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Ely, Iowa Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF ELY, IOWA
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 URBAN RENEWAL
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK/ADMINISTRATOR
CHAPTER 19 CITY TREASURER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 LIBRARY BOARD OF TRUSTEES
CHAPTER 22 PLANNING AND ZONING COMMISSION
CHAPTER 23 PARKS AND RECREATION COMMISSION
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 35 FIRE PROTECTION
CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 PARK REGULATIONS
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 52 MOWING OF PROPERTIES
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 57 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 ONE-WAY TRAFFIC
CHAPTER 69 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE REGULATIONS
CHAPTER 77 GOLF CARTS
CHAPTER 78 SKATEBOARDS, SCOOTERS, ROLLER SKATES, AND ROLLER BLADES
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 99 SEWER SERVICE CHARGES
CHAPTER 100 STORM WATER MANAGEMENT
CHAPTER 105 SOLID WASTE CONTROL
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 ELECTRIC TRANSMISSION FRANCHISE
CHAPTER 113 CABLE TELEVISION REGULATIONS
CHAPTER 114 LINN COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION ELECTRIC FRANCHISE
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
CHAPTER 123 HOUSE MOVERS
CHAPTER 124 ADULT-ORIENTED BUSINESS ESTABLISHMENTS
CHAPTER 135 STREET USE AND MAINTENANCE
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 145 DANGEROUS BUILDINGS
CHAPTER 146 MANUFACTURED AND MOBILE HOMES
CHAPTER 147 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 148 ILLICIT DISCHARGE ORDINANCE
CHAPTER 150 BUILDING NUMBERING
CHAPTER 151 TREES
CHAPTER 155 BUILDING CODES
CHAPTER 156 ELECTRICAL CODE
CHAPTER 160 FLOOD PLAIN MANAGEMENT
CHAPTER 165 ZONING REGULATIONS
CHAPTER 170 SUBDIVISION CONTROL
170.01 SHORT TITLE.
170.02 PURPOSE.
170.03 POLICY.
170.04 APPLICATION AND JURISDICTION.
170.05 INTERPRETATION.
170.06 DURATION OF APPROVAL OF PRELIMINARY PLAT.
170.07 DEFINITIONS.
170.08 PROCEDURE.
170.09 PRE-SUBMISSION CONSULTATIONS.
170.10 REQUIREMENTS OF PRELIMINARY PLAT.
170.11 SUBMISSION OF PRELIMINARY PLAT.
170.12 REFERRAL OF PRELIMINARY PLAT.
170.13 REVIEW OF PRELIMINARY PLAT.
170.14 ACTION BY THE COMMISSION ON PRELIMINARY PLAT.
170.15 ACTION BY COUNCIL ON PRELIMINARY PLAT.
170.16 EFFECTIVE PERIOD OF TENTATIVE APPROVAL.
170.17 COMPLETION OF IMPROVEMENTS.
170.18 PERFORMANCE BOND.
170.19 FINAL PLAT.
170.20 REQUIREMENTS OF THE FINAL PLAT.
170.21 SUBMISSION OF FINAL PLAT.
170.22 REFERRAL OF FINAL PLAT.
170.23 ACTION BY COMMISSION ON FINAL PLAT.
170.24 ACTION BY COUNCIL ON FINAL PLAT.
170.25 RE-SUBDIVISION OF LAND.
170.26 COMPLETION OF IMPROVEMENTS.
170.27 PERFORMANCE BOND.
170.28 INSPECTION OF IMPROVEMENTS.
170.29 RELEASE OR REDUCTION OF PERFORMANCE BOND.
170.30 MAINTENANCE OF IMPROVEMENTS.
170.31 DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS.
170.32 ISSUANCE OF CERTIFICATES OF OCCUPANCY.
170.33 IMPROVEMENTS REQUIRED.
170.34 DESIGN STANDARDS ARE MINIMUM.
170.35 CONFORMANCE TO APPLICABLE RULES AND REGULATIONS.
170.36 SUBDIVISION NAME.
170.37 MONUMENTS.
170.38 CHARACTER OF THE LAND.
170.39 LOTS.
170.40 BLOCKS.
170.41 STREETS; GENERAL REQUIREMENTS.
170.42 STREETS; DESIGN STANDARDS.
170.43 STORM SEWERS AND DRAINAGE.
170.44 WATER FACILITIES.
170.45 SEWAGE FACILITIES.
170.46 SIDEWALKS.
170.47 UTILITIES.
170.48 PRESERVATION OF NATURAL FEATURES AND AMENITIES.
170.49 NONRESIDENTIAL SUBDIVISIONS.
170.50 SCHOOL AND PARK RESERVATIONS.
170.51 IMPROVEMENTS WITHIN UNINCORPORATED JURISDICTION.
170.52 VARIATIONS AND EXCEPTIONS.
170.53 CHANGES AND AMENDMENTS.
170.54 ENFORCEMENT, VIOLATIONS AND PENALTIES.
CHAPTER 175 AIRPORT ZONING REGULATIONS
USE AND MAINTENANCE OF THE CODE OF ORDINANCES
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170.32   ISSUANCE OF CERTIFICATES OF OCCUPANCY.
No certificate of occupancy shall be issued until  the extent of street improvement is adequate for vehicular access by the prospective occupant and by police and fire equipment.
170.33   IMPROVEMENTS REQUIRED.
The subdivider shall install and construct all improvements required by these regulations in accordance with the specifications and under the supervision of the Council and to its satisfaction.
170.34   DESIGN STANDARDS ARE MINIMUM.
The standards and details of design herein contained are intended only as minimum requirements so that the general arrangement and layout of a subdivision may be adjusted to a wide variety of circumstances.  However, in the design and development of the subdivision, the subdivider shall use standards consistent with the site conditions so as to assure an economical, pleasant and durable neighborhood.
170.35   CONFORMANCE TO APPLICABLE RULES AND REGULATIONS.
In addition to the requirements established herein, all subdividers shall comply with the following laws, rules, and regulations.
   1.   State Statutes.  All applicable statutes of the State of Iowa.
   2.   City Plans.  Any comprehensive plan, public utilities plan, and capital improvements program of the City.
   3.   State Agency Rules.  The requirements and rules of State agencies such as the State Department of Environmental Quality, State Department of Health, and the State Department of Transportation, where applicable.
   4.   County Standards and Regulations.  The standards and regulations of the County Board of Supervisors and County commissions, boards, and agencies, where applicable.
   5.   City Standards and Regulations.  The standards and regulations adopted by the Council, boards, commissions, and agencies of the City.
   6.   Plat Approval and Conformity.  Plat approval may be withheld if a subdivision is not in conformance with the above guides, or policy and purposes of these regulations.
170.36   SUBDIVISION NAME.
The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations.  The Council, after consultation with the Commission, shall have the final authority to designate the name of the subdivision which shall be determined at preliminary plat approval.
170.37   MONUMENTS.
Monuments shall be in conformance with the following requirements:
   1.   Establishment of Permanent Control Monuments.  Prior to the offering of the plat of any subdivision for record, the surveyor shall confirm the prior establishment of permanent control monuments at each controlling corner on the boundaries of the parcel or tract of land being subdivided.  If no permanent control monuments exist, the surveyor shall establish at least two permanent control monuments for each block created, or if the area subdivided into lots is less than a block in size, at least two permanent control monuments shall be established for the subdivision.  Permanent control monuments shall be constructed of reasonably permanent material solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment.  The surveyor shall affix a cap of reasonably inert material bearing an embossed or stencil cut marking of the Iowa registration number of the surveyor to the top of the monument.
   2.   Other Monuments of Record.  Other monuments established prior to the recording of the plat of the subdivision and described on the plat shall be considered monuments of record and shall be given the same weight as original permanent control monuments if the monuments remain undisturbed in their original positions.  The additional monuments shall be constructed and embedded according to the provisions for permanent control monuments prescribed in subsection 1 of this section.
   3.   Establishment and Recording of Other Monuments.  Monuments other than the permanent control monuments required in subsection 1 of this section shall not be required to be established before the recording of the plat or the conveyance of lands by reference to the plat if the registered land surveyor includes in the surveyor’s statement on the plat that the additional monuments required by these regulations shall be established before a specified future date.
   4.   Additional Monuments Required.  Additional monuments shall be constructed and embedded  according to the provisions for permanent control monuments prescribed in subsection 1 of this section, and shall be set all of the following locations whether set prior to the recording of the plat, or subsequent to such recording:
      A.   At every corner and angle point of every lot, block or parcel of land created.
      B.   At every point of intersection of the outer boundary of the subdivision with an existing or created right-of-way line of any street, railroad, or other way.
      C.   At every point of curve, tangency, reversed curve, or compounded curve on every right-of-way line established.
   5.   Placement of Monument.  When the placement of a monument required by this chapter at the  prescribed location is impractical, it is permissible to establish a reference monument in close proximity to the prescribed location.  If the reference monument is established prior to the recording of the plat and its location properly shown on the plat, the reference monument shall have the same status as other monuments of record.  Where any point requiring monuments has been previously monumented, the existence of the monument shall be  confirmed by the surveyor.  The existing monument shall be considered a monument of record when properly shown and described on the recorded plat.
170.38   CHARACTER OF THE LAND.
Land which the City finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or its surrounding areas or both, shall not be subdivided or developed unless adequate methods are formulated by the subdivider and approved by the Council,  upon recommendation of the Commission, to solve the problems created by the unsuitable land conditions.  Such land shall be set aside for uses as shall not involve such a danger.
170.39   LOTS.
The lot size, width, depth, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
   1.   Lot Size.  Minimum lot dimensions and sizes shall conform to the requirements of the zoning regulations where applicable, but in no case shall a lot contain less than 9,500 square feet of area or be less than 80 feet wide measured at the building line.
      A.   Residential lots where not served by public sewer shall be of sufficient size, as determined by the City and subject to any applicable State or County rules or regulations, to accommodate the type of private sewage disposal system proposed by the developer.
      B.   Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.
      C.   Corner lots for residential use shall have an extra 15 feet of width to permit appropriate building setback from and orientation to both streets.
   2.   Street Access.  Each lot shall be provided with satisfactory access to a public street.
   3.   Double Frontage and Reverse Frontage Lots.  Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.  A planting screen easement of at least 10 feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.
   4.   Side Lot Lines.  Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.
   5.   Lot Drainage.  Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area.  Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.
   6.   Building Lines.  Building lines conforming with zoning standards shall be shown on all lots within the platted area.  Where the subdivided area is not under zoning control, the Council may require building lines in accordance with the needs of each subdivision.
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