Any accessory uses listed in the following subsections must comply with the conditions listed, unless specifically exempted or superseded by more specific provisions of this title. As noted, some require special exception approval from the Board of Adjustment. If a regulation in the base zone chapter 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 will govern.
A. Accessory Apartments: Accessory apartments are permitted in the RS-5, RS-8, RS-12, RM-12, RM-20, and RNS-20 Zones in owner occupied detached single-family dwellings and detached zero lot line dwellings and in buildings accessory to these same dwelling types, provided the following conditions are met:
1. Permit Required: Prior to the establishment of any accessory apartment, the owner of the principal dwelling unit must obtain a rental permit from the Department of Housing and Inspection Services according to the applicable procedures set forth in chapter 8, "Review And Approval Procedures", of this title.
2. Ownership And Occupancy:
a. The owner of the property on which an accessory apartment is located must occupy at least one of the dwelling units on the premises as the permanent legal resident.
b. The accessory apartment and the principal dwelling must be under the same ownership.
c. The total number of individuals that reside in the accessory apartment may not exceed two (2).
3. Site Requirements:
a. Only one accessory apartment may be established per single- family lot.
b. In addition to the parking required for the principal dwelling unit, one off street parking space is required for the accessory apartment.
c. The minimum lot area per unit requirement of the underlying base zone does not apply to an accessory apartment, i.e., no additional lot area is required beyond that which is required for the principal dwelling unit.
4. Design Requirements:
a. The accessory apartment may be located within the principal dwelling or within an accessory building.
b. The accessory apartment must be a complete, separate dwelling unit that functions independently from the principal single- family dwelling unit. It must contain its own kitchen and bathroom facilities.
c. When located within the principal dwelling, the accessory apartment must be designed so that the appearance of the building remains that of a single-family residence. Any new entrances should face the side or rear yard of the building, and any addition for an accessory apartment may not increase the floor area of the original dwelling by more than ten percent (10%). Exterior finish materials, trim, windows, and eaves must visually match the principal dwelling unit.
5. Apartment Size: The accessory apartment must be clearly subordinate in area to the principal dwelling unit or to the accessory building in which it is located. Accordingly, it must comply with the following standards:
a. For an accessory apartment located within a principal dwelling unit, the floor area of the accessory unit may not exceed thirty percent (30%) of the total floor area of the principal dwelling, excluding the area of an attached garage, or six hundred fifty (650) square feet, whichever is less.
b. For an accessory apartment located within an accessory building, the floor area of the accessory apartment may not exceed fifty percent (50%) of the total floor area of the accessory building or six hundred fifty (650) square feet, whichever is less.
c. The accessory apartment may contain no more than one bedroom.
B. Accessory Retail Sales: For nonresidential uses, accessory retail sales is permitted, provided the following conditions are met. Retail sales associated with home occupations is addressed in the subsection M, "Home Occupations", of this section.
1. Accessory retail sales must clearly be subordinate to the use to which it is accessory. The floor area devoted to accessory retail sales may not exceed one thousand (1,000) square feet or forty percent (40%) of the total floor area of the principal use to which the retail sales is accessory, whichever is less. The floor area devoted to accessory uses is included when calculating the total floor area of the principal use. For example, a small manufacturing establishment contains a total of two thousand (2,000) square feet of floor area. Under this provision, the establishment may include up to eight hundred (800) square feet of accessory retail space.
2. The operation of and area devoted to retail sales must meet the performance standards for commercial zones as specified in chapter 5, article H of this title.
3. The products sold must be manufactured, processed, or fabricated on the property or must be associated with the principal use of the property.
C. Accessory Uses Within Parks And Open Space Uses:
1. Within cemeteries, all structures, including, but not limited to, mausoleums, columbariums, crematoriums, permanent monuments and maintenance buildings, must be set back a minimum of twenty feet (20') from any property line or street right of way line. Such structures must be screened from view of abutting residential properties to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) If such structures are located such that they are not visible from residential properties, then screening is not required.
2. Playground equipment, picnic facilities, shelters, and gazebos are permitted within parks and open space uses, provided they are set back a minimum of twenty feet (20') from any property line or street right of way line.
3. Uses, buildings and structures devoted to active recreational activities, such as clubhouses, driving ranges, swimming pools, recreation buildings, sports fields, and tennis courts, which are located within private, shared open space, are permitted by special exception and are subject to the following approval criteria, except for uses approved through a planned development process. Uses, buildings, and structures devoted to active recreational activities approved through a planned development process are not initially required to obtain special exception approval. However, any expansion or enlargement of such a use, building, or structure requires special exception approval from the board of adjustment, except as permitted in subsection C3g of this section. A special exception is not required for buildings or structures devoted to active recreational activities within public parks.
a. The proposed use is properly located to provide adequate separation between properties and between uses within the parks and open space area. Any buildings associated with the proposed use must comply with the setback requirements for principal buildings in the underlying base zone. Other structures and facilities must be set back at least twenty feet (20') from any property line. The board of adjustment may reduce or increase the setback requirements; provided, that adequate separation is established based on the specific use proposed and the nature of the surrounding properties.
b. The proposed use is consistent with the intended character of the specific parks and open space area.
c. The location or operation of the proposed use will not compromise any designated environmental conservation areas adjacent to or within the parks and open space area.
d. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access requirements, on street parking impacts, neighborhood impacts, and pedestrian safety.
e. Adequate public services are available or will be made available to serve the proposed use.
f. The proposed use will not have significant adverse impacts on the livability of nearby residential properties due to noise, glare from lights, late night operations, odors, and litter.
g. The building official may grant approval for the following minor modifications to accessory uses within parks and open space uses without approval from the board of adjustment, according to the procedures and approval criteria for minor modifications as set forth in chapter 4, article B of this title:
(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.
D. Bed And Breakfasts: Bed and breakfasts are allowed in conjunction with any residential use, provided the following conditions are met:
1. Guests stay for periods not to exceed thirty (30) consecutive days.
2. The operator must provide the City an emergency contact and obtain a housing inspection every two (2) years to protect public health and safety related to fire and building safety and sanitation.
E. Reserved.
F. Caretaker Residences In Industrial And Research Park Zones: In the industrial and research park zones, a maximum of one residence for a proprietor, caretaker, or watchperson is permitted, provided it is located on the same property as the commercial or industrial use.
G. Childcare Homes:
1. "Childcare homes", as defined in this title, that provide care for up to eight (8) children, are permitted in any zone that allows household living uses, provided the operation and maintenance of the childcare home meets all applicable state requirements. A childcare home is permitted one nonresident caregiver in addition to the primary resident caregiver.
2. "Childcare homes", as defined in this title, that provide care for nine (9) to sixteen (16) children, are permitted in any zone that allows household living uses, provided the following conditions are met:
a. The home must provide a fenced outdoor play area of not less than fifty (50) square feet per child based on the maximum number of children that will be using the outdoor play area at any given time.
b. The home must contain thirty five (35) square feet of interior floor space per child, excluding kitchen, bathrooms, and halls.
c. The home must have a working fire extinguisher, smoke detectors, and two (2) direct exits.
d. The operation and maintenance of the home must meet all applicable state requirements.
e. The home is permitted one nonresident caregiver in addition to the primary resident caregiver.
H. Communication Towers, Antennas, And Satellite Receiving Devices:
1. Accessory communications antennas and satellite receiving devices, one meter or smaller in diameter, are permitted in any zone; provided, that such a device is in compliance with the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title.
2. Accessory satellite receiving devices larger than one meter in diameter are permitted in all commercial and industrial zones; provided, that no such device is located in violation of the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title. In residential zones, including the ID-RS and ID-RM zones, such devices are permitted, provided they are not located in the area between the street and the principal building, within the required principal building, front or side setback area, or on the roof of any building.
3. Communications towers, other than amateur radio and citizen band transmitters, are permitted according to the requirements for communications transmission facilities as set forth in chapter 4, article B of this title.
4. Amateur radio and citizen band transmitters, antennas, and supporting structures are permitted in any zone, provided they are not located in the area between a street and a principal structure or within the required side setback.
I. Daycare: Daycare accessory to institutional, commercial, or industrial uses is permitted according to the approval criteria for daycare uses as set forth in article B of this chapter.
J. Decks And Patios, Uncovered:
1. In residential zones:
a. Uncovered patios and decks constructed two feet (2') or less above grade must be set back at least ten feet (10') from any front or street-side lot line and set back at least two feet (2') from any alley right of way. No side setback is required.
b. Uncovered patios and decks constructed more than two feet (2') above grade must be set back at least ten feet (10') from any front or street-side lot line, at least five feet (5') from any side lot line, and at least two feet (2') from any alley right of way.
2. In riverfront crossings zones and the eastside mixed use district:
a. Decks are not allowed in private frontage areas, as defined in subsection 14-2G-7A, "Streetscape And Frontage Area Improvements", of this title.
b. Patios are not allowed in private frontage areas unless expressly permitted according to the standards for the applicable frontage type, as specified in section 14-2G-4 of this title.
c. Uncovered patios and decks constructed two feet (2') or less above grade must be set back at least two feet (2') from any alley right of way. No side setback is required.
d. Uncovered patios and decks constructed more than two feet (2') above grade must be set back at least five feet (5') from any side lot line and at least two feet (2') from any alley right of way.
3. In all other zones:
a. Uncovered patios and decks must be set back at least ten feet (10') from any front or street-side lot line and set back at least two feet (2') from any alley right of way. No side setback is required.
b. Decks and patios in any zone where there is no front setback requirement for principal buildings are exempt from the front setback requirement in subsection J3a of this section.
K. Drive-Through Facilities:
1. Allowed Facilities: Drive-through facilities are allowed according to table 4C-1 of this section.
Zone | Drive-Through Facilities Allowed | Additional Requirements |
Zone | Drive-Through Facilities Allowed | Additional Requirements |
ID zones | None permitted | Not applicable |
Residential zones | None permitted | Not applicable |
CO-1 zone | Limited to facilities that are accessory to financial institutions | Special exception required. See additional approval criteria listed below |
CH-1 zone | Permitted | Drive-through lanes must be set back at least 10 feet from property lines and must be screened from view of any abutting residential zone to the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title) |
CN-1 zone | Limited to facilities that are accessory to financial institutions and pharmacies Maximum of 2 lanes allowed for a financial institution Maximum of 1 lane allowed for a pharmacy | Special exception required. See additional approval criteria listed below |
CI-1, CC-2, CB-2, and riverfront crossings zones | Permitted by special exception. Limitations apply in the riverfront crossings zones, as specified below | Special exception required. See additional approval criteria listed below |
CB-5, CB-10 zones | None permitted | Not applicable |
Eastside mixed use district | None permitted | Not applicable |
2. Riverfront Crossings Zones; Limitations And Restrictions:
a. In all riverfront crossings subdistricts, except for the west riverfront and south Gilbert subdistricts, drive-throughs are limited to facilities that are accessory to financial institutions and pharmacies.
b. In the south Gilbert subdistrict, drive-through facilities are not allowed along frontages designated as required retail storefronts or required Ralston Creek frontages, or along the required pedestrian streets that extend east-west through the block to provide connections to the riverfront park, all as illustrated in section 14-2G-2, figure 2G-1, "Regulating Plan", of this title. Otherwise, drive-through facilities are allowed by special exception for any use allowed in the subdistrict.
c. In the west riverfront subdistrict, drive-through facilities are allowed by special exception for any use allowed in the subdistrict according to the provisions set forth in this section.
d. Principal buildings to which a drive-through is accessory must comply with all standards of the applicable riverfront crossings subdistrict as specified in chapter 2, article G of this title, unless a minor adjustment is approved by the FBC committee according to the provisions in subsection 14-2G-7H, "Minor Adjustments", of this title.
3. Special Exception Approval Criteria:
a. Access And Circulation: The transportation system should be capable of safely supporting the proposed drive-through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria:
(1) Wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive-through bays and stacking lanes to be enclosed within the building envelope, and similar conditions.
(2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title.
(3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive-through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive-through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering).
(4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement.
b. Location:
(1) In the CB-2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive-through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street-facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located.
(2) Drive-through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below.
c. Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site.
(1) To promote compatibility with surrounding development, the number of drive-through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment.
(2) Drive-through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive-through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB-2 zone and the riverfront crossings district, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (5') in height and shall be designed to complement the principal building on the site.
(3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site.
(4) Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located.
(5) Lighting for the drive-through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties.
(6) (Rep. by Ord. 16-4685, 11-15-2016)
(7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood.
L. Fences, Walls, And Hedges:
1. Permit Required: A permit is required for all of the following:
a. Electric fences;
b. Barbed wire fences;
c. Any fence or wall over six feet (6') in height;
d. Any retaining wall over four feet (4') in height measured from the top of the footing to the top of the wall; and
e. A retaining wall of any height that supports a surcharge or impounds flammable liquids.
2. Location And Height Requirements: All fences, walls, and hedges located within a principal building front, side, or rear setback area or within five feet (5') of a lot line, are subject to the following location and height requirements:
a. Except as otherwise allowed or required in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this title, no portion of a fence or wall more than ten percent (10%) solid shall exceed eight feet (8') in height. The solidity is the percent of the fence over a random area which is made up of solid, opaque material, and which does not allow light or air to pass through. Retaining walls are exempt from the provisions of this paragraph.
b. Fences, walls, and hedges must be set back at least two feet (2') from any alley or street right of way line.
c. On corner lots, fences, walls, and hedges over two feet (2') in height must comply with the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title.
d. Fences and walls that exceed four feet (4') in height are not permitted in the principal building, front setback area on properties zoned residential or on properties located within fifty feet (50') of any property along the same frontage that is zoned residential. However, this height limit is increased to six feet (6') for lots with frontages along an expressway or an arterial street; provided, that the lot is a double frontage lot or a reversed corner lot. Retaining walls are exempt from the provisions of this paragraph. A minor modification may be requested to adjust the height of an entranceway gate in a fence located within a front yard setback area according to the procedures and approval criteria for minor modifications contained in article B of this chapter.
e. In riverfront crossings zones and the eastside mixed use district, fences and walls located within private frontage areas are strictly regulated and, if allowed, must comply with the applicable frontage type standards as specified in chapter 2, article G of this title.
3. Regulations For Barbed Wire And Electric Fences: Barbed wire and electric fences are subject to the following regulations:
a. Barbed wire consists of twisted wires with barbs on each wire. The barbs on each wire must be at least four inches (4") apart. Any barbed wire that does not meet this description is prohibited. Concertina wire is prohibited.
b. Except when used for the enclosure of livestock associated with an allowed agriculture use, barbed wire fences are permitted only in the commercial, industrial, and research zones, provided the bottom strand of barbed wire is not less than six feet (6') above grade.
c. Except for the enclosure of livestock associated with an allowed agriculture use, electric fences are not permitted in any zone.
d. No electric fence shall carry a charge greater than twenty five (25) milliamperes nor a pulsating current lower than one- tenth (1/10) second in a one second cycle. All electric fences must carry the seal of an approved testing laboratory.
e. Barbed wire and electric fences are prohibited within five feet (5') of a public sidewalk or within four feet (4') of a street right of way line where a public sidewalk does not exist. In the latter case, however, a barbed wire or electric fence may be installed or constructed along the right of way line if the property owner agrees to move the fence back the required distance within two (2) months after the installation of a public sidewalk. Said agreement must be submitted with the application for a fence permit.
M. Home Occupations: There are two (2) categories of home occupations, type A and type B. Type A home occupations are permitted, provided the use complies with the standards in subsections M3 through M9 of this section. Type B home occupations are permitted, provided the use complies with the standards in subsections M3 through M9 of this section, and the operator of the use obtains a home occupation permit from the city as described in subsection M2 of this section. The standards for bed and breakfast homestays, bed and breakfast inns, and childcare homes are specified in other subsections of this section and are, therefore, not subject the provisions of this subsection.
1. Home Occupation Types:
a. Type A: A "type A home occupation" is one where a resident or residents of a dwelling use the dwelling as a place of work, but no employees or customers come to the site. Examples include artists, craftspersons, writers, and consultants. Type A home occupations also provide an opportunity for a home to be used as a business address but not as a place of work. No permit is required for these uses, but they must comply with all of the other regulations stated herein.
b. Type B: A "type B home occupation" is one where a nonresident employee works at the site or where customers frequent the site on a regular basis. Examples include counseling, tutoring, and hair cutting and styling. A home occupation permit is required for these uses.
2. Permit Required For Type B Home Occupations: Prior to establishment of a type B home occupation, a home occupation permit must be obtained from the department of housing and inspection services according to the procedures set forth in chapter 8, article B, "Administrative Approval Procedures", of this title. A home occupation permit is required in order to ensure that the applicant is aware of the provisions governing home occupations and that the city has all information necessary to evaluate whether the proposal initially meets and continues to meet the provisions of this subsection.
3. Location And Occupancy:
a. The home occupation use must be located within a dwelling unit or within a building that is accessory to a dwelling unit.
b. The dwelling unit must be the bona fide primary residence of the owner and operator of the home occupation during nonbusiness hours.
4. Prohibited Uses: In addition to the uses that would be excluded based on the conditions specified in this subsection, the following uses are specifically prohibited as home occupations:
a. Adult business uses.
b. Veterinary clinics and kennels.
c. Commercial recreational uses.
d. Commercial parking.
e. Eating and drinking establishments.
f. Medical/dental offices, except for psychiatrists, psychologists, chiropractors, and physical therapists.
g. Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as automobiles, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts.
h. Self-service storage.
i. Industrial service.
j. Any use which changes the fire safety rating of the occupancy separation classification requirements of the structure.
5. Commercial Activity:
a. No commodities may be sold on the premises except for those produced on the premises or those associated with the home occupation conducted on the premises.
b. Type B home occupations are limited to ten (10) clients or customers per day.
6. Traffic And Parking:
a. The proposed use will not generate a greater volume or type of traffic than what is normally expected in the zone in which it is located; nor will it necessitate parking in excess of what is normally expected in the zone in which it is located. Vehicles used for delivery and pick up are limited to those normally servicing residential neighborhoods.
b. No more than one truck associated with the home occupation may be parked at the site. Only light trucks that are less than seven feet (7') in height are permitted. Medium and heavy trucks are prohibited. A "light truck" is a truck with a single rear axle and a single set of rear wheels. The home occupation use must comply with regulations in chapter 5, article A, "Off Street Parking And Loading Standards", of this title, regarding the parking and storage of special vehicles and commercial vehicles and the provisions of title 9, chapter 4, "Parking Regulations", of this code.
7. Off Site Impacts: Except for a permitted sign, there must be no indication from the exterior of the dwelling unit or accessory building, such as noise, odor, smoke, dust, excessive outdoor lighting, or outdoor storage of materials, that there is a home occupation use on the premises. No visitors or deliveries to the home occupation use are permitted before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M.
8. Size: For a home occupation located within a principal dwelling unit, the floor area devoted to the home occupation may not exceed twenty five percent (25%) of the total floor area of the principal dwelling (the floor area of an attached garage is not included in the calculation of total floor area of the dwelling). This twenty five percent (25%) limit applies regardless of whether the home occupation is located within the principal dwelling unit or within an accessory building. For example, for a property where the principal dwelling contains two thousand (2,000) square feet of floor area, a home occupation would be limited to five hundred (500) square feet regardless of whether it was located within the dwelling or within an accessory building.
9. Nonresident Employees: Nonresident employees are prohibited, except as approved by the building official as a minor modification to the home occupation use, according to the approval criteria and procedures for minor modifications as set forth in chapter 4, article B of this title.
10. Signage: Home occupations are permitted one nonilluminated fascia sign, not to exceed one square foot in size.
N. Mechanical Structures:
1. Screening:
a. All ground level mechanical and utility equipment, such as heat pumps, air conditioners, emergency generators, electrical vehicle charging stations, and water pumps, must be screened from public view to at least the S2 standard. (See chapter 5, article F, “Screening And Buffering Standards”, of this title.) If it is not feasible to use landscape screening, the mechanical equipment must be screened using wall or fencing materials complementary to the principal structure. Mechanical structures accessory to single-family uses and solar energy systems accessory to any uses are exempt from this standard.
b. In all zones except I-1 and I-2, rooftop mechanical equipment must be concealed from public view by integrating equipment into the design of the building, screening equipment behind building features, such as parapets, or by setting the equipment back from the edge of the roof so that it is not visible from ground level. Solar energy systems are exempt from this standard.
2. Setbacks:
a. Single-Family Residential Zones: Mechanical structures must be set back at least two feet (2') from the side and rear lot lines. However, mechanical structures may not be located between the principal dwelling and the street.
b. All Other Zones: Mechanical structures must be set back at least two feet (2') from any lot line. Additional location standards may apply in certain zones or for certain uses.
3. Minor Modifications For Solar Energy Systems: A minor modification for solar energy systems may be requested according to chapter 4, article B of this title.
O. Off Street Loading: Off street loading is permitted in the multi-family, commercial, industrial, and research zones according to the provisions of chapter 5, article A, "Off Street Parking And Loading Standards", of this title.
P. Off Street Parking: Off street parking must comply with the provisions of the base zone in which it is located and the provisions of chapter 5, article A, "Off Street Parking And Loading Standards", of this title.
Q. Outdoor Dumpster Areas:
1. Outdoor recycling, trash, solid waste and dumpster areas must be in compliance with the applicable provisions of title 16, chapter 3, article H, "Solid Waste", of this code.
2. Any such area must be screened from view of adjacent properties and from the public right of way to the S3 or S5 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.)
R. Outdoor Lighting: Outdoor lighting must comply with the provisions of the base zone in which it is located and the provisions of chapter 5, article G, "Outdoor Lighting Standards", of this title.
S. Outdoor Storage And Display: Any use with permanent outdoor storage or outdoor display areas must comply with the standards for the base zone in which the use is located, the relevant performance standards as specified in chapter 5, article H of this title, and any additional standards required for the use in article B of this chapter. Uses with temporary outdoor storage and display areas must comply with the regulations in article D, "Temporary Uses", of this chapter.
T. Swimming Pools, Hot Tubs, And Tennis Courts: Swimming pools, hot tubs, and tennis courts intended for private use by persons that reside on the property or their guests are permitted, provided the following conditions are met:
1. Setbacks:
a. Residential Zones, Riverfront Crossings Zones, And The Eastside Mixed Use District:
(1) The use must be set back a minimum of ten feet (10') from any side or rear lot line.
(2) The use may not be located in the front yard (see definition of "front yard" in chapter 9, article A of this title) unless the use is set back at least forty feet (40') from the front property line.
b. Nonresidential Zones: In nonresidential zones, the use must be set back a minimum of ten feet (10') from any side, rear, or front property line, unless the property on which the use is located is directly abutting or across the street from a property zoned residential. In the case of such an adjacency, the use must comply with the setback requirements for residential zones as stated in subsection T1a of this section.
2. Lighting Standards: Lighting for such facilities must comply with the standards specified in chapter 5, article G, "Outdoor Lighting Standards", of this title.
3. Fence Requirement: Swimming pools, with a depth of eighteen inches (18") or more and the edge of which is less than four feet (4') above grade, must be completely enclosed by a fence according to the following specifications:
a. The fence must be at least four feet (4') in height and must be constructed so that a sphere, five inches (5") in diameter, cannot pass through the fence.
b. A principal or accessory building may be used as part of the enclosure.
c. All gates and doors opening through the enclosure must be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in use, except the door of any building which forms a part of the enclosure need not be so equipped.
d. The building official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded by an enclosure built to the specifications of this subsection T3.
U. Roadside Stands For The Sale Of Produce: Roadside stands for the sale of produce grown on the premises are permitted in the ID zones and the RR-1 zone, provided the following conditions are met:
1. The stand contains no more than six hundred (600) square feet of floor area;
2. The stand is set back at least ten feet (10') from any lot line and at least twenty feet (20') from any street right of way; and
3. Access to the stand is from an entrance to the farm or residence. Additional street access will not be granted for such a use.
V. Signs: Signs are allowed according to the regulations in chapter 5, article B, "Sign Regulations", of this title.
W. Storage Buildings And Warehouse Facilities:
1. In residential zones and for residential building types in the riverfront crossings and eastside mixed use district, accessory storage and accessory storage buildings are allowed as follows:
a. Accessory storage and storage buildings are permitted for the storage of personal vehicles, wood, lumber, gardening equipment and other materials and equipment used exclusively by residents of the premises or by persons affiliated with a permitted use.
b. On properties where the principal use is household living, storage buildings for commercial purposes are prohibited.
2. In commercial, industrial, and research zones, and for nonresidential uses allowed within commercial and mixed use buildings in the riverfront crossings zones and eastside mixed use district, accessory storage and warehouse facilities are permitted, provided the floor area devoted to such a use does not exceed forty percent (40%) of the total floor area of the buildings on the property. If storage and warehousing exceeds this floor area limit, it is considered a principal use and is subject to the base zone regulations and any relevant approval criteria in article B of this chapter.
3. Accessory storage buildings and warehouse facilities must meet the development standards for accessory buildings as specified in section 14-4C-3 of this article.
X. Structures For Shelter Of Household Pets, Horses And Ponies:
1. Structures for the shelter of household pets are permitted, provided the following conditions are met. "Kennels", as defined in this title, are regulated as a principal use, intensive animal related commercial, and are subject to the base zone regulations and the relevant approval criteria in article B of this chapter.
a. Dog runs, built solely for the purpose of exercising and feeding of dogs, must be set back at least twenty feet (20') from any front or street side lot line, at least ten feet (10') from any side lot line, at least ten feet (10') from the rear lot line.
b. Dog runs must be completely enclosed by a fence of sufficient height and construction to contain the dog at all times.
c. A principal or accessory building may be used as part of the enclosure.
d. All gates and doors opening through the enclosure must be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in use, except the door of any building which forms a part of the enclosure need not be so equipped.
e. The building official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded by an enclosure built to the specifications of this subsection X1.
2. Structures for the shelter of horses and ponies are permitted in the ID zones and the RR-1 zone, but not in other zones. A minimum lot area of two (2) acres is required for the first horse or pony, plus one acre for each additional horse or pony. Commercial stables are regulated as a principal use, intensive animal related commercial, and are subject to the base zone regulations and the relevant approval criteria in article B of this chapter.
Y. Small Wind Energy Conversion Systems: Small wind energy conversion systems (SWECS) are allowed as accessory uses in certain zones subject to the applicable approval process, standards and restrictions as set forth in this subsection.
1. Permit Required:
a. It shall be unlawful to construct, erect, install, alter or locate a SWECS within the city of Iowa City, unless the owner/operator has obtained a building permit from the city of Iowa City.
b. The owner/operator of the SWECS shall obtain all applicable permits required by federal and state law prior to constructing the system.
2. Applicability And Approval Process:
a. Building mounted SWECS are allowed in the CI-1, CC-2, CH-1, CB-5, CB-10, I-1, I-2, RDP, ORP, P-1, P-2, and ID zones, in accordance with the standards and restrictions set forth in this subsection.
b. Freestanding SWECS that do not exceed a total extended height of forty five feet (45') are allowed in the I-1, I-2, RDP, ORP, P-1, P-2, ID-I, and ID-RP zones, in accordance with the applicable standards and restrictions set forth in this subsection. A special exception is required, however, for any freestanding SWECS proposed within three hundred feet (300') of a residential zone boundary.
c. A special exception is required for any freestanding SWECS that exceed a total extended height of forty five feet (45') in the I-1, I-2, RDP, ORP, P-1, P-2, ID-I, and ID-RP zones.
3. Feasibility Study Recommended:
a. It is highly recommended that a feasibility study be made of any site prior to installing a wind turbine. The feasibility study should include measuring actual wind speeds at the proposed turbine site for at least three (3) months. The applicant for a SWECS building permit shall indicate whether a feasibility study has been conducted and the results of any such study.
b. The grant of a special exception or issuance of a building permit for a SWECS does not constitute the granting of an easement by the city of Iowa City. The SWECS owner/operator shall have the sole responsibility to acquire any covenants, easements, or similar rights to assure or protect access to sufficient wind as may not be necessary to operate the SWECS.
4. Size And Number Of Systems Per Lot:
a. If allowed in the subject zone, no more than one freestanding SWECS that is taller than the tallest existing principal building on the property may be permitted. If allowed in the subject zone, additional freestanding SWECS that conform to setback requirements and other standards contained herein and that are no taller than the tallest existing principal building located on said property may be permitted. Additional building mounted SWECS may be allowed within the parameters of this subsection.
b. Any one SWECS proposed for the subject property may not exceed a nameplate rated capacity greater than one hundred (100) kilowatts. However, in no case shall the generating capacity of aggregated SWECS on a property exceed anticipated energy needs for on site consumption.
5. Lot Size Standards:
a. The minimum lot size for a freestanding SWECS shall be one acre.
b. The minimum lot size for a building mounted SWECS shall be one acre if mounted on a building five (5) stories or less in height.
c. There shall be no minimum lot size for building mounted SWECS if mounted on a building six (6) or more stories in height.
6. Setbacks:
a. The minimum distance between any freestanding SWECS and any property line or any existing, proposed, planned, or anticipated public street right of way or public trail shall be a distance that is equivalent to one hundred fifteen percent (115%) of the total extended height. If the certificate of insurance for the SWECS requires a greater setback than the setback required herein, the setback shall be increased to meet the insurance requirement. The setback shall be measured from the point of the SWECS closest to the property line or existing, proposed, planned, or anticipated public street right of way or public trail, including the blade at its greatest horizontal extension.
b. The required setback for any building mounted SWECS shall be equal to the required setback of the principal building to which the SWECS is to be attached.
7. Additional Siting Standards:
a. No portion of a vertical axis SWECS blade shall extend within twelve feet (12') of the ground.
b. No portion of a horizontal axis SWECS blade shall extend within thirty feet (30') of the ground.
c. The blades of any freestanding SWECS may not extend within twenty feet (20') of a parking area, driveway, tree, structure, outdoor use area, pedestrian walkway, or aboveground utility structure or facility.
d. No part of a SWECS shall be located within or over drainage, utility or other established easements.
e. No SWECS shall be constructed so that any part thereof can extend within twenty feet (20') laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five feet (5').
f. A SWECS shall be located in compliance with the guidelines of applicable federal aviation administration (FAA) regulations as amended.
8. Height Standards: Small wind energy conversion systems are exempt from the maximum height standards of the base zone, however the following height restrictions apply:
a. For freestanding SWECS, the total extended height of SWECS shall not exceed the following:
(1) For lots of one but fewer than three (3) acres: Sixty five feet (65') maximum.
(2) For lots of three (3) to seven (7) acres: Eighty feet (80') maximum.
(3) For lots more than seven (7) acres, but less than fifteen (15) acres: One hundred feet (100') maximum.
(4) For lots more than fifteen (15) acres: One hundred fifty feet (150') maximum.
b. For building mounted SWECS, the hub height shall not be more than ten feet (10') higher than the point of attachment to the building on which it is attached.
9. Design Standards:
a. Only monopole towers shall be permitted for freestanding SWECS. Lattice or guyed towers of any other type are prohibited.
b. Freestanding SWECS shall be a neutral color such as white, sky blue or light gray. Building mounted SWECS shall match or be complementary in color to the building to which it is attached. Other colors may be allowed at the discretion of the board of adjustment. The surface shall be nonreflective.
c. No lights shall be installed on the tower, unless required to meet FAA regulations.
d. No signage or advertising of any kind shall be permitted on the tower or any associated structures.
e. The tower must be designed to prevent climbing within the first twelve feet (12') of height above grade.
10. Coordination With Local Utility Company:
a. Utility Notification: The city of Iowa City shall notify the applicable utility company of receipt of an application to install an interconnected customer owned generator. Off grid systems shall be exempt from this notification requirement.
b. Interconnection: The SWECS, if not off grid, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa utilities board. No permit of any kind shall be issued until the city of Iowa City has been provided with a copy of an executed interconnection agreement. Off grid systems shall be exempt from this requirement.
c. Restriction On Use Of Electricity Generated: A SWECS shall be used exclusively to supply electrical power to the owner for on site consumption, except that excess electrical power generated by the SWECS and not presently needed for use by the owner may be used by the utility company in accordance with section 199, chapter 15.11(5) of the Iowa administrative code, as may be subsequently amended.
11. Performance Standards: An applicant shall provide evidence to the city that the following standards will be met:
a. Noise: A SWECS shall be designed, installed and operated so that the noise generated does not exceed fifty (50) decibels (dBA) when measured from the nearest point on property line to the SWECS.
b. Shadow Flicker: No SWECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential structure.
c. Safety Controls: Each SWECS shall be equipped with both automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent backfeeding of the grid.
d. Structural Integrity: Building mounted SWECS shall be prohibited unless the owner has obtained a written analysis from an Iowa licensed structural engineer determining that installation of a SWECS will not cause damage to the structure and that the SWECS can be securely fastened so as to not pose a hazard caused by detaching from the structure.
e. Maintenance: Facilities shall be well maintained in accordance with manufacturer's specifications and shall remain in an operational condition that poses no potential safety hazard nor is in violation of any provisions contained within this article or elsewhere within this Code.
f. Shutoff: A clearly marked and easily accessible shutoff for the wind turbine will be required as determined by the building official.
g. Electromagnetic Interference: All SWECS shall be designed and constructed to not cause radio and television interference. If it is determined that the SWECS is causing electromagnetic interference, the owner/operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the approval of the building official. A special exception or permit granting a SWECS may be revoked if electromagnetic interference from the SWECS becomes evident.
h. Compliance With National Electric Code: Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the design and manner of installation conforms to the State National Electric Code.
i. Insurance: A person seeking a building permit to erect a small wind energy system shall provide evidence, in the form of a certificate of insurance satisfactory to the City of Iowa City, showing general liability insurance coverage for the installation and operation of the system under a standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility.
j. Engineer Certification: Applications for any SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the SWECS showing compliance with the applicable regulations and certified by an Iowa licensed professional engineer shall also be submitted.
k. Installation: Installation must be done according to manufacturer's specifications. All wiring and electrical work must be completed according to the applicable Building and Electric Codes. All electrical components must meet code recognized test standards.
l. Removal: If the SWECS remains nonfunctional or inoperative for a continuous period of six (6) months, the system shall be deemed to be abandoned. The SWECS owner and/or the owner of the property shall remove the abandoned system at their expense. To comply with this requirement, the entire structure, transmission equipment and any surrounding fencing must be removed from the property, excluding foundations. Nonfunction or lack of operation may be proven by reports from the interconnected utility. For off grid systems the City of Iowa City shall have the right to enter the property at its sole discretion to determine if the off grid system is generating power. Such generation may be proven by use of an amp meter. The SWECS owner/operator and any successors shall make available to the Director of Housing and Inspection Services or designee any and all reports or documents needed to determine functionality, if requested. If removal of towers and appurtenant facilities is required, the Director of Housing and Inspection Services Department or designee shall notify in writing the SWECS owner and/or the owner of the property on which the SWECS is located. Removal shall be completed within six (6) months of the date of said written notice.
Z. The Keeping Of Chickens And Structures For The Shelter Of Chickens: The keeping of chickens and structures for the shelter of chickens is permitted for detached single-family uses subject to the restrictions and provisions set forth in title 8, chapter 4, "Animal Services", of this Code.
AA. Rooftop Service Areas (RSAs): Rooftop service areas (RSAs), as defined in chapter 9, article A of this title, are allowed in accordance with the regulations indicated in this subsection and table 4C-2 of this section. Where an RSA is allowed as a provisional use, the application for such approval shall be administered through the design review process. Where an RSA is allowed only by special exception, an application for such approval must be reviewed and approved by the board of adjustment. Any RSA accessory to a use that is licensed by the state to sell alcoholic beverages is considered a type of "outdoor service area", as defined in section 4-1-1 of this code, and is subject to the applicable regulations in title 4, "Alcoholic Beverages", of this code. Additional approval criteria apply to RSAs proposed for nonconforming drinking establishments, as set forth in subsection AA2 of this section.
Zone | General Rules | Requirements |
ID zones, I-1, I-2 | None permitted | Not applicable |
Residential zones | None permitted | Not applicable |
CO-1, CN-1, MU, RFC-G | Allowed as provisional uses | Compliance with approval criteria listed below. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in title 4, "Alcoholic Beverages", of this code. Maximum occupancy: 30, or the maximum occupancy for the principal use, whichever is less. Hours of operation limited to: 10:00 A.M. to 10:00 P.M. or when the kitchen is closed, whichever is more restrictive. |
CI-1, CC-2, CH-1, CB-2, CB-5, RDP, ORP | Allowed as provisional uses within the hours of operation and occupancy limits stated in this table. An RSA operating outside of the hours of operation or occupancy limits set forth in this table may be allowed by special exception. However, if located within 100 feet of a residential zone, no special exception is allowed. | Compliance with approval criteria listed below. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in title 4, "Alcoholic Beverages", of this code. Maximum occupancy: 30, or the maximum occupancy for the principal use, whichever is less. Hours of operation limited to: 10:00 A.M. to 10:00 P.M. or when the kitchen is closed, whichever is earlier. For RSAs that require a special exception, compliance with the general special exception approval criteria set forth in section 14-4B-3 of this chapter. |
RFC zones, except RFC-G | If accessory to: Hospitality oriented retail use: Allowed as a provisional use in accordance with the hours of operation set forth in this table. An RSA operating outside these hours may be allowed by special exception. Commercial recreational use or eating establishment: Allowed as a provisional use, provided the RSA has an occupancy limit of 30 people or less and is in accordance with the hours of operation set forth in this table. An RSA operating outside of these hours of operation or occupancy limits may be allowed by special exception. Drinking establishment or other principal use not listed above: Allowed only by special exception. | Compliance with approval criteria listed below. For RSAs that require a special exception, compliance with the general special exception approval criteria set forth in section 14-4B-3 of this chapter. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in title 4, "Alcoholic Beverages", of this code. Hours of operation limited to: 10:00 A.M. to 10:00 P.M. - Sunday - Thursday. 10:00 A.M. to 12:00 midnight - Friday, Saturday, or when the kitchen is closed, whichever is earlier. If located within 100 feet of a residential zone, the maximum occupancy shall be 30 and the hours of operation shall be limited to 10:00 A.M. to 10:00 P.M. daily or when the kitchen is closed, whichever is earlier. These limits may not be exceeded by special exception. |
CB-10 | If accessory to: Hospitality oriented retail use: Allowed as a provisional use. Commercial recreational use or eating establishment: Allowed as a provisional use, provided the RSA has an occupancy limit of 50 people or less. A special exception is required for RSAs proposed to exceed this occupancy limit. Drinking establishments or other principal uses not listed above: Allowed only by special exception. | Compliance with approval criteria listed below. For RSAs that require a special exception, compliance with the general special exception approval criteria set forth in section 14-4B-3 of this chapter. For RSAs serving alcohol, compliance with applicable regulations for outdoor service areas in title 4, "Alcoholic Beverages", of this code. If located within 100 feet of a residential zone, maximum occupancy is 30 and hours of operation limited to 10:00 A.M. to 10:00 P.M. daily or when the kitchen is closed, whichever is more restrictive. These limits may not be exceeded by special exception. |
1. Approval Criteria For Rooftop Service Areas:
a. Accessibility: The RSA shall meet all building and fire code requirements, be ADA compliant, include elevator service, and have accessible restrooms provided.
b. Design: The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and will prevent nuisance and safety issues. The applicant shall submit a design plan with the application for an RSA that, at a minimum, specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes, elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the board of adjustment may impose additional or more restrictive conditions to mitigate any anticipated externalities, including, but not limited to, restrictions on hours of operation, lighting, size, occupancy load, and setback and screening requirements.
(1) The RSA shall be located directly adjacent to or above the use to which it is accessory and there shall not be other uses located on floors in between the RSA and the use to which it is accessory.
(2) The RSA must be set back from adjacent upper floor uses and the edge of the roof and screened and completely enclosed within a decorative fence or wall built of high quality, durable materials. Landscaping elements, such as planters and green roofs, may be used to soften views or provide a buffer. The setback and screening must be established in a manner that will not unduly block light, air, or outdoor views from upper floor windows on abutting buildings.
(3) The RSA must be set back a minimum of ten feet (10') from the street facing edge of the roof. A smaller buffer between the RSA and the roof parapet or guardrail may be allowed, provided the buffer is determined to adequately address public safety. The buffer and screen wall shall be of a sufficient depth and/or height and constructed of attractive, durable materials that may also include landscaping elements to prevent persons from leaning or dropping things over the parapet or guardrail that encloses the terrace or rooftop. A design of the proposed buffer and screen wall shall be submitted with the application.
(4) The lighting must comply with chapter 5, article G, "Outdoor Lighting Standards", of this title. Except for any lighting required by the building code, lights must be turned off when the RSA is not in operation. A lighting plan shall be submitted that illustrates compliance with these standards.
(5) No signs shall be allowed in or on the exterior wall or fence of the RSA that are within public view, as defined in chapter 9, article A of this title.
c. Management:
(1) For RSAs that are also outdoor service areas, as defined in title 4 of this code, there must be an RSA management plan in place and at least one employee must be designated to monitor the safety and compliance of the RSA during hours of operation. The proposed management plan shall be submitted with the application. If nuisance or safety issues arise, the city may require immediate changes to the management plan and/or the number of monitors to remedy the situation and reserves the right to suspend or revoke the RSA permit.
(2) In the CB-10 zone, where the building containing the RSA abuts or is directly across a public alley from a property containing upper floor residential uses or hotel rooms that have windows facing the RSA, the hours of operation of the RSA are limited to ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday and ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight Friday and Saturday.
d. Food Service: If alcohol is being served, food service must be provided. Prior to approval of an RSA, the applicant must submit evidence indicating how this requirement will be met.
e. Noise: The design of the RSA must minimize the carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, or similar, may be required. Evidence of such a noise mitigation plan must be included with an RSA application. In addition, after an RSA is established, the city reserves the right to require additional measures to remedy any violation of the city's noise or nuisance ordinance, as determined by the city.
f. Amplified Sound: Due to the potential nuisance to neighboring properties and the general public in the surrounding neighborhood, amplified sound is only allowed for RSAs associated with hospitality oriented retail uses in the RFC-SD subdistrict and for RSAs in the CB-10 zone, subject to the limitations set forth below. RSAs accessory to hospitality oriented retail uses are not required to obtain a temporary use permit, but must comply with the city's noise and nuisance ordinance, and the standards stated below. Amplified sound is only allowed for an RSA in the CB-10 zone upon receipt of a seasonal temporary use permit, unless it is accessory to a hospitality oriented use. Permits for amplified sound are subject to the standards and restrictions set forth below and the general approval criteria for temporary uses as set forth in article D of this chapter. A temporary use permit may be denied or rescinded at the discretion of the city if noise becomes a nuisance or terms of the temporary use permit or the special exception conditions are violated.
(1) If an RSA is located within three hundred feet (300') of a residential zone, amplified sound is prohibited;
(2) The city may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of twelve o'clock (12:00) midnight and ten o'clock (10:00) A.M.;
(3) No live entertainment using amplification shall be allowed;
(4) Amplified sound may be restricted or prohibited during public events, festivals or concerts;
(5) The applicant must demonstrate to the satisfaction of the city that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, control of volume, or similar may be required.
2. Additional Special Exception Approval Criteria For Nonconforming Drinking Establishments: An RSA accessory to a nonconforming drinking establishment may be allowed by special exception provided it meets the general approval criteria for special exceptions set forth in section 14-4B-3 of this chapter, the approval criteria stated above for all RSAs and the additional approval criteria listed below:
a. The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contiguous means there may not be other uses located on floors in between the drinking establishment and the accessory RSA.
b. There shall be no horizontal expansion of the licensed drinking establishment, except as allowed per 14-4E-5G;
c. There shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements or conditions of the special exception, or except as allowed per 14-4E-5G. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 12-4497, 10-2-2012; Ord. 12-4503, 12-4-2012; Ord. 13-4550, 9-17-2013; Ord. 14-4587, 6-3-2014; Ord. 14-4595, 8-19-2014; Ord. 15-4641, 9-15-2015; Ord. 16-4675, 9-20-2016; Ord. 18-4744, 4-2-2018; Ord. 20-4833, 11-17-2020; Ord. 21-4856, 5-18-2021; Ord. 22-4882, 6-21-2022; Ord. 23-4893, 1-24-2023)