A. Adult Business Uses:
1. Characteristics: Any amusement or entertainment establishment, bookstore, massage establishment, motion picture theater, video rental or sales establishment, or other similar use, in which twenty five percent (25%) or more of its floor area is customarily not open to the public generally but only to one or more classes of the public excluding any minor by reason of age under chapter 728, "obscenity", Code of Iowa, as amended.
2. Examples: Adult bookstores; adult video stores; nightclubs featuring nude dancing.
3. Accessory uses: Off street parking.
4. Exceptions: Therapeutic massage is considered personal service oriented retail.
B. Animal Related Commercial Uses:
1. Characteristics: Commercial services related to the temporary care, medical treatment, recreation, or cremation of domestic animals. Uses are divided into two (2) subgroups based on the intensity of the use, outdoor activity on the site, and the potential for noise and odor related externalities.
2. Examples: This category includes uses from the two (2) subgroups listed below:
a. General: Veterinary clinics; animal grooming establishments; pet crematoriums; animal daycare; indoor animal recreation.
b. Intensive: Kennels; stables.
3. Accessory uses: Boarding facilities and pet crematoriums within veterinary clinics; overnight sleeping accommodations for staff; private outdoor animal recreation; parking; outdoor animal exercise areas associated with kennels and stables.
4. Exceptions:
a. Pet and pet supply stores are classified as sales oriented retail.
b. Pet crematoriums may also be considered an accessory use to a mortuary or funeral home.
C. Building Trade Uses:
1. Characteristics: Building trade uses are characterized by firms who undertake activities of a type that are specialized either to building construction or to both building and nonbuilding construction projects. These specialized trade contractors may work on subcontract from the general contractor, performing only part of the work covered by the general contract, or they may work directly for the owner of the building or project. Building trade contractors primarily perform their work at the site of construction, although they also may have shops where they perform work incidental to the job site.
2. Examples: Electrical, plumbing, heating, and air conditioning contractors, painting and wall papering services, masons, stone and tile setters, glass and glazing services.
3. Accessory Uses: Off street parking, workshops, storage.
4. Exceptions:
a. Contractors and others who perform services off site are included in the office use category if large equipment and materials are not stored indoors or outdoors on the site, and fabrication, or similar work, is not conducted on the site.
b. Businesses that repair and install glass in automobiles, trucks and other vehicles are classified as vehicle repair uses.
c. Uses specializing in heavy construction work, or that include major fabrication or assembly activities, or that store large quantities of materials on site will be classified as industrial service, manufacturing and production, and/or warehouse and freight movement depending on the particular characteristics of the use (see section 14-4A-2, "Classifying Uses", of this article).
d. Artisans and artists that manufacture or assemble goods made of wood, glass, metal, tile, stone or similar that are intended for sale to the general public are categorized as cottage industries, as defined in chapter 9, article A, "General Definitions", of this title.
D. Commercial Recreational Uses:
1. Characteristics: Commercial facilities used primarily for physical exercise, recreation, or culture. Outdoor uses in this category are typically land intensive uses that provide continuous recreation or entertainment oriented activities. They may take place in a number of structures that are arranged together in an outdoor setting. Indoor uses in this category may require larger indoor areas to accommodate equipment or facilities for the proposed activity.
2. Examples: Examples include uses from the two (2) subgroups listed below:
a. Outdoor: Campgrounds; commercial tennis and swimming facilities; drive-in theaters; outdoor skating rinks; golf driving ranges; outdoor miniature golf facilities; commercial amphitheaters; amusement parks; privately owned active sports facilities such as ball fields.
b. Indoor: Physical fitness centers; health clubs; gyms; bowling alleys; indoor skating rinks; billiard halls; amusement arcades; indoor theaters; indoor play parks.
3. Accessory Uses: Concessions; off street parking; maintenance facilities.
4. Exceptions:
a. Golf courses are considered parks and open space.
b. Commercial art galleries are classified as sales oriented retail.
c. Private lodges and clubs are classified as religious/private group assembly.
d. Uses of a public, nonprofit, or charitable nature, such as community centers, libraries and museums are considered community service.
e. Establishments featuring nude dancing are considered an adult business use.
E. Commercial Parking Uses:
1. Characteristics: Commercial parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as commercial parking.
2. Examples: Municipal parking facilities; short term and long term fee parking facilities; commercial shuttle parking facilities; mixed parking lots (partially for a specific use, partly for rent to others).
F. Eating And Drinking Establishments:
1. Characteristics: Establishments where the principal activity is the preparation, dispensing and consumption of food and/or beverages. Depending on the type of establishment, food and/or beverages may be consumed on or off of the premises. These uses may vary with regard to traffic generation, congestion, and the potential for off site impacts. Therefore, the size, location, and accessory uses permitted may be regulated differently based on the underlying zoning.
2. Examples: Examples include uses from the two (2) subgroups listed below:
a. Eating Establishments: Restaurants; cafes; cafeterias; coffee shops; delicatessens, tearooms; dining rooms; supper clubs; fast food restaurants; ice cream parlors.
b. Drinking Establishments: Any use that meets all of the defining characteristics listed in subsections F2b(1), F2b(2), and F2b(3) of this section, is considered a drinking establishment for purposes of this title, unless listed as an exception in subsection F4 of this section.
(1) The principal activity of the establishment is the preparation, dispensing and consumption of food and/or beverages; and
(2) The establishment is licensed by the state for the sale of alcoholic beverages for on site consumption, as defined by Iowa Code chapter 123; and
(3) The establishment is open for business on a regular basis any time between the hours of twelve o'clock (12:00) midnight and two o'clock (2:00) A.M.
3. Accessory Uses: Off street parking. Drive-through facilities and sidewalk cafe seating are accessory uses that are subject to additional regulations outlined in article C, "Accessory Uses And Buildings", of this chapter.
4. Exceptions:
a. Establishments featuring nude dancing are considered an adult business use.
b. Restaurants and/or bars that are associated with a hospitality oriented retail use and that have been issued a class B liquor control license are considered accessory to the subject hospitality oriented retail use and are not considered eating or drinking establishments or alcohol oriented retail uses.
G. Quick Vehicle Servicing Uses:
1. Characteristics: Quick vehicle servicing uses provide direct services for motor vehicles where the driver generally waits in the car or on site before and while the service is performed. The facility may include a drive-through area where the service is performed. Full serve and miniserve gas stations are always classified as a principal use, rather than an accessory use, even when they are in conjunction with other uses.
2. Examples: Full serve and miniserve gas stations; unattended card key service stations; car washes.
3. Accessory uses: Off street parking and stacking lanes.
4. Exceptions:
a. Repair and service of consumer motor vehicles, motorcycles, and light and medium trucks is classified as vehicle repair and is considered a principal use rather than an accessory use, even when in conjunction with a gas station or other use. A development with both a gas station and automotive repair shop would be classified as containing two (2) principal uses: quick vehicle servicing and vehicle repair.
b. A convenience store located on the same lot as a quick vehicle servicing use is regulated as a separate principal use, sales oriented retail or alcohol sales oriented retail, whichever is applicable.
c. Repair and service of industrial vehicles and equipment and heavy trucks is classified as industrial service.
d. Fleet vehicle refueling facilities that are located on the site where the fleet vehicles are kept are classified as an accessory use.
H. Office Uses:
1. Characteristics: Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.
2. Examples: Examples include uses from the two (2) subgroups listed below:
a. General Office: Professional offices, such as lawyers, accountants, engineers, architects, and real estate agents; financial businesses, such as mortgage lenders, brokerage houses, administrative and back office banking facilities; data processing; government offices; public utility offices; social service agency offices; television and radio studios; and business services, such as advertising agencies, consumer credit reporting agencies, collection agencies, mailing and copying services, quick printing services, building management services, detective agencies, computer services, software development, research and development, consulting and public relations, protective services, bondspersons, drafting services, auctioneer services, call centers.
b. Medical/Dental Office: Medical and dental clinics; chiropractic clinics; medical and dental labs; blood collection facilities; physical therapy clinics.
3. Accessory Uses: Cafeterias; exercise facilities for employees; off street parking; other amenities primarily for the use of employees in the firm or building. Antennas and satellite receiving devices that are accessory to a television or radio studio are subject to additional regulations. (See article C, "Accessory Uses And Buildings", of this chapter.)
4. Exceptions:
a. Broadcast and other communication towers associated with radio and television studios are classified as communication transmission facilities and are regulated as a separate principal use.
b. Offices that are accessory to a business or facility in another use category are not classified as an office use, but are subject to the relevant regulations for accessory uses. For example, a manufacturing facility may include some offices for administrative functions. These offices are considered accessory to the manufacturing and production use.
c. Retail banking establishments that offer teller services and other personal banking services for individual customers are considered personal service oriented retail. Banking establishments that contain both administrative offices/back office functions and retail operations are considered to contain two (2) principal uses: office and personal service oriented retail.
d. Offices for contractors and others who perform services off site are included in the office category if equipment and materials are not stored on the site and fabrication services or similar work is not conducted on site.
e. Salons and spas that offer therapeutic massage and other aesthetic health treatments are classified as personal service oriented retail.
I. Retail Uses:
1. Characteristics: Establishments involved in the sale, lease, or rent of new or used products to the general public for personal or household consumption and establishments involved in the sale of personal services, hospitality services, or product repair services to the general public.
2. Examples: Examples include uses from the subgroups listed below:
a. Sales Oriented: Stores selling, leasing, or renting consumer, home, and business goods, including, but not limited to, antiques, appliances, art, art supplies, bicycles, carpeting, clothing, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, videos. Also includes retail establishments that have a cottage industry component, such as bakeries, confectioneries, upholsterers, artist/artisans' studios, and similar.
b. Personal Service Oriented: Establishments engaged in providing retail services and services related to the care of a person or a person's apparel, such as retail banking establishments, laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, beauty salons, tanning salons, therapeutic massage establishments, taxidermists, mortuaries, funeral homes, and crematoriums.
c. Repair Oriented: Repair of consumer goods, such as electronics, bicycles, office equipment; appliances.
d. Hospitality Oriented: Hotels; motels; convention centers; guesthouses; and commercial meeting halls/event facilities.
e. Outdoor Storage And Display Oriented: Uses that typically include large areas of outdoor storage or display, such as lumberyards; sales or leasing of consumer vehicles, including passenger vehicles, light and medium trucks, and recreational vehicles; sales of landscaping materials and nursery products to the general public; farm supply and implement sales; equipment or vehicle rental businesses.
f. Alcohol Sales Oriented: Liquor stores; wine shops; grocery stores; convenience stores; and other retail establishments for which a class E liquor control license or wine or beer permit has been issued that allows sale of alcohol or alcoholic beverages in closed containers for off premises consumption.
g. Delayed Deposit Service Uses: Payday lenders and any other similar use that meets the definition of "delayed deposit service use", as defined in chapter 9, article A of this title.
3. Accessory Uses: Offices; storage of goods; assembly, repackaging, or processing of goods for on site sale; off street parking, services incidental to the sale of goods; wholesale sales. Drive-through facilities are accessory uses that are subject to additional regulations outlined in article C, "Accessory Uses And Buildings", of this chapter. Crematoriums, for either human or pet remains, may be an accessory use to a funeral home or mortuary.
4. Exceptions:
a. Lumberyards and other building material suppliers that sell primarily to contractors and do not have a retail orientation are classified as wholesale sales.
b. Repair of consumer motor vehicles, motorcycles, and light and medium trucks is classified as vehicle repair. Repair and service of industrial vehicles and equipment, and heavy trucks is classified as industrial service.
c. Sales, rental, or leasing of heavy trucks and equipment is classified as wholesale sales.
d. Firms that primarily sell tree nursery products and landscaping materials to other retail outlets rather than to the general public are considered wholesale sales.
e. Restaurants and/or bars that are associated with a hospitality oriented retail use and that have been issued a Class B liquor control license are considered accessory to the subject hospitality oriented retail use and are not considered drinking establishments or alcohol oriented retail uses.
f. Drinking establishments are not considered alcohol sales oriented uses, even if they have a liquor control license or wine or beer permit that allows sale of alcohol, wine, or beer in closed containers for off premises consumption.
g. A use is not considered an alcohol sales oriented use if an accessory alcohol sales certificate has been granted according to the process set forth in subsection 14-4A-2G, "Use Classification For Establishments That Sell Alcohol", of this article.
h. Bed and breakfasts are considered accessory uses to any residential use and are regulated according to the provisions specified for such uses in article C, "Accessory Uses And Buildings", of this chapter.
i. A pet crematorium, if a principal use on a property, is considered an animal related commercial use. Pet crematoriums may also be an accessory use to a veterinary clinic.
j. Sales of first-class and/or second-class consumer fireworks is classified as an "other use" as set forth in subsection 14-4A-7E of this article.
J. Surface Passenger Services:
1. Characteristics: Passenger terminals for regional bus and passenger rail service; dispatch facilities for local taxi and limousine service.
2. Examples: Regional bus and passenger rail depots; charter and rental bus services; dispatch facilities for local taxi and limousine services.
3. Accessory Uses: Offices; concessions; parking; maintenance and fueling facilities.
4. Exceptions: Bus stations and park and ride facilities for local mass transit are classified as general community service uses.
K. Vehicle Repair Uses:
1. Characteristics: Establishments providing repair and servicing of passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.
2. Examples: Vehicle repair shops; auto body shops; transmission and muffler shops; alignment shops; auto upholstery shops; auto detailing services; tire sales and mounting.
3. Accessory uses: Offices; sales of parts; off street parking; vehicle storage.
4. Exceptions:
a. Towing services and the repair and service of industrial vehicles and equipment and of heavy trucks are classified as industrial service.
b. Vehicle wrecking and salvage are classified as salvage operations.
c. Quick vehicle lubrication businesses are classified as quick vehicle servicing.
(Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 09-4341, 6-2-2009; Ord. 09-4352, 7-6-2009; Ord. 11-4452, 10-18-2011; Ord. 12-4495, 9-18-2012; Ord. 17-4732, 11-21-2017; Ord. 20-4820, 3-3-2020
; Ord. 22-4882, 6-21-2022
)