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§ 159.053 INTERPRETATION, PURPOSE AND CONFLICT.
   In their interpretation and application, the provisions of this chapter shall be construed to be the minimum requirements for the promotion of public health, safety, convenience, comfort and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any other resolution or rules, regulations or permits previously adopted or issued or which shall be adopted or issued, not in conflict with any of the provisions of this chapter except ordinances and/or regulations specifically repealed by this chapter to interfere with or abrogate or annul any easements, covenants or agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the area than that imposed or required by other resolutions, easements, covenants or agreements, the provisions of this chapter shall control. This chapter should be reviewed periodically to assure the use of good practical principles of planning, dealing with zoning and land use.
(1999 Code, § 165.32)
§ 159.054 ZONING PERMITS AND INSPECTIONS.
   (A)   It shall be necessary to obtain a zoning permit for all prefabricated, freestanding carports, sheds (measuring from 60 square feet to 120 square feet), fences up to six feet in height, retaining walls up to four feet (measured from the bottom of the footing up to the top of the wall) unless supporting a surcharge, awnings with less than 54-inch projection and handicapped ramps.
   (B)   Application for a zoning permit shall be submitted in a form as the Planning/Community Development Director may prescribe and on forms supplied by the city. Application shall be made by the owner or his or her duly authorized representative. The application shall contain the full name and address of the owner and the applicant.
   (C)   The application must briefly describe the proposed work, the use and occupancy of the building and the grounds and shall give additional information as may be required by the Planning/Community Development Director for an intelligent understanding of the proposed work.
   (D)   All applications for zoning permits shall be accompanied by a plan as defined under § 159.051, showing the actual dimensions of the lot to be built upon, the size of the building or buildings to be erected, distances to lot lines from buildings and any other information as may be necessary to furnish for the enforcement of these regulations. A careful record of the application and plats shall be kept in the office of the Planning/Community Development Director. No court, yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall again be used as a yard, court or other open space for another building.
   (E)   It shall be the duty of the Planning/Community Development Director to inspect applications for zoning permits within three business days after receipt of the application. If, after examination, he or she finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he or she shall approve the application and issue a zoning permit for the proposed work as soon as practical. If his or her examination reveals otherwise, he or she will reject the application, noting his or her findings in a report to be attached to the application and delivering a copy to the applicant. The applicant shall have the right of appeal from the Building and Neighborhood Services Director or his or her designee’s decision to the Zoning Board of Adjustment; any appeal must be submitted within 15 business days from the date of application.
   (F)   All work performed under a zoning permit issued by the Planning/Community Development Director shall conform to the approved application and approved amendments thereto. The location of all new construction, as shown on the approved plat or an approved amendment thereof, shall be strictly adhered to.
   (G)   It is unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a zoning permit unless a revised plot diagram, showing the proposed change in condition, shall have been filed and approved, provided, however, that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvements.
   (H)   The Planning/Community Development Director shall be given at least three business days notice of the starting of work under the zoning permit. Construction pursuant to the permit must begin within 90 days from the application date. The permit will expire at the end of one year from the application date.
   (I)   It shall be the duty of the Planning/Community Development Director or his or her designated representative to inspect the layout of the proposed work within three business days after receipt of the application. He or she shall satisfy himself or herself that the proposed work is conforming to the plot plan submitted with the application for a zoning permit. If work started does not conform to the plot, diagram or other information given in the application he or she is hereby granted authority to stop work until the provisions of the permit are complied with.
   (J)   The Planning/Community Development Director may revoke a zoning permit or approval issued under the provisions of this chapter in case there have been any false statements or misrepresentation as to a material part in the application or drawings on which the permit or approval was based.
   (K)   A permanent record shall be kept of all applications for zoning permits and it shall be unlawful to change the use or occupancy of a building or land to a use or occupancy other than that described in the application. If it is desired to change to another conforming use or occupancy, a new application must be submitted and approved.
   (L)   Fees for zoning permits and Zoning Board of Adjustment appeals, permits or amendments for work shall be in amounts established by resolution, from time to time, by the Council. The fees shall be paid at the time of zoning application is approved. If construction has commenced prior to the issuance of a permit, the fee for the permit shall be twice the amount of the actual zoning permit fee.
   (M)   The property owner is responsible for compliance with any private subdivision covenant.
   (N)   Zoning permits will not be required for dog houses, dog pens less than 60 square feet in area, sheds less than 60 square feet in area, yard ornaments, play equipment, playhouses, fencing for gardens and flower beds, ornamental fencing less than ten feet in length and prefabricated and/or inflatable swimming pools that are not permanently installed.
   (O)   (1)   Moratorium on building permits in the Camanche Avenue Corridor as described in § 159.052. The Planning/Community Development Director shall not issue any building permits for any new construction or remodeling work which changes the size, outline, area, location on lot, height of structure or yard requirements until March 31, 2004, except where a vested right to the issuance of the approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this section.
      (2)   Exceptions. Any person, firm or corporation so aggrieved by or adversely affected by the Planning/Community Development Director’s refusal to issue a permit pursuant to this moratorium shall appeal therefrom to the City Council. The City Council may direct the Planning/Community Development Director to issue a permit during the moratorium for any work in the Camanche Avenue Corridor which the City Council determines would not negatively impact the redevelopment plan, upon good showing cause by the person, firm or corporation. This moratorium shall not apply to any required repairs that pose a health or safety hazard to the occupants or the general public or to any repair or replacement of any lawful sign as long as the repair or replacement does not change the size, shape or location of the sign. The moratorium shall not apply to any new wall signs placed on existing buildings or any fence.
(1999 Code, § 165.33) (Ord. 2234, passed 4-10-2001; Ord. 2247, passed 10-9-2001; Ord. 2264, passed 2-25-2003; Ord. 2352, passed 7-24-2007; Ord. 2368, passed 5-27-2008)
OFF-STREET PARKING AND LOADING
§ 159.065 OFF-STREET PARKING REQUIREMENTS.
   (A)   All new or expanded off-street parking areas shall follow the parking requirements established by the Americans with Disabilities Act of 1990 (42 U.S.C. § 1281).
   (B)   Landscaping of all off-street parking areas is required within all districts in order to protect and preserve the appearance, character and value of surrounding neighborhoods and to reduce noise and glare. Special fencing requirements also apply to parking areas in or abutting residential districts.
      (1)   All new parking areas or existing parking lots adding ten or more parking spaces in or abutting a residential zoning district or intervening alley shall be suitably screened on each side that abuts a residential district with fencing or suitable plantings that provide at a minimum a three-foot high solid visual barrier except those areas that abut a street right-of-way. Landscaping material such as trees or shrubs may be used instead of solid visuals barriers for screening along these street rights-of-way. If located on a corner lot, corner visual clearance zone requirements must be followed. The Board of Adjustment may waive screening requirements if the parking area is at least 100 feet from the nearest residential property line.
      (2)   No off-street parking area of 25 or more parking spaces shall be constructed or enlarged until a landscaping plan has been approved by the city. Landscaping plans shall include dimensions and distances, and clearly delineate the existing and proposed parking spaces or other vehicle use areas, access aisle, driveways and the location, size and description of all landscape material.
      (3)   Landscaping standards. All off-street parking areas measuring one acre or larger in size shall be required to landscape the interior and outside perimeter of the off-street parking area. Not less than 5% of the parking area shall be landscaped with trees, shrubs or other acceptable landscape material. Off-street parking areas measuring less than one acre shall have the option of providing either interior or peripheral landscaping.
   (C)   In all districts except the C-3 Central Business District, there shall be provided, at any time any building or structure is erected or structurally altered (except as otherwise provided in this chapter), off-street parking spaces, to be maintained by the owner or lessee if used under an agreement in accordance with the following requirements:
Residential
Residential
Rooming and boarding house
1 space/sleeping room
One- and two-family dwelling
2 spaces/dwelling unit
Apartment dwelling
   Efficiency apartment
1 space/dwelling unit
   One bedroom apartment
1 space/dwelling unit
   Two or more bedroom apartment
2 spaces/dwelling unit
Mobile home
2 spaces/home space
Elderly and handicap apartment
1 space/dwelling unit
Nursing and convalescent home
1 space/4 beds
College and university housing
1 space/2 beds
Hotel and motel
1 space/2 beds 1 space/guest room plus 6 spaces/1,000 sq. ft. of ballroom, meeting room, bar and restaurant areas; 1 additional space/2 employees on largest shift
Office
Medical and dental
1 space/150 sq. ft.
Other office
1 space/250 sq. ft.
Sales and Service Establishments
Bowling alley
5 spaces/lane
Carwash
2 spaces plus 3 spaces/wash bay
Day care
2 spaces plus 1 space/employee
Financial institution
1 space/250 sq. ft. plus 3 spaces for each drive-in window
Fuel sales and convenience store
1 space/200 sq. ft.(spaces at pumps can be counted towards this requirement)
Furniture and appliance
1 space/500 sq. ft. display area
Grocery store
1 space/200 sq. ft.
Mortuary and funeral home
1 space/500 sq. ft. of funeral service area
Motor vehicle sales and service
2 spaces plus 1 space/500 sq. ft. over 1,000 sq. ft. in showroom plus 2 spaces/service bay
Motor vehicle service and repair
3 spaces plus 2 spaces/service bay
Recreation and health facility
1 space/1,000 sq. ft.
Restaurant, tavern and entertainment
1 space/100 sq. ft. plus 4 spaces for each drive-in window
Retail sales and service-general
1 space/200 sq. ft.; other than ground level; 1 space/250 sq. ft.
Tennis, handball, racquetball courts, (enclosed) and the like
4 spaces/court plus 1 space/200 sq. ft. for rest of building
Wholesale
1 space/500 sq. ft.
Industrial
Industrial service, manufacturing and production
1 space/500 sq. ft. plus 1sq. ft. plus 1 space/company vehicle
Warehouse
1 space/2,000 sq. ft. plus 1 space/employee
Institutional and Miscellaneous
Athletic fields
1 space/5,000 sq. ft.
Auditoriums, theaters stadiums and arenas
Greater of 1 space/5 seats or 10 spaces/1,000 sq. ft. with 20 spaces minimum
Hospital
1 space/4 beds plus 1 space/2 employees
Place of worship
1 space/4 seats within worship area; other than worship area: 1 space/1,000 sq. ft.
Private club, libraries, museums, community buildings and the like
1 space/200 sq. ft.
Schools, high schools and college
Greater of 1-space/2 students or 10 spaces/classroom or 1 space/4 seats in auditorium
Schools primarily serving children younger that age 16
Greater of 2 spaces/classroom or 1 space/4 seats in auditorium
For uses not listed, parking space determination shall be based on similar uses
 
   (D)   In computing the number of parking spaces required, the following rules shall govern:
      (1)   FLOOR AREA means the floor space within the outside line of walls, and includes the total of all floors of a building. It does not include porches, garages or space in a basement or cellar when the space is used for storage or incidental uses.
      (2)   Where fractional spaces result, the parking spaces required shall be figured to the nearest whole number.
      (3)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature, as determined by the Building and Neighborhood Services Director or his or her designee.
      (4)   Whenever a building or use constructed or established after the effective date of this section is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of 10% or more in the number of existing parking spaces, the spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this section is enlarged to the extent of 50% or more in floor area or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth herein.
      (5)   In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
   (E)   All parking spaces required herein shall be located on the same lot with the building or use served except that where an increase in the number of spaces is required by a change or where the spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed 300 feet from an institution or other nonresidential building served. All parking lots will be maintained free of snow or debris and will be accessible at all times.
      (1)   Up to 50% of the parking spaces required for theatres, public auditoriums, bowling alleys, dance halls, night clubs or cafes and up to 100% of the parking spaces required for a church or school auditorium may be provided and used jointly by two banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those businesses listed above, provided, however, that a written agreement thereto is properly executed and filed as specified below.
      (2)   In any case where the required parking spaces are not located on the same lot with the building or use served, or where the parking spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for those purposes, shall be properly drawn and executed by the parties concerned, approved as to form and executed by the City Attorney and shall be filed with the application for a building permit.
      (3)   Off-street parking spaces may be located within a front yard in a C or M District if it is located on a hard surfaced lot and is reserved for patrons and employees of a business located on the property. Off-street parking is allowed in the front yard of an R District if located on an approved driveway providing access to a garage, carport or side yard parking area for a dwelling.
(1999 Code, § 165.23) (Ord. 2247, passed 10-9-2001; Ord. 2352, passed 7-24-2007) Penalty, see § 159.999
§ 159.066 OFF-STREET LOADING REQUIREMENTS.
   All nonresidential structures containing more than 10,000 square feet of gross floor area shall provide at least one off-street loading space that meets the following requirements:
   (A)   There shall be provided, at the time any building is erected or altered, in any district, having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry or other uses similarly requiring the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained on the same lot with the building, at least one off-street loading space plus one additional loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 10,000 square feet.
   (B)   Each loading space shall be not less than ten feet in width, 25 feet in length.
   (C)   No loading space shall be located in a required front yard except when parking is permitted therein.
   (D)   All off-street loading spaces which are within or abut a residential district or intervening street or alley shall be completely screened therefrom by a six-foot high solid visual barrier. If the loading area is located on a corner lot, corner visual clearance requirements must be followed.
   (E)   Loading areas shall be designed with appropriate means of vehicular access to a street or alley which least interferes with traffic movements.
   (F)   No building or part thereof shall be enlarged or altered unless off-street loading spaces are provided in accordance with this chapter.
(1999 Code, § 165.24) Penalty, see § 159.999
ZONING BOARD OF ADJUSTMENT
§ 159.080 ZONING BOARD OF ADJUSTMENT.
   (A)   Creation and membership. A Zoning Board of Adjustment is established. The Zoning Board of Adjustment shall consist of five members who are residents of the city, appointed by the Mayor, subject to the approval of the Council. Each member shall be appointed for a term of five years. The terms of office shall be staggered. Each term of office shall expire on June 30. Members of the Zoning Board of Adjustment shall not be reappointed if they have served two consecutive full terms. A majority of the members of the Zoning Board of Adjustment shall be persons representing the public at large and shall not be involved in the business of purchasing and selling real estate.
   (B)   Vacancies. The Mayor shall appoint, subject to the approval of the Council, persons to fill all vacancies as they occur.
   (C)   Meetings. All meetings of the Board shall be held at the call of the Chairperson and at times as the Board may determine. All hearings conducted by the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating the fact, and the Board shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation and the reasons for recommending or denying the variation shall be specified. Each decision or determination of the Board shall be filed immediately in the office of the Board and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with this chapter or with the Iowa statutes in the case made and provided, and may select or appoint the officers as it deems necessary.
   (D)   Appeals. An appeal may be taken to the Zoning Board of Adjustment by any person, firm, corporation, or any officer, department, board or bureau affected by a decision of the administrative officer, but the appeal may be taken only when the action involves a subject or instance upon which the Board is authorized to act. The appeal shall be taken within the time as prescribed by the Zoning Board of Adjustment general rules, by filing with the officer from whom the appeal is taken and with the Zoning Board of Adjustment a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appeal and testify at the hearing, either in person or by duly authorized agent or attorney. Fees for Zoning Board of Adjustment appeals, variances and special use permits shall be in amounts established by resolution, from time to time, by the Council. The fees shall be paid at the time of filing.
   (E)   Governmental jurisdiction. The Zoning Board of Adjustment shall have the following powers:
      (1)   All special use permits.
      (2)   To hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision or determination made by the Building and Neighborhood Services Director or his or her designated representative in the enforcement of this chapter.
      (3)   In hearing and deciding appeals, the Board shall have the power to grant an exception in the following instances:
         (a)   Permit the extension of a district where the boundary line of a district divides a lot or tract under a single ownership at the time of passage of this section;
         (b)   Interpret the provisions of this section in such a way as to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts, accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layouts as shown on the maps aforesaid;
         (c)   To permit the erection and use of a building or use of premises in any location for a public service corporation for public utility purposes which the Board deems reasonably necessary for the public convenience or welfare;
         (d)   All reconstruction of the structural components because of fire or an act of God on a nonconforming building is to be approved by the Zoning Board of Adjustment where the Board finds some compelling reason to continue the nonconforming use;
         (e)   Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where the regulations would impose an unreasonable hardship upon the use of a lot as contrasted with merely granting an advantage or a convenience;
         (f)   Permit land within 200 feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling but only when there is positive assurance that the land will be used for the purpose during the existence of the multiple dwelling; and
         (g)   Add more uses to the list of those permitted in the C-2, M-1, M-2 and M-3 Districts, provided that the uses are comparable, in general character, as those listed insofar as the emission of odor, dust, noise, gas or smoke is concerned.
      (4)   The Board shall have the authority to grant the following variations:
         (a)   Permit a variation in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided that the variation will not seriously affect any adjoining property or the general welfare.
         (b)   Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the use, construction or alterations of buildings or structures, or the use of land will impose an unusual and practical difficulty or particular hardship, and that the variations of the strict application of the terms of this section are in harmony with its general purpose and intent, but only when the Board is satisfied that the granting of a variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by this section and at the same time, the surrounding property will be properly protected.
      (5)   The Board shall have the power to grant an exemption from screening requirements for solid waste containment if located within a developed area of the city where there is no yard space. Public notice and public hearing requirements will not be needed for this exemption appeal.
      (6)   In considering all appeals and all proposed exception or variations to this chapter, the Board shall, before making any exceptions or variations from this chapter in a specific case, first determine that it will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets or increase the danger of fire or endanger the public safety or unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the city.
      (7)   The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building and Neighborhood Services Director or his or her designee or to decide in favor of the applicant upon any matter upon which it is authorized, by this chapter, to render a decision.
      (8)   Nothing contained herein shall be constructed to give or grant to the Zoning Board of Adjustment the power of authority to alter or to change the Zoning Ordinance or the district map, the power and authority being reserved for the Council in the manner provided in § 159.052. No member shall participate in any action of the Board if the member has a financial interest in the property being considered or is related to any of the parties or has any connection whatsoever with the property in question or the parties involved.
   (F)   Notice. The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. A notice of the time and place of a public hearing shall be published in a Clinton publication of general circulation not less than four days nor more than 20 days of the meeting date.
   (G)   Notification. The applicant for any appeal, variance or special use permit shall notify all adjacent property owners of the purpose of the application.
   (H)   Relief. Any person or persons, jointly or severally aggrieved by any decision of the Board, or any taxpayer or any officer, department, board or bureau of the city shall have recourse to the relief as it is provided by statute.
(1999 Code, § 165.27) (Ord. 2247, passed 10-9-2001; Ord. 2255, passed 5-20-2002) Penalty, see § 159.999
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