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14-4A-7: OTHER USE CATEGORIES:
   A.   Agricultural Uses:
      1.   Characteristics: Uses where the principal activities may include the commercial cultivation of plants, including crop, vegetable, and fruit production, livestock production, and the raising, boarding, and training of domestic animals.
      2.   Examples: Examples include uses from the two (2) subgroups listed below:
         a.   Plant Related: Crop farming; vegetable, fruit, and tree farms; wholesale plant nurseries.
         b.   Animal Related: Livestock operations; dairy farms; horse farms.
      3.   Accessory Uses: Dwellings for proprietors and their families and for employees of the use; storage buildings; farm outbuildings.
      4.   Exceptions:
         a.   Livestock auctions are classified as wholesale sales.
         b.   Processing of animal or plant products, including processing and packaging of dairy products, is classified as either general or heavy manufacturing.
         c.   Plant nurseries that are oriented to retail sales are classified as outdoor storage and display oriented retail.
         d.   Kennels (see definition in chapter 9, article A of this title) are classified as intensive animal related commercial.
      5.   Prohibited Uses: Stockyards; feedlots and confinement feeding operations.
   B.   Aviation Related Uses:
      1.   Characteristics: Facilities for the landing and take off of flying vehicles, including loading and unloading areas and passenger terminals. Aviation facilities may be for commercial carriers or for shared use by private aircraft.
      2.   Examples: Examples include uses from the two (2) subgroups listed below:
         a.   Airports: Public and private airports and airstrips.
         b.   Helicopter Landing Facilities: Heliports; helipads; helistops.
      3.   Accessory Uses: Freight handling areas; concessions; offices; parking; maintenance, storage, and fueling facilities.
      4.   Exceptions: Helicopter landing facilities are always classified and regulated as a separate principal use. No helicopter landing facility shall be construed or interpreted as being an integral part of any principal use or as being accessory to any principal use.
   C.   Extraction Uses:
      1.   Characteristics: The industrial extraction of sand, gravel, or topsoil for off site use, excluding the process of grading a lot in preparation for constructing a building or infrastructure.
      2.   Examples: Quarrying or dredging for sand and gravel.
      3.   Accessory Uses: Offices; storage and transfer facilities.
   D.   Communication Transmission Facility Uses:
      1.   Characteristics: All devices, equipment, machinery, structures or supporting elements necessary to produce nonionizing electromagnetic radiation and operating as a discrete unit to produce a signal or message. Towers may be self-supporting, guyed, or mounted on poles or buildings.
      2.   Examples: Broadcast towers and antennas; wireless communication towers and antennas; point to point microwave towers and antennas; emergency communication broadcast towers and antennas.
      3.   Accessory Uses: Transmitter facility buildings.
      4.   Exceptions:
         a.   Receive only antennas are not included in this category.
         b.   Shortwave radio towers for personal use are regulated as an accessory use.
         c.   Radio and television studios are classified in the office category. Their broadcast towers are classified as communication transmission facilities and are regulated as a separate principal use. (Ord. 05-4186, 12-15-2005)
   E.   Consumer Fireworks Sales Uses:
      1.   Characteristics: Sales of first-class and/or second-class consumer fireworks, as defined by the American Pyrotechnics Association.
      2.   Examples: Seasonal sales outlets.
      3.   Accessory Uses: None. (Ord. 17-4732, 11-21-2017)
ARTICLE B. MINOR MODIFICATIONS, VARIANCES, SPECIAL EXCEPTIONS, AND PROVISIONAL USES
SECTION:
14-4B-1: Minor Modifications
14-4B-2: Variances
14-4B-3: Special Exceptions
14-4B-4: Specific Approval Criteria For Provisional Uses And Special Exceptions
14-4B-1: MINOR MODIFICATIONS:
The building official or designee is empowered to grant minor modifications from certain standards specifically enumerated below. Minor modifications provide a mechanism by which the specified regulations may be modified or waived if the proposed development meets certain criteria and continues to meet the intended purpose of those regulations. Minor modification reviews provide flexibility for unusual situations applicable to the property, for which strict application of the regulations is impractical. The minor modifications listed below may be granted, provided the approval criteria as set forth in subsection B of this section are met. The approval procedures for minor modifications are set forth in chapter 8, article B, "Administrative Approval Procedures", of this title. (Ord. 10-4397, 7-12-2010)
   A.   Applicability: The building official may grant the following minor modifications from the requirements of this title, provided the approval criteria are met. Any requests for modifications that exceed the limitations set forth below and all other requests for modifications of the requirements of this title require the filing of a special exception or variance application with the Board of Adjustment.
      1.   The number of required parking spaces for commercial uses may be reduced up to ten percent (10%).
      2.   The building official, in consultation with the Director of Neighborhood and Development Services, may approve a minor modification of up to fifty percent (50%) of the total number of parking spaces required, if the uses sharing the parking are not normally open, used, or operated during the same hours. However, this reduction is not allowed for residential uses. To qualify for a reduction under this provision, a parking demand analysis must be submitted that provides evidence that the amount of parking proposed for the shared parking area will be sufficient to meet the parking demand.
      3.   The building official, in consultation with the Director of Neighborhood and Development Services, may approve a minor modification as specified in 14-4B-1 of this title to reduce the total number of parking spaces required by up to fifty percent (50%) if it meets the following standards:
         a.   It must be in a CB-2, CB-5, CC-2, CN-1, CO-1, or MU zone;
         b.   Buildings must be limited to a footprint of 5,000 square feet;
         c.   A parking demand analysis must be submitted that provides evidence that the amount of parking proposed will be sufficient to meet the parking demand, which depending on the complexity of the site, may require an engineered study, as determined by staff; and
         d.   The proposed development must not result in the demolition of a property that is designated as an Iowa City landmark, registered in the National Register of Historic Places, or individually eligible for the National Register of Historic Places.
      4.   In the CB-5 and CB-10 Zones, a minor modification may be granted exempting up to thirty percent (30%) of the total number of dwelling units contained in a building from the minimum parking requirements; provided that those dwelling units are committed to the City’s assisted housing program or any other affordable housing program approved by the City.
      5.   The height of a wall or fence may be increased up to twenty five percent (25%), but in no case shall a minor modification allow a fence greater than eight feet (8') high.
      6.   The height of a principal or accessory building may be increased up to ten percent (10%).
      7.   In cases where, due to topography or other site characteristics, a wheelchair ramp cannot meet the limitations placed on its allowed extension into a required setback, this limitation may be modified.
      8.   Required setbacks from a side lot line may be reduced by up to two feet (2'), but in no case shall a required setback from a side lot line be reduced to less than three feet (3'), unless the subject side lot line abuts a public right-of-way or permanent open space.
      9.   Other setbacks may be reduced by up to fifteen percent (15%) of the required setback, but in no case shall a required setback from a rear lot line be reduced to less than three feet (3'), unless the subject side lot line abuts a public right-of-way or permanent open space.
      10.   One space for parking for persons with disabilities may be located in a required front setback for commercial uses in a Commercial Zone, when adjacent to a Residential Zone, where the topography or shape of the lot precludes compliance with the location requirements for off street parking.
      11.   The permitted height of a freestanding sign may be increased by up to ten feet (10') if the property is within one thousand feet (1,000') of a divided, limited access highway, and there is a difference in topographical elevations between the property and the highway, such that the visibility of the sign from the highway would be obstructed if the sign were limited to the maximum height permitted by ordinance.
      12.   One nonresident employee may be approved for a home occupation use. However, nonresident employees are not permitted under any circumstances for the types of medical offices allowed as home occupations.
      13.   Modifications to the driveway spacing standards contained in section 14-5C-4 of this title may be granted, provided there is no feasible alternative to the modification requested, and vehicular and/or pedestrian safety will not be compromised due to the modification. The building official must obtain approval from the City Engineer and the Director of Planning and Community Development prior to granting any such modification.
      14.   A building addition of less than five hundred (500) square feet or an accessory storage building less than five hundred (500) square feet in size may be approved for accessory uses within parks and open space uses without approval from the Board of Adjustment. However, if any such building addition increases the occupancy load of the building, a special exception must be obtained.
      15.   Modifications to the multi-family site development standards contained in section 14-2B-6 of this title according to the alternate approval criteria set forth in that section. The building official must obtain approval from the Design Review Committee and the Director of Planning and Community Development prior to granting any such modification. Such requests shall be reviewed and approved jointly by the Design Review Committee, the Director of Planning and Community Development, and the Building Official.
      16.   Modifications to the site development standards contained in section 14-2C-6, 14-2C-7, 14-2C-8, or 14-2C-9 of this title according to the alternate approval criteria set forth in section 14-2C-10 of this title. The building official must obtain approval from the Design Review Committee and the Director of Planning and Community Development prior to granting any such modification.
      17.   Modifications to the site development standards contained in sections 14-2D-5, “Industrial And Research Zone Site Development Standards”, and 14-2F-5, “Public Zone Site Development Standards”, of this title according to the alternate approval criteria set forth in those sections, respectively. The building official must obtain approval from the Director of Planning and Community Development prior to granting any such modification.
      18.   One additional garage entrance/exit to structured parking may be granted according to the provisions of subsection 14-5A-5F7, “Garage Entrances/Exits”, of this title. The building official must obtain approval from the Director of Planning and Community Development prior to granting any such modification.
      19.   Freestanding signs in the CB-2 Zone, according to the approval criteria and specifications as stated in section 14-5B-8, table 5B-4 of this title.
      20.   Modifications or waivers of nonconforming development according to the provisions set forth in section 14-4E-8, “Regulation Of Nonconforming Development”, of this chapter.
      21.   A modification of the required driveway length in Single-Family Zones according to the provisions set forth in subsection 14-2A-6C4 of this title.
      22.   An entranceway/gate more than four feet (4') in height in Residential Zones, provided it is designed to be compatible with and enhance the surrounding neighborhood. An identification sign no more than twelve (12) square feet in area incorporated as an integral element of the entranceway/gate may be permitted as part of the requested minor modification.
      23.   Modification to reduce the open space requirement for single family and two family uses in certain qualifying situations and according to the specific approval criteria as specified in sections 14-2A-4 and 14-2B-4 of this title.
      24.   For solar energy systems, modifications to the accessory mechanical structure standards contained in subsection 14-4C-2N and other accessory development standards contained in section 14-4C-3.
   B.   Approval Criteria: The building official may approve an application for a minor modification, in whole or in part, with or without conditions, only if the following approval criteria are met:
      1.   Special circumstances apply to the property, such as size, shape, topography, location, surroundings, or characteristics, or preexisting site development, which make it impractical to comply with the subject regulation or which warrant a modification and/or waiver of the subject regulation.
      2.   The minor modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located.
      3.   The minor modification does not exceed the minor modification standards or allow a use or activity not otherwise expressly authorized by the regulations governing the subject property.
      4.   The minor modification requested is in conformity with the intent and purpose of the regulation modified.
      5.   The requested minor modification complies with other applicable statutes, ordinances, laws and regulations.
   C.   Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence.
   D.   Precedents: The granting of a minor modification is not grounds for granting other minor modifications for the same or differing properties. (Ord. 05-4186, 12-15-2005; amd. Ord. 08-4326, 12-22-2008; Ord. 10-4397, 7-12-2010; Ord. 19-4779, 2-19-2019; Ord. 20-4834, 11-17-2020; Ord. 22-4882, 6-21-2022; Ord. 23-4893, 1-24-2023)
14-4B-2: VARIANCES:
The Board of Adjustment is empowered to grant variances from the provisions of this title that will not be contrary to the public interest when, owing to unique circumstances or conditions, a literal interpretation of this title would deprive the applicant of rights commonly enjoyed by other properties in the zoning district under the terms of this title and would impose unnecessary and undue hardship on the applicant. To ensure that the spirit of this title is observed and substantial justice done, no variance to the strict application of any provision of this title shall be granted by the Board unless the applicant demonstrates that all of the following approval criteria are met. The procedures for obtaining a variance are set forth in chapter 8, article C, “Board Of Adjustment Approval Procedures”, of this title.
   A.   Approval Criteria:
      1.   The proposed variance will not be contrary to the public interest; and
      2.   Where owing to special conditions, a literal enforcement of the provisions of the zoning code provision will result in unnecessary hardship; and
      3.   The spirit of the zoning code provision shall be observed, and substantial justice done.
   B.   Definitions:
 
REASONABLE RETURN:
Lack of a reasonable return may be shown by proof that the owner has been deprived of all beneficial use of the land. All beneficial use is said to have been lost where the land is not suitable for anything permitted by the zoning code. A zoning code provision deprives an owner of a reasonable return if all productive use of the land is denied. Such deprivation is shown where the land in issue has so changed that the purpose for which it was originally zoned are no longer feasible. It is not sufficient to show that the value of the land has been depreciated by the zoning code provision, or that a variance would permit the owner to maintain a more profitable use.
UNNECESSARY HARDSHIP:
The applicant establishes an unnecessary hardship by demonstrating all of the following elements are met:
   a.   The land in question cannot yield a reasonable return if used only as allowed in that zone.
   b.   The plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood.
   c.   The proposed variance will not alter the essential character of the locality.
 
   C.   Use Variance Prohibited: Under no circumstance may the Board grant a variance that would allow a land use, other than those specifically allowed in the zoning district in which the subject property is located.
   D.   Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence.
   E.   Precedents: The granting of a variance is not grounds for granting other variances for the same or differing properties. (Ord. 10-4414, 11-16-2010; amd. Ord. 22-4882, 6-21-2022)
14-4B-3: SPECIAL EXCEPTIONS:
The Board of Adjustment is empowered to grant special exceptions to the provisions of this title in certain circumstances specifically enumerated within this title. To ensure that the spirit of this title is observed and substantial justice done, no special exception shall be granted by the Board unless the applicant demonstrates that all of the following general approval criteria are met in addition to any specific approval criteria for the proposed exception listed in section 14-4B-4 of this article or elsewhere in this title. The procedures for obtaining a special exception are set forth in chapter 8, article C, "Board Of Adjustment Approval Procedures", of this title.
   A.   Approval Criteria: In order to grant a special exception, the Board must find that the applicant meets the specific approval criteria set forth in this title with respect to the specific proposed exception. The Board must also find that the applicant meets the following general approval criteria or that the following criteria do not apply:
      1.   The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare.
      2.   The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood.
      3.   Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located.
      4.   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
      5.   Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets.
      6.   Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located.
      7.   The proposed exception will be consistent with the Comprehensive Plan of the City, as amended.
   B.   Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence.
   C.   Precedents: The granting of a special exception is not grounds for granting other special exceptions for the same or differing properties. (Ord. 05-4186, 12-15-2005)
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