The following uses are listed as provisional uses or special exceptions in one or more of the base zones, unless specifically exempted or superseded by more specific provisions of this title. Provisional uses are permitted, subject to the additional requirements contained in this article. A use listed as a special exception in a base zone is permitted only after approval from the board of adjustment, subject to the approval criteria contained in this section and to the general special exception approval criteria contained in section 14-4B-3 of this article. In addition to the approval criteria listed in this article, all provisional uses and special exceptions are required to meet the regulations of the base zone in which they are located and all other applicable regulations of this title. If a regulation in another part of this title conflicts with a regulation contained in this article, the regulation that is more specific to the situation applies. When regulations are equally specific or when it is unclear which regulation to apply, the more restrictive regulation applies.
A. Residential Uses:
1. Detached Single-Family Dwellings In ID Zones:
a. Detached single-family dwellings associated with an agricultural use of the property are allowed in any ID zone, provided the dwelling is developed in accordance with the minimum dimensional standards specified for detached single-family dwellings in the RR-1 zone. Only one principal dwelling is permitted per lot.
b. In an ID-RS zone, detached single-family dwellings not associated with an agricultural use are allowed on minimum lot areas of five (5) acres according to the dimensional requirements otherwise specified for the ID zones. Only one principal dwelling is permitted per lot.
2. Attached Single-Family Dwellings:
a. Number Of Units:
(1) Only one principal dwelling unit is permitted per lot.
(2) In RS-5 and RS-8 zones: A maximum of two (2) dwelling units may be attached unless approved through a planned development overlay rezoning.
(3) In all other zones: A maximum of six (6) dwellings units may be attached unless approved through a planned development overlay rezoning.
b. Setbacks:
(1) Interior Lots: The side setbacks for the attached dwellings may be reduced to zero along the common wall side of the units. Each end unit in a row of attached single-family dwellings shall have one side setback that is a minimum of ten feet (10'), unless the end unit is on a corner lot.
(2) Corner Lots: Either the rear setback or nonstreet side setback may be reduced to zero feet (0'). The remaining nonstreet setback must be at least ten feet (10') if it is a side setback and twenty feet (20') if it is a rear setback. (See figure 4B.2 below.)
c. Entrances:
(1) Each dwelling unit must have a separate main entrance that faces the street, is at an angle of up to forty five degrees (45°) from the street, or opens onto a porch. The main entrance may not face an alley.
(2) Each dwelling must have a paved connection between the main pedestrian entrance and the public sidewalk or the fronting street in cases where a sidewalk is not provided.
(3) If parking is located at the rear of a dwelling, a second entrance to the dwelling must be provided within twenty feet (20') of the rear facade of the dwelling on either the rear or side facade of the dwelling.
d. Design Features:
(1) All windows, doors, and roof eaves, including roof eaves on porches, must be demarcated with trim. The city may waive this requirement in cases where the building has an exterior material of stucco or masonry such that trim is impractical or inappropriate to the design of the building.
(2) All roof eaves must project at least twelve inches (12") from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along any building wall that faces a street-side lot line.
(4) If four (4) or more dwelling units are attached, the units must be articulated by at least one of the following means in order to prevent monotony, but the units should be consistent in architectural style and proportion. Figure 4B.3, located at the end of this subsection A3d, provides some examples of acceptable building articulation. However, other designs meeting the standards listed below are acceptable.
(A) Construct front and side elevations of the building of at least fifty percent (50%) brick, stone, or other masonry product. For the purpose of this provision, masonry shall not include concrete block or poured concrete materials, except when rusticated concrete block or decorative concrete is used as a base or exposed foundation material.
(B) Construct front and side elevations of the end units of one hundred percent (100%) brick, stone, or other masonry product. For the purpose of this provision, masonry shall not include concrete block or poured concrete materials, except when rusticated concrete block or decorative concrete is used as a base or exposed foundation material.
(C) Distinguish each unit architecturally through a change in the roofline and a jog in the street-facing wall plane. The jog must be at least eighteen inches (18") deep and a minimum of eight feet (8') wide; the change in the roofline must be in concert with the jog in the wall plane, which may be accomplished by the addition of a gable, hip or similar roof that is perpendicular to the primary roof.
e. Garages:
(1) In the RS-5 and RS-8 zones, there may be no more than one doublewide or two singlewide garage openings facing any street unless the parking is set back at least fifteen feet (15') from the front of the building façade. For the purposes of this section, a porch is considered part of the building façade. Doublewide openings may not exceed twenty feet (20') in width; singlewide openings may not exceed ten (10') in width.
(2) The length of any garage wall that faces a street-side lot line may not exceed sixty percent (60%) of the total length of the building façade that faces the same street-side lot line. On corner lots, only the garage wall(s) containing a garage door must meet this standard.
f. Vehicular Access:
(1) Vehicular access points and garage entrances must comply with the provisions of article 5, article C, “Access Management Standards”, of this title and the single-family site development standards as set forth in chapter 2, article A of this title. Attached single-family dwellings located in the MU zone are also subject to the standards of subsection 14-2C-9N, “Single- Family And Two-Family Uses In MU Zone”, of this title.
(2) If the lot width is less than forty five feet (45'), vehicular access is restricted to an alley or private rear lane. Corner lots are exempt from this standard if vehicular access faces a lot line that is at least forty five feet (45') in length.
(3) Where a private rear lane or public alley is present, garage entrances/exits must be accessed from said private rear lane or public alley.
g. Utilities: Each dwelling unit must have a separate utility service from the street or rear lot line.
h. Maintenance: A permanent access and maintenance easement must be secured from the owner of the lot that abuts the zero lot line side of the dwelling. The easement must ensure access for maintenance of the exterior portion of the building wall located on the lot line and other common elements, such as drives and aisles. This easement must be recorded as a covenant on the applicable lots. Proof of such recording must be submitted prior to issuance of a building or occupancy permit.
3. Multi-Family Uses In The RS-12 Zone:
a. Number Of Units: No more than six (6) principal dwelling units may be located on a lot in an RS-12 zone unless approved through a planned development overlay rezoning.
b. Principal dwelling units must be arranged as a townhouse-style multi-family building such that each unit has frontage on the same street.
c. Principal dwelling units may not be stacked where one unit is located above or below another.
d. Entrances:
(1) Each principal dwelling unit must have a separate main entrance that faces the street, is at an angle of up to forty five degrees (45°) from the street, or opens onto a porch. The main entrance may not face an alley.
(2) Each principal dwelling must have a paved connection between the main pedestrian entrance and the public sidewalk or the fronting street in cases where a sidewalk is not provided.
(3) A second entrance to the dwelling must be provided within twenty feet (20') of the rear facade of each dwelling on either the rear or side facade of the dwelling.
e. Design Features And Vehicular Access: The multi-family use must meet all requirements in Section 14-2B-6 "Multi-Family Site Development Standards".
4. Detached Zero Lot Line Dwellings:
a. Procedure: Any restrictions or easements required in subsections A4b through A4e of this section must be recorded as a covenant on the applicable lots. Proof of such recording must be submitted prior to issuance of a building or occupancy permit.
b. Setbacks: The side setback on one side of the dwelling may be reduced to zero. The other side setback must be at least ten feet (10'). A restriction must be recorded on the deed of each applicable lot to ensure that these setbacks are retained in perpetuity. A zero side lot line is not permitted for a side lot line that is also a street lot line or for side setbacks adjacent to lots that are not part of the zero lot line project. (See figure 4B.4 below.)
c. Vehicular Access: Vehicular access points and garage entrances must comply with the provisions of chapter 5, article C, "Access Management Standards", of this title and the single-family site development standards as set forth in chapter 2, article A of this title. In the MU zone, more restrictive standards apply. (See subsection 14-2C-9N of this title.)
d. Maintenance: A permanent access and maintenance easement shall be secured from the owner of the lot that abuts the zero lot line side of the dwelling. The easement must ensure access for maintenance of the exterior portion of the building wall located on the lot line and other common elements, such as drives and aisles.
e. Privacy: On the zero lot line side of the dwelling, windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Clerestory windows or translucent windows that do not allow visibility into the side yard of the adjacent lot are allowed.
5. Two-Family Uses
a. Central Planning District: Two-family uses located in the central planning district must comply with the provisions of subsection 14-2B-6I, "Additional Standards In Central Planning District", of this title, which will be administered through the design review process as set forth in chapter 8, article B, "Administrative Approval Procedures", of this title.
b. Entrances:
(1) The main entrance(s) must be visible from and oriented towards the street. To meet this standard, the main entrance must face the street, be at an angle of up to forty five degrees (45°) from the street, or open onto a porch. The main entrance(s) may not face an alley or private rear lane.
(2) The duplex must have a paved connection between the main pedestrian entrance(s) and the public sidewalk or the fronting street in cases where a sidewalk is not provided.
(3) If parking is located at the rear of a dwelling, a second entrance to the dwelling must be provided within twenty feet (20') of the rear facade of the dwelling on either the rear or side facade of the dwelling.
d. Design Features:
(1) All windows, doors, and roof eaves, including roof eaves on porches, must be demarcated with trim. The city may waive this requirement in cases where the building has an exterior material of stucco or masonry such that trim is impractical or inappropriate to the design of the building.
(2) All roof eaves must project at least twelve inches (12") from the building wall.
(3) Exposed, unpainted or unstained lumber may not be used along any building wall that faces a street-side lot line.
e. Garages:
(1) In the RS-5 and RS-8 zones, there may be no more than one doublewide or two singlewide garage openings facing any street unless the parking is set back at least fifteen feet (15') from the front of the building façade. For the purposes of this section, a porch is considered part of the building façade. Doublewide openings may not exceed twenty feet (20') in width; singlewide openings may not exceed ten (10') in width.
(2) The length of any garage wall that faces a street-side lot line may not exceed sixty percent (60%) of the total length of the building facade that faces the same street-side lot line. On corner lots, only the garage wall(s) containing a garage door must meet this standard. In the MU zone, garages are exempt from this standard, but are subject to the standards of subsection 14-2C-9N, "Single-Family Uses And Two-Family Uses In MU Zone", of this title.
f. Vehicular Access:
(1) Vehicular access points and garage entrances must comply with the provisions of chapter 5, article C, "Access Management Standards", of this title and the single-family site development standards as set forth in chapter 2, article A of this title. Two-family uses located in the MU zone are also subject to the standards of subsection 14-2C-9N, "Single-Family And Two-Family Uses In MU Zone", of this title.
(2) If the lot width is less than eighty feet (80'), vehicular access is restricted to an alley or private rear lane. Corner lots and double frontage lots are exempt from this standard if the vehicular access for one of the dwelling units is located along a different street than the vehicular access of the other dwelling unit, or if vehicular access for both dwelling units is located along a street where the front setback line is at least eighty feet (80') in length. (See definitions of "lot width" and "setback line, front" in section 14-9A-1 of this title.)
(3) Where a private rear lane or public alley is present, garage entrances/exits must be accessed from said private rear lane or public alley.
6. Group Households: Group households are permitted within any housing type allowed in the base zone, provided the following conditions are met:
a. The proposed use must meet the definition of "elder group home", "elder family home", "parental group home", or "family care home".
b. The proposed use must comply with all the approval criteria and base zone standards for the housing type within which the group household is located. For example, a group household located within a two-family use in the RS-8 zone must comply with the conditions listed in subsection A5 of this section.
c. All the individuals residing in the proposed use must live as one household or family. The dwelling may not contain separate apartments.
d. The owner of the dwelling within which the group household is located must obtain a rental permit from the city.
7. Multi-Family Uses In Commercial Zones
a. Location: The proposed dwelling units must be located above the street level floor of a building, except as provided in subsections A7e and A7f of this section.
b. Maximum Density: The residential density standards for multi- family uses in commercial zones are stated in section 14-2C-4, "Dimensional Requirements", table 2C-2(c) of this title.
c. Residential Entrances:
(1) To provide safe access for residents, any building containing a residential use must have at least one door that provides pedestrian access to the dwelling units within the building. Said entrance must be located on an exterior building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley.
(2) Access to entrance doors of any individual dwelling units located above the ground level floor of a building must be provided from an enclosed lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways are prohibited. However, the city may allow exterior fire egress structures on existing buildings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street.
(3) To facilitate commercial uses at the street level, the ground level floor height should be no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza. The City may adjust this requirement for sloping building sites, for multi-family buildings with no commercial component, or for existing buildings. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than three feet (3') above the level of the abutting public sidewalk or pedestrian plaza at any point along a street-facing building facade.
d. Standards For Ground Level Floor Of Building:
(1) The floor to ceiling height must be at least fourteen feet (14'), except it may be reduced for existing buildings or where dwelling units are permitted on the ground level floor of the building.
(2) Construction must meet the building code specifications for commercial uses, except where dwelling units are permitted on the ground level floor of the building.
(3) In the CB-10 zone, for the first two (2) floors of a building, construction must meet the building code specifications for commercial uses.
e. Ground Floor Residential Exception: The board of adjustment may grant a special exception for multi-family dwellings to be located on or below the ground level floor of a building, provided that the following criteria are met:
(1) Where the proposed dwelling will be located in an existing building in a Historic District Overlay (OHD) zone a rehabilitation plan for the property must be reviewed and approved by the Iowa City historic preservation commission. The rehabilitation of the property must be completed according to this plan before an occupancy permit is granted.
(2) The proposed dwellings will not significantly alter the overall commercial character of the subject zone.
(3) If an existing building located in a Historic District Overlay (OHD) zone includes three (3) or more of the following commercial storefront characteristics, dwellings are prohibited on or below the street level floor of that building:
(A) The main entrance to the building is at or near grade;
(B) The front facade of the building is located within ten feet (10') of the front property line;
(C) The front facade of the building contains ground floor storefront or display windows; and
f. CB-5 Form Based Code Exception: For properties zoned CB-5 located within the area bounded by Gilbert Street, Van Buren Street, Burlington Street and the midblock alley south of Jefferson Street, residential uses are allowed on the ground level floor of buildings, provided the following conditions are met:
(1) In lieu of the standards in subsections A7c and A7d of this section, the proposed ground level dwelling units must be located within one of the following building types, as described in the form based zoning standards in section 14-2G-5, "Building Type Standards", of this title:
(A) Apartment building;
(B) Multi-dwelling building;
(C) Liner building;
(D) Townhouse.
(2) Building frontage(s) must be designed to meet the requirements of section 14-2G-4, "Frontage Type Standards", of this title, as applicable for the chosen building type.
(3) In lieu of the dimensional requirements and central business site development standards that generally apply in the CB-5 zone, buildings must comply with the same zoning standards that apply in the south Gilbert subdistrict of riverfront crossings as set forth in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this title, including all general requirements in section 14-2G-7 of this title. If the ground level dwelling units are proposed as an integral part of a larger project on the same property that includes a mix of building types, the standards that apply in the south Gilbert subdistrict shall apply to the entire project in lieu of the dimensional requirements and central business site development standards of the CB-5 zone.
(4) Buildings are subject to design review. Minor adjustments may be allowed by the design review committee as warranted according to the provisions of subsection 14-2G-7H of this title.
8. Assisted Group Living:
a. Maximum Density: Maximum density within an assisted group living use is as follows. For purposes of calculating maximum density, staff and live-in staff of a facility are not considered roomers.
(1) In the RM-12 zone: One roomer per seven hundred fifty (750) square feet of lot area.
(2) In the RM-20, RNS-20, CN-1, CC-2, and MU zones: One roomer per five hundred fifty (550) square feet of lot area.
(3) In the RM-44, PRM, CO-1, CB-2, CB-5, and CB-10 zones: One roomer per three hundred (300) square feet of lot area.
b. Facilities: The group living use must have bath and toilet facilities available for use by roomers in such numbers as specified in title 17, "Building And Housing", of this code. In addition, the occupants may have access to a communal kitchen, dining room, and other common facilities and services.
9. Independent Group Living: The maximum density and maximum occupancy standards for an independent group living use are as follows. Both density and occupancy limitations apply in all cases.
a. Maximum Density:
(1) In the RM-20 zone: One roomer per nine hundred (900) square feet of lot area.
(2) In the RM-44 and PRM zones: One roomer per five hundred (500) square feet of lot area.
b. Maximum Occupancy: One roomer per three hundred (300) square feet of floor area within the independent group living use.
c. Facilities: The group living use must have bath and toilet facilities available for use by roomers in such numbers as specified in title 17, "Building And Housing", of this code. In addition, the occupants shall have access to kitchen facilities, a dining room, and other shared living spaces and common facilities related to the use.
d. Additional Approval Criteria For Special Exceptions: The proposed use must be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use such as the location, site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping and amount of paved areas to ensure that the proposed use is compatible with other residential uses in the neighborhood. The board may prohibit certain aspects of a use or impose conditions or restrictions to ensure compatibility. These conditions or restrictions may include, but are not limited to, additional screening, landscaping, pedestrian facilities; setbacks; location and design of parking facilities; location and design of buildings; establishment of a facilities management plan.
10. Fraternal Group Living: The maximum density and maximum occupancy standards for a fraternal group living use are as follows. Both density and occupancy limitations apply in all cases.
a. Maximum Density:
(1) In the RM-20 and RNS-20 zones: One roomer per nine hundred (900) square feet of lot area.
(2) In the RM-44 and PRM zones: One roomer per three hundred (300) square feet of lot area.
b. Maximum Occupancy: One roomer per three hundred (300) square feet of floor area within the fraternal group living use.
c. Facilities: The group living use must have bath and toilet facilities available for use by roomers in such numbers as specified in title 17, "Building And Housing", of this code. In addition, the occupants shall have access to kitchen facilities, a dining room, and other shared living spaces and common facilities related to the use.
d. Additional Approval Criteria For Special Exceptions: The proposed use must be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the location, site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping and amount of paved areas to ensure that the proposed use is compatible with other residential uses in the neighborhood. The board may prohibit certain aspects of a use or impose conditions or restrictions to mitigate any incompatibilities. These conditions or restrictions may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, location and design of buildings, establishment of a facilities management plan, and similar.
B. Commercial Uses:
1. Adult Business Uses:
a. The proposed use will be located at least one thousand feet (1,000') from any property containing an existing daycare use, educational facility use, parks and open space use, religious/private assembly use, or residential use.
b. The proposed use will be located at least one thousand feet (1,000') from any single-family or multi-family residential zone.
c. The proposed use will be located at least five hundred feet (500') from any other adult business use.
2. General Animal Related Commercial In CN-1, CH-1, CO-1, CC-2, CB-2, And CB-5 Zones:
a. In the CN-1, CO-1, CC-2, CB-2, and CB-5 zones all aspects of the operation of the facility, including any accessory uses, must be conducted completely indoors within a soundproof building.
b. In the CH-1 zone, all aspects of the operation of the facility must be conducted completely indoors within a soundproof building with the exception of private outdoor animal recreation uses, which are only allowed as an accessory use by special exception provided that the following criteria are met:
(1) Private outdoor animal recreation areas must be located at least four hundred feet (400') from any residential zone.
(2) No private outdoor animal recreational uses are allowed overnight.
(3) All private outdoor animal recreation areas must have secure fencing in place so that animals cannot escape.
(4) Animals shall not be permitted in a private outdoor animal recreation area unless a handler is present.
(5) Where private outdoor animal recreation facilities are accessed by the public, a double-entry gate is required.
(6) All private outdoor animal recreation areas must be kept in a clean, dry, and sanitary condition.
(7) Private outdoor animal recreation areas shall be located in an interior side or rear yard and screened from any right-of-way or adjacent residential zone by at least the S2 screening standard.
3. General And Intensive Animal Related Commercial In ID, RR-1 And CI-1 Zones:
a. In the ID zones and the RR-1 zone, any outdoor facilities, including unenclosed stable areas, outdoor dog runs and animal exercise areas must be set back at least one hundred feet (100') from any lot line. Overnight boarding facilities must be located completely indoors within a soundproof building. If all aspects of the operation, including any accessory uses, are conducted completely indoors within a soundproof building, then the setback requirements of this provision do not apply. However, the use is subject to any setback requirements of the base zone.
b. In the CI-1 zone, any facility with outdoor runs or exercise areas must be located at least four hundred feet (400') from any residential zone. Overnight boarding facilities must be located completely indoors within a soundproof building. If all aspects of the operation, including any accessory uses, are conducted completely indoors within a soundproof building, then the setback requirements of this provision do not apply. However, the use is subject to any setback requirements of the base zone.
4. Building Trade Uses In The CC-2 Zone:
a. All aspects of the operation must be conducted indoors; and
b. Except for fleet vehicle parking, outdoor storage of materials or equipment is not allowed.
5. Outdoor Commercial Recreational Uses In ID Zones And CC-2 Zone:
a. The proposed use will be designed and developed with adequate separation between outdoor activity areas and surrounding properties. Outdoor activity areas must be set back and separated from other uses or surrounding properties by distance, landscaping and/or screening as deemed appropriate for the intensity of the use.
b. The proposed use will be in compliance with title 6, chapter 4, "Noise Control", of this code. If the proposed use is located within four hundred feet (400') of a residential zone, the proposed use may not use sound amplifying equipment as a regular part of its operation.
c. The proposed hours of operation will be similar to or complementary to other uses in the area based on the projected intensity of the use, the specific characteristics of the locale, and the existing and future uses intended for the area according to the comprehensive plan.
6. Indoor Commercial Recreational Uses In CO-1 Zone: Indoor commercial recreational uses are limited to five thousand (5,000) square feet of gross floor area. The maximum size may be increased by special exception; provided, that the following criteria are met:
a. The increased floor area will be supportable primarily by employees of the surrounding businesses and by nearby residents.
b. The proposed use will be designed to be of similar scale and character to surrounding businesses and residences.
c. The proposed exception will be consistent with the stated intent of the CO-1 zone.
7. Indoor Commercial Recreational Uses In CN-1 Zone: Indoor commercial recreational uses are limited to five thousand (5,000) square feet of gross floor area.
8. Indoor Commercial Recreational Uses In RDP And ORP Zones:
a. The proposed use will primarily serve employees of the firms located within the subject RDP or ORP zone.
b. The proposed use will not significantly alter the overall character of the research park zone and will not inhibit future development of office, light industrial, and research firms for which the zone is primarily intended.
c. The proposed use will be compatible with surrounding uses with regard to building design, site design, traffic circulation, and signage.
9. Commercial Parking In CB-2, CB-5 And CB-10 Zones: Commercial parking is limited to parking facilities owned and operated by the municipal government.
10. Eating And Drinking Establishments In CN-1, MU, And CO-1 Zones:
a. The occupancy load for any one establishment will not exceed one hundred (100), except as allowed in subsection B10c of this section.
b. Drive-through windows and drive-through lanes are prohibited.
c. In the CN-1 zone, the maximum occupancy load may be increased to one hundred twenty five (125) by special exception; provided, that the following criteria are met:
(1) The increased floor area will be supportable primarily by residents of the surrounding area.
(2) The proposed exception will result in a more attractive neighborhood commercial development due to the presence of outdoor eating areas that enhance the pedestrian orientation of the development, additional parking lot landscaping, additional vegetative buffers, or other site improvements.
(3) The proposed exception will be consistent with the stated intent of the CN-1 zone.
d. Drinking establishments are not allowed in the MU and CO-1 zones.
e. In any CN-1 zone within the university impact area, as illustrated in section 14-2B-6, map 2B.1 of this title, or the riverfront crossings district, as illustrated in section 14-2C-11, figure 2C.8 of this title, a "drinking establishment", as defined in this title, must be separated by a minimum distance of five hundred feet (500') from any other drinking establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other drinking establishment. For example, in the case of a drinking establishment that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a drinking establishment to the nearest property line or leased building space of any other drinking establishment.
11. Drinking Establishments In The CH-1, CI-1, CC-2, CB-2, CB-5, And CB-10 Zones: Within the university impact area, as illustrated in section 14-2B-6, map 2B.1 of this title, or the riverfront crossings district, as illustrated in section 14-2C-11, figure 2C.8 of this title, a "drinking establishment", as defined in this title, must be separated by a minimum distance of five hundred feet (500') from any other drinking establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other drinking establishment. For example, in the case of a drinking establishment that is located on a lot with multiple leased building spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a drinking establishment to the nearest property line or leased building space of any other drinking establishment.
12. Quick Vehicle Servicing:
a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes, must be screened from the public right of way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a residential zone boundary. (See chapter 5, article F, "Screening And Buffering Standards", of this title.)
b. Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abutting streets.
c. Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary.
d. All lighting must comply with the provisions of chapter 5, article G, "Outdoor Lighting Standards", of this title.
e. In the CN-1, CB-2, and CB-5 zones, the proposed use will be designed and developed with adequate separation and screening between vehicular use areas and adjacent residential zones.
f. In the CN-1, CB-2, and CB-5 zones, car washes may contain no more than one bay and are permitted only if built in conjunction with another quick vehicle servicing use. The car wash must be located adjacent to and on the same property as the other quick vehicle servicing use and must be set back an adequate distance and screened to the S3 standard along any side or rear lot line that abuts a residential zone boundary.
g. In the CN-1 zone, no light source on the property, except for internally lit signs, shall be higher than fifteen feet (15') above finished grade.
h. For properties located in the towncrest design review district, quick vehicle servicing uses are only allowed by special exception and must comply with the central business site development standards, as they would be applied to a property in the CB-5 zone, except as otherwise allowed by subsection B12j of this section.
i. For properties located in the riverfront crossings district and eastside mixed use district, quick vehicle servicing uses are only allowed by special exception in certain locations and must comply with the standards set forth in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this title.
j. For properties located in the CB-2 zone, CB-5 zone, riverfront crossings district, eastside mixed use district, or towncrest design review district, where it can be demonstrated that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in subsections B12h and B12i of this section, the board of adjustment may grant a special exception to modify or waive the provision, provided that the intent of the development standards is not unduly compromised. The board of adjustment may impose any condition or conditions that are warranted to mitigate the effects of any variation from these development standards.
13. Office Uses In CN-1 Zone: Each office use is limited to five thousand (5,000) square feet of gross floor area. Of this five thousand (5,000) square feet, no more than two thousand four hundred (2,400) square feet may be located on the ground floor of a building.
14. Personal Service Oriented Retail In PRM Zone:
a. The proposed use is limited to two thousand four hundred (2,400) square feet of gross floor area.
b. The proposed use will be supportable primarily by residents of the surrounding area.
c. The proposed use will not be contrary to the intent of the PRM zone.
d. Crematoriums, if proposed as a principal use, are not permitted in this zone. Crematoriums are allowed if they are accessory to a funeral home and meet all other provisions of this subsection B14.
15. Sales Oriented, Personal Service Oriented, And Alcohol Sales Oriented Retail Uses In The CN-1 Zone:
a. Each such use is limited to two thousand four hundred (2,400) square feet of gross floor area, except as follows:
(1) Drugstores and hardware stores may contain up to fifteen thousand (15,000) square feet of gross floor area.
(2) Grocery stores, including sales of specialty food items, such as bakery and delicatessen goods, may contain up to thirty thousand (30,000) square feet of gross floor area. Grocery stores that include other departments for goods and services allowed in the CN-1 zone may contain up to forty thousand (40,000) square feet of gross floor area; provided, that any floor area that exceeds thirty thousand (30,000) square feet is departmentalized for nonfood products and services.
(3) Except for the uses listed in subsections B15a(1) and B15a(2) of this section, the limit on floor area for any one use may be increased from two thousand four hundred (2,400) square feet up to five thousand (5,000) square feet by special exception; provided, that the following criteria are met:
(A) The increased floor area will be supportable primarily by residents of the surrounding area.
(B) The proposed exception will be consistent with the stated intent of the CN-1 zone.
b. Crematoriums, if proposed as a principal use, are not permitted in this zone. Crematoriums are allowed if they are accessory to a funeral home and meet all other provisions of this subsection B15.
16. Sales Oriented, Personal Service Oriented, And Alcohol Sales Oriented Retail Uses In The MU Zone:
a. Any such use is limited to two thousand four hundred (2,400) square feet of gross floor area.
b. The limit on floor area for any one use may be increased from two thousand four hundred (2,400) square feet up to five thousand (5,000) square feet by special exception; provided, that the following criteria are met:
(1) The increased floor area will be supportable primarily by residents of the surrounding area.
(2) The proposed exception will be consistent with the stated intent of the MU zone.
c. Crematoriums, if proposed as a principal use, are not permitted in this zone. Crematoriums are allowed if they are accessory to a funeral home and meet all other provisions of this subsection B16.
17. Sales Oriented, And Alcohol Sales Oriented Retail In The CH-1 Zone: Sales oriented and alcohol sales oriented retail uses are limited to convenience stores associated with quick vehicle servicing uses.
18. Hospitality Oriented Retail In The RM-44, PRM, MU, CO-1, And CN-1 Zones:
a. Hospitality oriented retail is limited to "guesthouses" as defined in chapter 9, article A, "General Definitions", of this title.
b. Any accessory dining and/or bar service is limited to guests only and may not be open to the general public.
19. Hospitality Oriented Retail In RDP And ORP Zones:
a. The proposed use will be located on a lot along the periphery of the ORP or RDP zone such that traffic to and from the proposed use will not adversely affect the office, light industrial, and research firms for which the zone is primarily intended.
b. The proposed use will not significantly alter the overall character of the research park zone and will not inhibit future development of office, light industrial, and research firms for which the zone is primarily intended.
c. The proposed use will be compatible with surrounding uses with regard to building design, site design, traffic circulation, and signage.
20. Outdoor Storage And Display Oriented Retail In CC-2 Zone:
a. Outdoor storage of materials must be concealed from public view to the extent possible. If it is not feasible to conceal the storage areas behind buildings, the storage areas must be set back at least twenty feet (20') from any public right of way, including public trails and open space, and screened from view to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) If a fence is built around the storage area, the required screening must be located between the fence and the public right of way.
b. All outdoor storage areas that are located along a side or rear lot line that does not abut a public right of way must be set back at least ten feet (10') from said lot line and screened from view of the adjacent property to at least the S3 standard. If a fence is built around the storage area, the required screening must be located between the fence and the adjacent property.
c. The landscape screening requirement for outdoor storage areas may be waived by the building official upon presentation of convincing evidence that a planting screen cannot be expected to thrive because of intense shade, soil conditions, or other site characteristics. The presence of existing pavement, by itself, shall not constitute convincing evidence. If the landscape screening requirement is waived by the building official, a fence built to the S5 standard must be substituted for the landscape screening.
d. Outdoor display of merchandise for immediate sale must be set back at least ten feet (10') from public rights of way and landscaped to at least the S1 standard.
e. Any outdoor display area located along a side or rear lot line that does not abut a public right of way must be set back at least ten feet (10') from said lot line and screened to at least the S2 standard. If the display area is adjacent to a residential zone boundary, it has to be screened to the S3 standard.
f. The landscape screening requirement for outdoor display may be waived by the building official upon presentation of convincing evidence that a planting screen cannot be expected to thrive because of intense shade, soil conditions, or other site characteristics. The presence of existing pavement, by itself, shall not constitute convincing evidence.
21. Vehicle Repair In CC-2, CI-1, CH-1, And CB-2 Zones:
a. The property containing the vehicle repair use must be located at least one hundred feet (100') from any residential zone boundary, except in the CB-2 and CI-1 zones. In the CB-2 zone, the property containing the vehicle repair use must be located at least seventy feet (70') from any residential zone boundary. In the CI-1 zone, if a vehicle repair use is located on a property that abuts a residential zone boundary, the use must comply with the following additional standard:
(1) In addition to the applicable noise control provisions set forth in section 6-4-2 of this code, all outdoor work operations are prohibited between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. Any indoor operations that result in noise exceeding sixty (60) dBA as measured at the residential zone boundary are prohibited between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
b. No vehicle shall be stored on the property for more than forty five (45) continuous days.
c. The site must be designed to minimize views of vehicular use areas from the public right-of-way and from adjacent properties.
(1) Outdoor storage areas, including storage of vehicles to be repaired, must be concealed from public view to the extent possible. If it is not feasible to conceal the storage areas behind buildings, the storage areas must be set back at least twenty feet (20') from any public right-of-way, including public trails and open space, and screened from public view to at least the S3 standard.
(2) Other vehicular use areas that abut the public right-of-way, including parking and stacking spaces, driveways, aisles, and service lanes, must be set back at least ten feet (10') from the public right-of-way and landscaped according to the S2 standard.
(3) All outdoor storage areas that abut other properties must be fenced to the S5 standard and screened to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) Landscape screening must be located between the fence and the abutting property. The landscape screening requirement may be waived by the Board of Adjustment (in the case of a special exception) or by the building official, upon presentation of convincing evidence that a planting screen cannot be expected to thrive because of intense shade, soil conditions, or other site characteristics. The presence of existing pavement, by itself, shall not constitute convincing evidence.
22. Delayed Deposit Service Uses In The CC-2 Zone:
a. The use is licensed by the State of Iowa; and
b. The use will be located at least one thousand feet (1,000') from any property containing any existing daycare use, educational facility use, parks and open space use, religious/private assembly use, or residential use;
c. The proposed use will be located at least one thousand feet (1,000') from any other delayed deposit service use.
23. Alcohol Sales Oriented Retail Uses In The CB-2, CB-5, And CB-10 Zones: An alcohol sales oriented retail use must be separated by a minimum distance of one thousand feet (1,000') from any other alcohol sales oriented retail use. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other alcohol sales oriented retail use. For example, in the case of an alcohol sales oriented retail use that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by an alcohol sales oriented retail use to the nearest property line or leased building space of any other alcohol sales oriented retail use.
C. Industrial Uses:
1. Technical/Light Manufacturing And General Manufacturing In CC-2, CB-2, CB-5, And CB-10 Zones:
a. The proposed use is limited to a "cottage industry" as defined in chapter 9, article A, "General Definitions", of this title.
b. The proposed use is limited to five thousand (5,000) square feet of gross floor area, excluding floor area devoted to other principal or accessory uses, except as provided in subsection C1e of this section.
c. The proposed use meets the performance standards for off site impacts contained in chapter 5, article H, "Performance Standards", of this title. The City may require certification of compliance from a registered professional engineer or other qualified person.
d. The following general manufacturing uses are prohibited:
(1) The manufacturing of chemicals and allied products.
(2) Any manufacturing establishment that includes milling or processing of grain.
(3) Leather tanning.
(4) Manufacturing of motor vehicles.
(5) Manufacture or processing of rubber or plastics.
(6) Textile mills.
e. The limit on floor area for a proposed use may be increased from five thousand (5,000) square feet up to fifteen thousand (15,000) square feet by special exception.
2. Technical/Light Manufacturing And General Manufacturing In CI-1 Zone:
a. The proposed use is limited to five thousand (5,000) square feet of gross floor area, excluding floor area devoted to other principal or accessory uses, except as provided in subsection C2d of this section.
b. The proposed use meets the performance standards for off site impacts contained in chapter 5, article H, "Performance Standards", of this title. The city may require certification of compliance from a registered professional engineer or other qualified person.
c. The following general manufacturing uses are prohibited in the CI-1 zone:
(1) The manufacturing of chemicals and allied products.
(2) Any manufacturing establishment that includes milling or processing of grain.
(3) Leather tanning.
(4) Manufacture of motor vehicles.
(5) Manufacture or processing of rubber and plastics.
(6) Textile mills.
d. The limit on floor area for a proposed use may be increased from five thousand (5,000) square feet up to fifteen thousand (15,000) square feet by special exception.
3. General Manufacturing In I-1 Zone: Any manufacturing establishment that includes milling or processing of grain must comply with the following standards:
a. All manufacturing, processing, storage, and packaging must be conducted within completely enclosed buildings.
b. All transferring of raw materials and finished products must be conducted within completely enclosed buildings, by pneumatic tubes, or by sealed containers.
c. Prior to issuance of a certificate of occupancy, the grain milling and processing operation must submit documentation demonstrating that the Iowa department of natural resources (IDNR) or its successor has approved the application and permit to install or alter equipment or control equipment if the IDNR or its successor requires such a permit.
4. Heavy Manufacturing In CI-1 And I-1 Zones: Heavy manufacturing uses in the CI-1 and I-1 zones are limited to concrete batch/mix plants. Concrete batch/mix plants must meet the following standards:
a. The proposed use must be located at least five hundred feet (500') from any residentially zoned property.
b. All proposed outdoor storage and work areas must be located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties.
c. Traffic circulation and access points must be designed to prevent hazards to adjacent streets or property.
5. Salvage Operations:
a. The proposed use must be located at least one thousand feet (1,000') from any residentially zoned property.
b. All outdoor storage and work areas must be completely enclosed by a fence built to at least the S5 standard such that outdoor storage or salvage operations are not visible from adjacent properties, streets, or highways. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) Salvage materials may not be piled against the fence or piled higher than the height of the fence. In areas that are not visible from streets, other public rights of way, or the Iowa River, and where nearby uses will not be harmed, the board of adjustment may approve a semiopaque or open pattern fence in certain situations as described below:
(1) Where the view is or will be blocked by a significant change in grade or by natural or humanmade features, such that the screening is effectively provided or the intent of the standard is met; or
(2) Where the adjacent property is unlikely to be developed, is not visible to the public, and is unlikely to be harmed by an alternative fencing requirement; or
(3) Where the adjacent property is zoned industrial and the area on the adjacent property that abuts the fence is or is likely to be an outdoor work or storage area rather than a part of the property that would be highly visible to the public or to customers or clients of adjacent businesses.
c. For fire protection, a fifteen foot (15') wide, unobstructed firebreak, which completely surrounds the use, must be established and maintained.
d. The storage of rags, paper and similar combustible waste may not be stored closer than one hundred feet (100') from any property line unless enclosed in a masonry building of not less than four (4) hour, fire resistive construction.
6. Warehouse And Freight Movement In RDP And ORP Zones:
a. The proposed use must be associated with a technical/light manufacturing or office use allowed in the RDP or ORP zone.
b. Warehouse facilities may occupy up to sixty percent (60%) of the total gross floor area of the building or buildings on the site.
c. Warehouse and freight movement facilities may not be located between the building(s) that house the technical/light manufacturing or office use and any street right of way.
d. Outdoor storage of products or merchandise is not permitted. Outdoor work areas and loading areas must be screened from public view to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.)
7. Waste Related Uses In I-1 And I-2 Zones: Waste related uses are limited to recycling processing facilities. Recycling processing facilities must meet the following standards:
a. All unloading, processing, and storage of materials, including discarded, recyclable, or processed materials, must be conducted within completely enclosed buildings, except as follows:
(1) Outdoor storage is limited to those materials that are intended for reuse, remanufacture, or reconstitution, and not for final disposal in a landfill, by incineration, or by other means. If outdoor storage is proposed, a management plan to control the spread of litter and debris must be submitted and approved as a part of site plan review. The screening standards referenced in subsections C7a(2) through 7Ca(6) of this section are minimum standards and may be supplemented with additional walls, fencing, or landscaping to control the spread of litter and debris.
(2) Outdoor storage areas, including the storage of empty waste containers and collection vehicles, must be screened from view of adjacent commercially zoned properties to at least the S3 or S5 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) Outdoor storage areas within view of property in a residential zone or within public view, as defined in this title, must be screened from public view to at least the S3 standard.
(3) Paper products, cardboard, plastic, and other similar materials may not be stored outdoors unless they have been processed by baling, palletizing, or other means to control the spread of litter.
(4) Outdoor storage of unprocessed materials is limited to glass, metal, or other materials that are not easily dispersed by wind. If stored outdoors, these materials must be stored in containers or structures designed to control the spread of litter and debris.
(5) Collection containers for recyclable materials that are open to the public may be located outdoors; provided, that the containers are designed to control the spread of litter and debris. Any public collection area located within public view, as defined in this title, or within view of residentially zoned property must be screened to at least to the S3 standard.
(6) Outdoor storage of discarded tires or appliances is limited to one thousand five hundred (1,500) square feet of lot area. The storage area must be located and fenced according to the S5 standard such that it is not visible from any adjacent property or street. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) Materials may not be piled against the fence or higher than the height of the fence. Tires may not be stored closer than one hundred feet (100') to any property line. Mosquito abatement measures must be incorporated into the design of any outdoor storage area that contains tires.
b. In the I-1 zone, outdoor storage areas and public collection areas may not be located between any building and the street right of way. In cases where an outdoor storage area cannot physically be located anywhere but between a building and the street right of way, the city may approve the location if properly screened.
8. Wholesale Sales In RDP And ORP Zones: In the RDP and ORP zones, Wholesale sales is permitted, provided that the products sold are produced by an office or technical/light manufacturing use located on the same property.
9. Wholesale Sales In CC-2, CB-2, CB-5, And CB-10 Zones:
a. Wholesale sales (as a principal or accessory use) is allowed if in conjunction with a retail use or an eating and drinking establishment.
b. Any on site accessory storage or warehouse facilities must not exceed forty percent (40%) of the floor area of the principal uses on the property as stated in subsection 14-4C-2W, "Storage Buildings And Warehouse Facilities", of this title.
10. Self-Service Storage In CC-2 Zones:
a. All self-service storage units or areas shall be completely within conditioned space, as defined in the Building Code. No outdoor storage is allowed.
b. Self-service storage units shall not be individually accessible from the outside, and no more than two (2) garage or overhead doors shall provide access into the building. Said doors shall only be provided at the rear of the building.
c. A substantial portion of the front building facade must accommodate other allowable commercial uses. Self-service storage uses are not allowed within the first thirty feet (30') of the front building depth as measured from the overhang of the roof, except for the primary entrance to the self-service storage areas. This primary entrance shall not exceed thirty percent (30%) of the width of the self-service storage use’s building facade and may consist of a hallway, lobby, and/or retail storefront. Individual self-service storage units shall not be allowed within this primary entrance area.
d. Buildings containing self-service storage uses shall be considered a large retail use as it relates to the site development standards set forth in Section 14-2C-6K.
D. Institutional And Civic Uses:
1. Basic Utility Uses:
a. Basic Utility Uses Enclosed Within Buildings: Basic utility uses are permitted within a building, provided the use is completely enclosed, and there is no visible indication of the existence of the use from the exterior of the building.
b. Basic Utility Uses Not Enclosed Within A Building:
(1) In the ID-I, I-1 and I-2 zones, basic utility uses not enclosed within a building are permitted, provided the use is located at least two hundred feet (200') from any residential zone and is screened from view of public rights-of-way to at least the S3 standard. To ensure public safety, the City may also require that the use be enclosed by a fence. Basic utility uses that cannot meet the two hundred foot (200') separation requirement may apply for a special exception from the Board of Adjustment as described in subsection D(1)b(2) of this section.
(2) In all commercial zones, the RDP and ORP zones, and the P-1, ID-C and ID-RP zones, basic utility uses not enclosed within a building are permitted only by special exception. Proposed uses must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. The proposed use must be compatible with surrounding structures and uses with regard to safety, size, height, scale, location, and design, particularly for facilities that will be located close to or within view of a residential zone. For uses located in highly visible areas, the Board may consider additional design elements such as masonry or brick facades, and walls or fencing to improve public safety and to soften the visual impact of the proposed use. Water and sanitary sewer pumps or lift stations approved by the City as part of subdivision or site plan approval do not require special exception approval from the Board of Adjustment.
(3) In the ID-RP and the ORP zone, the Board of Adjustment may grant a special exception to reduce the minimum lot size for a basic utility use; provided that the facility will be located, screened, and landscaped in a manner that will not detract from surrounding properties or prevent development of an attractive entranceway to an existing or future office research park.
2. Private Colleges And Universities In RDP And ORP Zones:
a. The proposed use will be located such that traffic to and from the proposed use will not adversely affect the office, light industrial, and research firms for which the zone is primarily intended.
b. The proposed use will not significantly alter the overall character of the research park zone and will not inhibit future development of office, light industrial, and research firms for which the zone is primarily intended. The board will consider such factors as size and scale of the development, projected traffic generation, and whether adequate transportation, transit, and pedestrian facilities exist to support the proposed use.
c. The proposed use will be compatible with surrounding uses with regard to building design, site design, traffic circulation, and signage.
3. General Community Service Uses In RM-12, RM-20, RNS-20, RM-44, PRM, MU, And CN-1 Zones:
a. Community service uses are limited to "neighborhood centers", as defined in chapter 9, article A, "General Definitions", of this title.
b. If the proposed use is located in a residential zone or the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.
4. General Community Service Uses In CI-1 And I-1 Zones: The proposed use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended. The board will consider such factors as size and scale of the development, projected traffic generation, and whether adequate transportation, transit, and pedestrian facilities exist to support the proposed use. Community service uses that are industrial or repair oriented in nature or that include operations that require outdoor work areas may be particularly suited to these zones.
5. Community Service - Shelter Uses:
a. Maximum Density:
(1) In the RM-12 and MU zones: Seven hundred fifty (750) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident.
(2) In the RM-20, RNS-20, and CO-1 zones: Five hundred fifty (550) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident.
(3) In the RM-44, PRM, CI-1, CC-2, and CB-2 zones: A minimum of three hundred (300) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident is required.
b. Nuisance Issues: The proposed use will not have significant adverse effects on the livability of nearby residential or commercial uses due to loitering, noise, glare from lights, late night operations, odors, outdoor storage, and litter. The applicant must submit a site plan and a shelter management plan that address these issues. The management plan must include a litter control plan, a loitering control plan, a plan for on site security, and a conflict resolution procedure to resolve nuisance issues if they occur. The site plan and shelter management plan must be submitted along with the application for a special exception, or if allowed as a provisional use, such plan must be included with the materials submitted for site plan review.
c. Site Development Standards:
(1) If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi- family site development standards as set forth in section 14-2B-6 of this title.
(2) In the CB-5 and CB-10 zones, community service/shelter uses must be located above the street level floor of a building.
(3) The proposed facility must comply with the minimum standards as specified in the Iowa City housing code, as amended.
6. Reserved.
7. Daycare Uses:
a. Required Interior Activity Areas: Child daycare centers must contain at least thirty five (35) square feet of usable interior floor space per child. Adult daycare centers must contain a minimum of sixty (60) square feet of usable floor area per adult client. An additional twenty (20) square feet of floor area is required for every adult client who uses ambulatory aids. Reception areas, kitchens, storage areas, offices, bathrooms, hallways, treatment rooms, and specialized areas used for therapy are excluded when calculating the required floor area. The dining area may only be included in the square footage calculation if used by daycare participants for activities other than meals. When collocated in a facility that houses other uses or services, the proposed daycare use must have its own separate identifiable space for program activities during operational hours.
b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of not less than one hundred (100) square feet per child based on the maximum number of children that will be using the outdoor play area at any given time. The outdoor play area must meet the following standards:
(1) Playground equipment is not permitted within the front and side setbacks.
(2) Outdoor play areas must be well drained, free from hazards, and readily accessible to the daycare center. In residential zones, outdoor play areas must be completely enclosed by a fence at least four feet (4') in height. In commercial and industrial zones, the outdoor play area must be completely enclosed by a fence built to the S4 standard and be screened along the perimeter of the fence to the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) The city may waive the screening requirement if it is determined that land uses surrounding the daycare use will not pose a nuisance or safety hazard to the children such that a screening buffer is necessary.
c. Vehicular Circulation: The use must provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way. (See minimum parking requirements for daycare in section 14-5A-4, table 5A-2 of this title.) To promote safe vehicular circulation, one-way drives are encouraged.
d. Pedestrian Circulation: A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right of way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center.
e. Site Development Standards: If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title. Daycare facilities that are accessory uses are exempt from this provision.
8. Detention Facilities:
a. The proposed use will be located at least one thousand feet (1,000') from any property containing an existing daycare use, educational facility use, parks and open space use, religious/private group assembly use or residential use.
b. The proposed use will be located at least one thousand feet (1,000') from any residential zone.
c. The proposed use will be located at least five hundred feet (500') from any other detention facility.
d. The facility and its operations will not pose an unreasonable safety risk to nearby uses and residents. The applicant must submit to the board of adjustment a detailed plan for on site security.
9. General Education Facilities In The CC-2 Zone:
a. The use will be functionally compatible with surrounding uses and will not inhibit retail and service uses for which the zone is primarily intended. The board may consider such factors as site layout, size and scale of the development, and traffic circulation.
b. The use must provide a drop off/pick up area in a location that is convenient to, or has good pedestrian access to, the entrance to the facility. The drop off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way.
c. The site must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation to the school according to the standards set forth in subsection 14-2C-6F, "Pedestrian, Bicycle, And Vehicular Circulation", of this title. Pedestrian walkways must be established connecting the main entrance(s) of the school to adjacent public sidewalks and trails.
10. General Educational Facilities In RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, And CO-1 Zones:
a. The number of off street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The board of adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use.
b. If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.
11. General Educational Facilities In RS-5, RS-8, RS-12, And RNS-12 Zones:
a. The following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-2A-4B5, "Adjustments To Principal Building Setback Requirements", of this title.
(1) Front: Twenty feet (20').
(2) Side: Twenty feet (20').
(3) Rear: Fifty feet (50').
b. The proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings.
c. Given that large parking lots can seriously erode the single- family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use.
d. The proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter.
e. The building official may grant approval for the following modifications to an educational facility, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located:
(1) An accessory storage building less than five hundred (500) square feet in size.
(2) A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building.
f. If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.
12. Specialized Educational Facilities In PRM, MU, And CN-1 Zones:
a. Any such use is limited to two thousand four hundred (2,400) square feet of gross floor area.
b. If the proposed use is located in the PRM or MU zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.
13. Specialized Educational Facilities In The CI-1 Zone: The use will be functionally compatible with surrounding uses, such that the health and safety of clients/students are not compromised. The board will consider factors such as the types of businesses that predominate in the immediate vicinity, whether there are any significant negative externalities created by these uses, such as excessive noise, dust, or vibrations from outdoor work areas that may pose a health or safety risk to clients/students of the proposed use; and where such negative externalities exist, whether the building(s) and site can and will be designed to mitigate the harmful effects.
14. Hospitals In CO-1 Zone: Hospitals that existed prior to 1963, are exempt from and may expand without compliance with the maximum height and FAR standards of the CO-1 zone.
15. Parks And Open Space:
a. Any new cemetery use must be located on a site containing at least five (5) acres. Other shared private open space uses are exempt from the minimum lot requirements of the base zone in which they are located.
b. The following uses and facilities are regulated as accessory uses and are subject to the regulations of article C, "Accessory Uses And Buildings", of this chapter:
(1) Accessory uses within shared private open space areas: Swimming pools, tennis courts, boat ramps, and other recreational facilities. These are recreational facilities that are shared among residents of the surrounding properties and are maintained and operated by a common homeowners' or residents' association. Recreational, sports, or athletic clubs operated as a commercial business and open to the general public to join are classified as commercial recreational facilities and are regulated as a principal use.
(2) Accessory uses within cemeteries: Mausoleums, chapels, and similar accessory facilities associated with funerals or burial.
(3) Accessory uses within golf courses: Clubhouses and driving ranges.
16. Religious/Private Group Assembly In ID-RM, ID-C, RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, And CO-1 Zones:
a. Religious institutions in existence prior to 1963, that are located in the RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 zones are exempt from and may expand without compliance with the required number of parking spaces.
b. Religious institutions located in the PRM zone that have parking areas that existed prior to March 1, 1992, and if such parking areas are within three hundred feet (300') of a commercial zone, the religious institution may lease up to and including two-thirds (2/3) of the required parking spaces within said parking areas to other users.
c. The number of off street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The board of adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use.
d. If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.
17. Religious/Private Group Assembly In ID-RS, RS-5, RS-8, RS-12, And RNS-12 Zones:
a. The following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-2A-4B5, "Adjustments To Principal Building Setback Requirements", of this title.
(1) Front: Twenty feet (20').
(2) Side: Twenty feet (20').
(3) Rear: Fifty feet (50').
b. The proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings.
c. Given that large parking lots can seriously erode the single- family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use.
d. The proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter.
e. The building official may grant approval for the following modifications to a religious/private group assembly use, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located:
(1) An accessory storage building less than five hundred (500) square feet in size.
(2) A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building.
f. If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.
18. Utility-Scale Ground-Mounted Solar Energy Systems:
a. Any utility-scale ground-mounted solar energy systems may not be located closer than two hundred feet (200') from any residential zone, as measured from the property line of the residential zone.
b. Utility-scale ground-mounted solar energy systems must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. A utility-scale ground-mounted solar energy system may be exempt from S3 screening requirements if the system is located in a public zone and is used in part for educational purposes.
c. Utility-scale ground-mounted solar energy systems may not be closer than twenty feet (20') from all property lines, or according to the minimum setback requirements in the underlying base zone, whichever is greater.
d. Utility-scale ground-mounted solar energy systems shall be enclosed by security fencing. Fencing must be between six feet and eight feet (6' and 8') in height. Up to three (3) individual horizontal strands of barbed wire may be placed atop the fence. Barbed wire strands will not be included in the overall fence height measurement.
e. The maximum height of utility-scale ground-mounted solar energy systems shall be no greater than fifteen (15').
f. Any on-site lighting provided for the operational phase of the utility-scale ground-mounted solar energy system shall be equipped with full cutoff fixtures, shielded away from adjacent properties, and positioned downward to minimize light spillage onto adjacent properties.
g. Exterior surfaces of utility-scale ground-mounted solar energy system panels shall have a nonreflective finish to minimize glare and solar arrays shall be designed and installed to minimize glare towards vehicular traffic and any adjacent building.
h. Any utility-scale ground-mounted solar energy system that intends to locate in a commercial (CO-1, CN-1, CH-1, CI-1, CC-2, CB-2, CB-5, CB-10), research (RDP), office park (ORP), or interim development zone (ID-C, ID-RP,) must also satisfy the approval criteria for a special exception for a basic utility set forth in Section 14-4B-4D-1b-(2).
E. Other Uses:
1. Animal Related Agriculture In ID Zones:
a. Livestock feedlots must be located no closer than one-fourth (1/4) mile from any residential zone boundary.
b. Confinement feeding operations are prohibited.
2. Extraction:
a. Extraction is not permitted within one thousand feet (1,000') of a residential zone.
b. Proof of compliance with all state requirements, including all approvals and licenses referenced in subsections E2c through E2e of this section must be submitted to the city for review and approval prior to commencing extraction operations.
c. Approval for the withdrawal of water must be obtained from the Iowa department of natural resources, or its successor.
d. Approval for operation in a floodplain must be obtained from the Iowa department of natural resources, or its successor.
e. A license to operate the extraction use must be obtained from the Iowa department of agricultural and land stewardship, division of soil conservation, or its successor. Failure to maintain said license shall constitute abandonment.
3. Helicopter Landing Facilities In I-1, I-2, RDP, And ORP Zones:
a. The proposed landing facility must be located at least one thousand feet (1,000') from any residential zone.
b. The landing facility must meet all applicable federal regulations. Documentation of compliance with federal regulations must be submitted to the board of adjustment with the application for a special exception.
4. Communication Transmission Facilities In Residential Zones And In ID-RS And ID-RM Zones:
a. Communications antennas are permitted in all residential zones and in the ID-RS and ID-RM zones, provided the following conditions are met:
(1) The antenna is mounted on an existing communications tower, on the roof of a principal building that contains a nonresidential use or on the roof of a building that is accessory to a nonresidential use, or on another tall structure that is permitted in the zone. Examples include church and school buildings, water towers and clock towers. A maximum of two (2) antennas is permitted per building or structure.
(2) The height of the antenna shall not exceed the height of the existing structure or building to which it is attached by more than twenty feet (20'). If it exceeds this limit, a special exception is required to ensure that the antenna and any associated structure is designed to blend into its surroundings, or be camouflaged so as not to be obtrusive or detract from neighboring properties.
(3) Strobe lighting is prohibited in residential zones. Therefore, any antenna that requires such illumination is prohibited.
(4) Any equipment associated with an antenna must be located within the exterior walls of the building to which the antenna is attached. No separate equipment shed is permitted, except if the antenna is attached to a tall structure that is not a building. In such a case, a separate equipment shed is only allowed by special exception if it can be demonstrated that the shed can be adequately screened or designed in a manner that blends in with the residential character or future residential character of the surrounding area.
b. Communications towers are allowed by special exception in the ID-RS and ID-RM zones and must comply with the following approval criteria:
(1) The proposed tower serves an area that cannot be served by an existing tower or industrial property or by locating antennas on existing structures in the area. The applicant must document attempts to utilize existing structures, towers, and commercial and industrial properties within one-half (1/2) mile of the proposed tower. Such documentation must include maps illustrating the location of existing towers and potential alternative sites for antenna and towers that have been explored by the applicant and the applicant must state the reasons that these locations were not feasible.
(2) The proposed tower will be designed and constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area. Examples of camouflage design include monopoles, which do not have guywires or support trusses and that are painted to blend in with the sky or surroundings, towers camouflaged as flagpoles, monuments, steeples, or the integration of rooftop towers onto existing buildings, water towers, etc. Rooftop towers must use materials similar to or that blend in with the structure to which it is attached. Other camouflaged tower structures must be of similar height and appearance as other similar structures allowed in the zone, e.g., towers camouflaged as light poles or utility poles must be of similar height and appearance as other such poles. The applicant must include an illustration of how the tower would appear in the proposed location.
(3) The proposed tower will be no taller than is necessary to provide the service intended. Evidence presented should include coverage maps illustrating current gaps in coverage and changes to coverage with the proposed tower. Communications towers are exempt from the maximum height standards of the base zone, but under no circumstance may the tower be taller than one hundred twenty feet (120') from grade. If a communications tower is camouflaged to appear similar to another common structure allowed in the zone, it must comply with the same height standards that would apply to the type of structure that it emulates. For example, if the tower is camouflaged as a light pole, flagpole, or utility pole it must not exceed the height limitation for such structures as specified in the base zone. If no height standard exists in the code for such a structure, it must be designed to be of similar height and appearance to other similar or typical structures. If the tower is camouflaged as a chimney, steeple, or other similar rooftop structure, the board may exempt it from the base zone height standards if it is designed as if it were an integral part of the building and is not out of scale or proportion to other similar rooftop structures.
(4) The proposed tower will be set back from the property line at least a distance equal to the height of the tower.
(5) Any equipment associated with the tower facility will be enclosed in an equipment shed, cabinet, or building, which must be adequately screened from view of the public right of way and adjacent properties and designed in a manner that will be compatible and blend in with future residential development.
(6) The proposed tower will not utilize a backup generator as a principal power source. Backup generators may only be used in the event of a power outage. The board of adjustment may require that the electric distribution line necessary to furnish electric service to the tower be made underground from existing systems, however, this requirement would not apply to electrical transformers, meter pedestals, switchgear and other appurtenances impractical to bury.
(7) Strobe lighting is prohibited. Therefore, any tower that requires such illumination is prohibited in these zones.
(8) The proposed tower must be designed and constructed to accommodate at least one additional user, unless in doing so the tower will exceed the one hundred twenty foot (120') height limitation or if the board of adjustment determines that allowing the additional height needed to accommodate another user will detract from the area to the extent that it will prevent future development as envisioned in the comprehensive plan. The applicant shall provide a certification by a professional engineer licensed in this state that the proposed tower will be designed to permit a second antenna system of comparable size to be added to the tower above or immediately below the original antenna system.
(9) If use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and replanted to prevent erosion. The applicant shall present a signed lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging this obligation.
5. Communication Transmission Facilities In Commercial Zones And ID-C Zone; Privately Owned Communication Transmission Facilities In Public Zones:
a. Communications antennas are permitted in all commercial zones, the ID-C zone, and in public zones, provided the following conditions are met:
(1) The antenna must be mounted on another structure allowed in the zone, such as a rooftop, light pole, or utility pole.
(2) In the CN-1 and CO-1 zones and in any ID-C zone that is intended for a future CN-1 zone, strobe lighting is prohibited. Therefore, any antenna that requires such illumination is prohibited in these zones.
(3) In public zones and in the CC-2, CH-1, CI-1, CB-2, CB-5, and CB-10 zones and in any ID-C zone not intended for a future CN-1 zone, antennas may not be illuminated by strobe lights unless required by federal regulations. If alternatives are allowed under federal guidelines, strobe lights may not be used.
(4) Any equipment associated with an antenna must be located within the exterior walls of the building to which the antenna is attached or screened from view of the public right of way and any adjacent property to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) If the equipment is located on the roof, it must be set back and screened so that it is not within public view or appears to be part of the building.
b. Communications towers are allowed by special exception in public zones, the ID-C, CO-1, CN-1, CH-1, CI-1, CC-2, CB-2, CB-5, and CB-10 zones, and must comply with the following approval criteria:
(1) If the proposed tower will be located in an ID-C zone that is intended for a future neighborhood commercial zone according to the comprehensive plan, as amended, then it must comply with any specific standards listed below for CN-1 zones.
(2) The proposed tower serves an area that cannot be served by an existing tower or industrial property or by locating antennas on existing structures in the area. The applicant must document attempts to utilize existing structures, towers, and industrial properties within one-half (1/2) mile of the proposed tower. Such documentation must include maps illustrating the location of existing towers and potential alternative sites for antenna and towers that have been explored by the applicant and the applicant must state the reasons that these locations were not feasible.
(3) The proposed tower will be constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area. Examples of camouflage design include monopoles, which do not have guywires or support trusses and that are painted to blend in with the sky or surroundings, towers camouflaged as flagpoles, monuments, steeples, or the integration of rooftop towers onto existing buildings, water towers, etc. Rooftop towers must use materials similar to or that blend in with the structure to which it is attached. Other camouflaged tower structures must be of similar height and appearance as other similar structures allowed in the zone, e.g., towers camouflaged as light poles or utility poles must be of similar height and appearance as other such poles. The applicant must include an illustration of how the tower would appear in the proposed location.
(4) The proposed tower will be no taller than is necessary to provide the service intended. Evidence presented should include coverage maps illustrating current gaps in coverage and changes to coverage with the proposed tower. In the ID-C (except areas intended for CN-1), CH-1, CC-2, CI-1, CB-2, CB-5 and CB-10 zones, communications towers are exempt from the maximum height standards of the base zone, but under no circumstance may the tower be taller than one hundred twenty feet (120') from grade. In the CO-1, CN-1, and any ID-C zone intended for CN-1, communications towers must comply with the same height standards that would apply to the type of structure to which they are attached or if a communications tower is camouflaged to appear similar to another common structure allowed in the zone, it must comply with the same height standards that would apply to the type of structure that it emulates. For example, if the tower is camouflaged as a light pole, flagpole, or utility pole it must not exceed the height limitation for such structures as specified in the base zone. If no height standard exists in the code for such a structure, it must be designed to be of similar height and appearance to other similar or typical structures. If the tower is camouflaged as a chimney or other similar rooftop structure, the board may exempt it from the base zone height standards if it is designed as if it were an integral part of the building and is not out of scale or proportion to other similar rooftop structures.
(5) The proposed tower will be set back at least a distance equal to the height of the tower from any residential zone, ID-RS zone, and ID-RM zone.
(6) Any equipment associated with the tower facility will be enclosed in an equipment shed, cabinet, or building, which must be adequately screened from view of the public right of way and any adjacent residential or commercial property.
(7) The proposed tower will not utilize a backup generator as a principal power source. Backup generators may only be used in the event of a power outage.
(8) In the CN-1 and CO-1 zones and in any ID-C zone that is intended for a future CN-1 zone, strobe lighting is prohibited. Therefore, any tower that requires such illumination is prohibited in these zones. The tower will not be illuminated by strobe lights unless required by federal regulations. If alternatives are allowed under federal guidelines, strobe lights may not be used.
(9) The proposed tower must be designed and constructed to accommodate at least one additional user, unless in doing so the tower will exceed the one hundred twenty foot (120') height limitation or if the board of adjustment determines that allowing the additional height needed to accommodate another user will detract from the area to the extent that it will prevent future development intended in the zone. The applicant shall provide a certification by a professional engineer licensed in this state that the proposed tower will be designed to permit a second antenna system of comparable size to be added to the tower above or immediately below the original antenna system.
(10) If use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and replanted to prevent erosion. The applicant shall present a signed lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging this obligation.
6. Communication Transmission Facilities In Industrial And Research Park Zones And ID-RP And ID-I Zones:
a. Communications antennas are permitted in all Industrial and Research Park Zones and in the ID-I and ID-RP Zones, provided the antenna is mounted on another structure allowed in the zone, such as a rooftop, light pole, or utility pole.
b. Communications towers are allowed in the ID-I, I-1 and I-2 Zones and by special exception in the ID-RP, RDP and ORP Zones, provided the following conditions are met:
(1) The proposed tower will be set back at least a distance equal to the height of the tower from any residential zone, ID-RS Zone, and ID-RM Zone.
(2) The tower and any associated equipment, buildings, or structures must be screened from the public right-of-way and any bordering residential or commercial zone to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.)
(3) The proposed tower must be designed and constructed to accommodate at least two (2) additional users. The applicant shall provide a certification by a professional engineer licensed in this State that the proposed tower will be designed to permit two (2) additional antenna systems of comparable size to be added to the tower above or immediately below the original antenna system.
(4) If use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and replanted to prevent erosion. The applicant shall present a signed lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging this obligation.
7. Consumer Fireworks Sales In The I-1 And I-2 Zones: In the I-1 and I-2 Zones, consumer fireworks sales, as defined in this title, are permitted, subject to the restrictions and dates of sale set forth in title 661 Iowa Administrative Code chapter 265, Consumer Fireworks Sales Licensing and Safety Standards. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4220, 7-18-2006; Ord. 06-4245, 12-12-2006; Ord. 09-4341, 6-2-2009; Ord. 09-4358, 10-20-2009; Ord. 09-4363, 12-1-2009; Ord. 09-4364, 12-1-2009; Ord. 11-4443, 9-6-2011; Ord. 11-4448, 10-18-2011; Ord. 11-4450, 10-18-2011; Ord. 11-4452, 10-18-2011; Ord. 12-4482, 5-15-2012; Ord. 13-4520, 4-9-2013; Ord. 13-4522, 4-23-2013; Ord. 13-4526, 5-14-2013; Ord. 13-4543, 8-20-2013; Ord. 13-4544, 8-20-2013; Ord. 13-4550, 9-17-2013; Ord. 13-4551, 9-17-2013; Ord. 14-4586, 6-3-2014; Ord. 16-4655, 2-2-2016; Ord. 16-4667, 7-5-2016; Ord. 16-4675, 9-20-2016; Ord. 17-4732, 11-21-2017; Ord. 19-4779, 2-19-2019; Ord. 19-4800, 8-6-2019; Ord. 20-4817, 1-7-2020; Ord. 20-4820, 3-3-2020; Ord. 20-4833, 11-17-2020; Ord. 21-4864, 9-21-2021; Ord. 22-4880, 6-6-2022; Ord. 22-4882, 6-21-2022; Ord. 23-4914, 11-6-2023)