays and containers for removal of ashes and cigarette butts.
(26) The OSA for golf courses are excluded.
(27) The OSA will have no open-flame decorative or heating devices unless prior inspection and approval has been granted from the Fire Marshal or Building Code Official.
(Q) Temporary Outdoor Service Area (TOSA). These regulations apply to all temporary outdoor service areas that are contiguous with a bar, tavern or restaurant that is regulated by a city/state liquor license and are in existence for less than seven days at a time.
(1) These regulations do not apply to special event centers, fairs, carnivals, festivals or similar events located on public property.
(2) These regulations shall not contradict or repeal any current ordinance, resolution or law in effect upon the enactment by ordinance or resolution of this document.
(3) The TOSA permit is for temporary outdoor service areas for bars, taverns, and/or restaurants that are contiguous with a bar, tavern, or restaurant that exists and that has a current liquor license with the city and the State of Iowa and is valid for the requested and approved time period only.
(4) The application must be filed with the City Clerk at least 45 days before the event is to take place to ensure that all departments have sufficient time to consider approval for the event.
(5) Each application will be reviewed by the Fire Marshal, the Building Official and the Police Chief or their designated representative. An inspection is also required by the Building Official to verify compliance with these regulations.
(6) The temporary event will not impair/impede an adequate amount of air and light to the adjacent properties and will not create excessive light that adversely affects neighboring properties including residential neighborhoods and properties. The area must have sufficient illumination for the duration of the event.
(7) The area/event will not cause any congestion in public streets or alleys.
(8) The area/event will not in any way impair the public health, comfort, safety and welfare of the inhabitants of the city.
(9) The area must have sufficient trash receptacles to ensure that trash, garbage and debris are kept inside containers and will not litter the grounds or surrounding properties. All trash, garbage and debris will be collected and contained at all times during the event including all parking areas and public right-of-ways.
(10) The area/event will not increase the danger of fire or of the public safety, and it will meet all current city ordinances and will not decrease the required amount of parking spaces and it will not adversely affect the surrounding neighborhoods.
(11) Those TOSAs that affect the normal parking areas must provide a written plan for parking for the event(s).
(12) The owner of the establishment or the liquor license will regulate any type of amplified music or loudspeakers to ensure that the noise does not violate the city noise ordinance, Chapter 93 of this code.
(13) Each application must provide a plan for portable restroom facilities, based upon the expected attendance of the event.
(14) Each area/event must have its entire area enclosed with temporary fencing to ensure security and enforcement of all requirements and laws concerning the liquor license and TOSA permit, and must have the entrance staffed with sufficient employees to ensure safety, security and enforcement of all requirements and laws concerning the liquor license and the TOSA permit.
(15) The occupant load for the establishment that installs a TOSA will be based on the current occupancy load of the inside of the establishment, and may not increase the occupancy load of the inside of the establishment by more than 10%, according to the Life Safety Code.
(16) The area/event will be contiguous with a part of the main building and will not be closer than ten feet to any residential unit.
(17) The establishment must provide non-combustible ash trays and containers for removal of ashes and cigarette butts and must have a non-combustible floor.
(18) Any violation of these requirements during the event may result in the immediate revocation of this temporary permit by the City Police Department, Fire Department or Community Development Department, and may be used as evidence to deny future similar events to the owner of the liquor license and/or the owner of the establishment. Any costs associated with a violation where any city department is forced to respond during the event shall be paid by the liquor license holder or the building owner.
(19) A copy of each application and the regulations will be placed on file with the Building Official, the Fire Marshal and the Police Chief, as well as the City Clerk, for purposes of enforcement during the event.
(R) Urban chickens. The keeping of no more than six chickens for use on a single-family detached residential property for the benefit of the owners of said property is an allowed use in an R-1 One-Family Residential District and R-2 Two-Family Residential District.
(1) Definitions. For the purpose of this section, the following definitions shall apply.
CHICKEN. A member of the subspecies Gallus gallus domesticus, a domesticated fowl.
COOP. A cage, enclosure, or structure used for housing and protecting chickens from weather and predators.
SINGLE FAMILY DWELLING. Any building that contains only one dwelling unit used, intended, rented, leased, let or hired to be occupied for residential purposes.
TRACTOR. A cage, structure, or similar enclosure capable of movement used for housing and protecting chickens from weather and predators.
URBAN CHICKEN. A chicken kept on a tract of land pursuant to a permit issued under the terms of this chapter.
(2) Permit for urban chicken(s) required.
(a) Permit required. No person shall raise, harbor or keep chickens on any land not zoned R-1 One Family District or R-2 Two-Family District within the city without a valid permit issued by the Building and Neighborhood Services Department. No permit is required for property zoned A-1 Agricultural Reserve.
(b) Requirements. The Building and Neighborhood Services Department shall issue a permit if the following requirements have been met:
1. The property for which the permit is sought has passed inspection by Building and Neighborhood Services;
2. All inspection fees have been paid;
3. There are no nuisance conditions, or unresolved violations of nuisance ordinance, on the property;
4. The parcel of land for which the permit is sought contains only one single-family dwelling which is occupied and used as such by the applicant/permittee;
5. The applicant has provided written verification of the consent of the owner of the parcel of land for which the permit is sought, if the applicant is not the owner, and is instead tenant, lessee or otherwise authorized to reside at and use the property;
6. The applicant has provided verification they successfully completed an approved class in raising chickens in an urban, or suburban, setting. The City Clerk/Administrator shall maintain a current list of approved classes.
7. The application is in compliance with all other conditions and prerequisites set out in this ordinance;
(c) Terms of permit. The permit shall contain, and permittee agree to adhere, to the following:
1. The permittee shall follow the City Code and state law regarding animal care;
2. The permittee grants the city the right to inspect the coop and pen with due notice;
3. The permit is a limited license for the specific activity and person named in the permit, and no vested zoning rights arise from the permit being issued. The permit is limited to the party to whom it is issued, and does not run with the land;
4. The permit will be permanent unless revoked.
(d) Suspension or revocation of permit. The permit may be suspended or revoked by Building and Neighborhood Services upon hearing and finding evidence that the permittee has violated the conditions of the permit or the terms of this section; or made a false statement or representation on the application form. All chickens must be removed upon revocation of the permit. The permit fee will not be refunded.
(3) General requirements.
(a) Non-commercial use only. Permit holder shall not engage in the breeding of chickens or fertilizer production for commercial purposes.
(b) Single-family residential. Permits will only be granted for parcels with one single-family residential unit. Permits will not be granted for any parcel with more than one residential unit located upon the parcel.
(c) Private restrictions take precedence. Private restrictions on the use of the property shall remain enforceable and shall supersede the terms of this chapter and any permit issued. The private restrictions include, but are not limited to: deed restrictions, condominium restrictions, neighborhood association bylaws, covenants and restrictions, and rental agreements.
(d) Rental property. The owner of the parcel must concur with any application for urban chickens. Tenants must obtain the written permission from the landlord/property owner to keep chickens or install a coop.
(e) Slaughter of chickens. Any slaughter of chickens not regulated by federal or state law, or regulated otherwise, shall be performed in a humane manner and shall not be done in open view to any public area or adjacent to property owned by another.
(f) Dead chickens. Other than slaughtered chickens, the owner shall dispose of dead chickens in a sanitary manner. Composting does not qualify as proper disposal.
(g) Hens only. Only female chickens (hens) are allowed. Male chickens (roosters) are not allowed and shall be removed immediately by the owner.
(h) No more than six allowed. No more than six chickens shall be allowed on any parcel.
(4) Site requirements.
(a) Enclosures required. Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a coop or chicken tractor during non-daylight hours.
(b) Location and separation distances.
1. Coops, including tractors, must be at least ten feet from any property lines
2. Coops must be at least five feet from the principle use residential structure on the applicant’s property.
3. Coops must be in the rear yard of the property.
(5) Enclosure requirements.
(a) Enclosures, coops and tractors must be kept in clean, dry, odor free, neat and sanitary conditions at all times.
(b) Coops and tractors shall be well maintained.
(c) Coops and tractors must provide adequate ventilation, sun and shade.
(d) Coops and tractors shall be constructed, maintained and repaired to prevent entry by rodents, wild birds, predators, dogs and cats.
(e) Coops and tractors shall be built of solid materials such as wood, metal or plastic.
(f) Coops and tractors shall be at least 18 inches in height.
(g) Coops and tractors shall be designed to provide safe and healthy living conditions for the chickens which reside therein, with a minimum of 16 square feet. Maximum coop size is 96 square feet. Coops must allow a minimum of four square feet per chicken.
(h) Coops and tractors shall be enclosed on all sides and shall have a roof and at least one door. Access doors must be able to be shut and locked at night. Opening windows, vents or doors must be covered with predator and bird proof wire of less than one-inch openings.
(i) Materials used for coops or tractors shall be uniform of each element of the structure that the walls are made of the same material, the roof has the same shingles or covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal or similar materials is prohibited.
(j) Well drained. Enclosures, coops and tractors must be well drained to prevent accumulations of moisture; accumulations of moisture shall be avoided and removed.
(k) Fences. Fences that serve as enclosures for chickens shall consist of sturdy wire fencing of a type customarily designed for and used to enclose chickens and shall be constructed in a sturdy manner so as to contain the chickens and prevent entry by predators, dogs and cats.
(6) Predators, rodents, insects and parasites. The permittee shall take necessary action to reduce the attraction of predators and rodents, and the potential for infestation by insects and parasites. Chickens found to be infested with insects or parasites that may result in unhealthy conditions to human habitation shall be removed by the owner and may be removed by the city at the owner’s expense.
(7) Chickens at large and injury caused by other animals.
(a) At large prohibited. Permittee shall not allow their chickens to roam off the parcel of land covered by the permit. Any chicken found off the permitted property shall be considered to be “at-large” and subject to the penalties and provisions of the city code for at-large animals.
(b) Dangerous or vicious designation. Injury or death to a chicken that is caused by a dog, cat or other domesticated animal shall not be considered sufficient grounds, in and of itself, to designate the animal as dangerous or vicious pursuant to Chapter 91.
(c) City not liable. The city shall not be liable for injury or death of chickens caused by dogs, cats, or other animals domestic or wild, regardless of whether or not licensed by the city.
(8) Feed and water. Chickens shall be provided with access to feed and clean water at all times. All feed and other items associated with keeping chickens shall be protected in a manner to prevent rodents, wild birds, and predators from coming into contact with them.
(9) Storage and removal of feces and waste.
(a) Feces and waste to be removed. Feces and waste shall be removed from enclosures, coops and tractors at least once per week.
(b) Storage and disposal of feces and waste. Feces and waste may be stored on the permittee’s property. Feces and waste must be stored in a fully enclosed unit with a roof or lid. The storage unit may allow sunlight and movement of air so the materials dry, but must be designed, used and maintained in such a manner as to keep the material fully contained so that it does not blow or otherwise erode onto other properties. When stored, feces and waste must be stored in a manner to not attract flies, rodents or other vermin.
(c) Use as fertilizer. Feces and waste may be used as fertilizer on the permitted property subject to being turned in to the soil completely immediately upon application and there is no noxious odor.
(10) Nuisances. Any violation of this section that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance, subject to sanctions and abatement as set out in the Code of Ordinances.
(11) Fees. The fee for an inspection shall be $30. Should a re-inspection be required, there will be no charge for the first re-inspection. Any additional re-inspections will result in an additional $30 fee. All fees must be paid prior to a permit being issued.
(S) Public utilities.
(1) Buildings and structures necessary to support water, wastewater, sewer, gas and electric utilities ("public utility buildings"), including but not limited to substations and pump stations, are hereby permitted in any zoned district.
(2) Public utility buildings are hereby exempt from any potential design standards that may be required in a zoned district.
(3) Public utility buildings are required to meet all other zoning requirements of the applicable zoning district, including but not limited to setback requirements.
(4) Utility plants, including but not limited to power plants and wastewater treatment plants are hereby permitted in M-2 and M-3 zoned districts only.
(1999 Code, § 165.22) (Ord. 2119, passed 8-8-2000; Ord. 2247, passed 10-9-2001; Ord. 2256, passed 6-25-2002; Ord. 2296, passed 6-28-2005; Ord. 2326, passed 6-13-2006; Ord. 2352, passed 7-24-2007; Ord. 2368, passed 5-27-2008; Ord. 2391, passed 10-28-2008; Ord. 2403, passed 4-14-2009; Ord. 2411, passed 4-27-2010; Ord. 2425, passed 9-14-2010; Ord. 2508, passed 6-24-2014; Ord. 2544, passed 10-25-2016; Ord. 2562, passed 1-9-2018; Ord. 2581, passed 5-8-2018; Ord. 2609, passed 4-23-2019; Ord. 2684, passed 9-14-2021; Ord. 2688, passed 10-12-2021; Ord. 2723, passed 3-28-2023; Ord. 2732, passed 7-11-2023; Ord. 2733, passed 10-10-2023) Penalty, see § 159.999