ORDINANCE NO. 24 - 6
AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF MASON CITY, IOWA AMENDING THE CITY CODE TITLE 12 “ZONING REGULATIONS”: 12-1; 12-2; 12-5; 12-7; 12-13; 12-15; 12-16; 12-20
BE IT ORDAINED by the City Council of the City of Mason City, Iowa:
SECTION 1: Chapter 12-1, Introduction, is amended as follows:
The following text is inserted as Sections 12-1-5 and 12-1-6, with all subsequent sections renumbered accordingly:
12-1-5 Annexed Territory
All land annexed to the City subsequent to the effective date of this ordinance shall be zoned Z1, Agriculture District.
A. No structure shall hereafter be erected, reconstructed, structurally altered, enlarged, added to or removed, nor shall an excavation for any structure be commenced unless a zoning permit has been issued by the Administrative Officer.
B. All zoning permits issued under this Chapter shall expire and be null and void twelve (12) months after issuance unless work has commenced under the permit prior to the deadline. An application for a zoning permit shall be filed with the Administrative Officer and shall be accompanied by a drawing or plat showing sufficient information as the Administrative Officer requires for the enforcement of this chapter.
C. The City Council shall establish fees for the zoning permit by resolution.
The definitions for LOT OF RECORD and MULTIPLE FLATS are repealed in their entirety and replaced with the following:
LOT OF RECORD. A lot which that is part of a subdivision, and where the map of which has been recorded in the office of the county recorder of Cerro Gordo County, or a lot or parcel of land not so platted or subdivided, for which a deed or registered land survey has been recorded in the office of the county recorder of Cerro Gordo County.
MULTIPLE FLATS: A building containing three (3) or more dwelling units.
A. A new Subparagraph 4 is appended to Section 12-5-3.A, as follows:
4. To allow an exception to the maximum lot width or lot depth requirements for a lot of record in an edgeyard disposition in the Z2 Sub Urban District, provided that no special exception may be granted for a lot width greater than one hundred fifty (150) feet or a lot depth greater than two hundred (200) feet. A request for a greater increase in lot width or lot depth for a lot of record in the Z2 District, or for a variation from the lot width or lot depth standards for a lot of record in any other district, shall only be considered by the board as a variance.
B. Section 12-5-3.C, Standards, and subparagraph 12-5-3.C.1, are repealed in their entirety and replaced with the following:
1. In the case of an exception to the setback requirements, the need for the special exception results from exceptional narrowness, shallowness, or shape of a specific piece of property of record, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific parcel or property.
SECTION 4: Chapter 12-7, Development Review Process, is amended as follows:
A. Section 12-7-9, Site Plan Modifications, subsection A, Minor Changes, subparagraph 1, is repealed in its entirety and replaced by the following:
1. Any variations from Ordinance requirements shall be subject to the established review and hearing procedures for special exception or variance approval.
B. Section 12-7-13 and subsection A thereof are repealed in their entirety and replaced with the following:
12-7-13 Variances, Special Exceptions, Rezoning and Plats of Subdivision
A. Variances, Special Exceptions and Rezoning: The DRC shall review variances, special exception, and rezoning requests only when requested as part of a development site plan review as required by this chapter. The DRC may provide comments or recommendations to the Zoning Board of Adjustment or the Planning and Zoning Commission, as applicable, but may not assume the powers of the respective bodies nor allow any development in conflict with decisions made by those bodies or by the City Council.
SECTION 5: Chapter 12-13, Z5 Central Business District, is amended as follows:
A new subparagraph 4 is appended to Section 12-13-6.E, Additional Requirements for Historic and Significant Buildings, as follows:
4. Exceptions. No certificate of appropriateness is required for the following activities, subject to the review and approval of the Administrative Officer:
a. Normal repair and maintenance work which does not alter original materials, patterns, dimensions, location, style, size and type.
b. Interior decoration, interior remodeling, and interior renovation not involving a change in the use of the property.
c. Façade illumination that illuminates only the subject property.
d. Reroofing of any roof surface, provided that any new material match those of the previous in composition, size, shape, color and texture.
e. Alteration of any flat roof when no change is visible from the ground.
f. Repointing of mortar joints with mortar matching in composition, color and texture to the original.
g. Replacement of deteriorated wood siding or trim if less than five percent of any façade and if replacement wood matches the original exactly.
h. Removal of non-original materials siding made of metal, aluminum, vinyl, particle board, asphalt, asbestos, plywood, hardboard, or synthetic masonry.
i. Installation of interior storm windows.
j. Replacement of missing or broken glass with new glass to match the previous.
k. Repainting or touch up of previously painted surfaces with appropriate colors for the historic architectural styles represented in the area.
l. Window air conditioning units requiring no alteration to the window or opening and on a non-primary façade.
m. HVAC and utility equipment on roofs not visible from street level.
n. Exterior surface-mounted vents, such as those for dryers, heaters, bathrooms, and kitchens, if no larger than one (1) square foot and not visible from the street.
o. Work necessary for compliance with a lawful order of the City, including any permit necessary to correct what is determined by the issuing officer to be an immediate health or safety problem; provided that such order expressly exempts the alteration or physical modifications from certificate of appropriateness procedures.
SECTION 6: Chapter 12-15, Z7 Specific Use District, is amended as follows:
A new subsection B is appended to Section 12-15-5, Z7-6 District, as follows:
B. Signs. A sign advertising a business located on a parcel containing a residential function shall meet the requirements for signs in the Z2 and Z3 districts, as outlined in chapter 20 of this title. A sign advertising a business located on a parcel containing a mixed-use function or any function other than residential functions shall meet the requirements for signs in the Z4 District, as outlined in chapter 20 of this title.
SECTION 7: Chapter 12-16, Zoning Standards, is amended as follows:
A. Section 12-16-3, Fences, subsection B, Construction and Maintenance, subparagraph 2, is repealed in its entirety and replaced with the following:
2. The materials and design shall also be compatible with other structures in the area in which the fence is located and shall not cause blight or a negative impact. Recycled or construction materials, such as pallets, doors, windows, corrugated metal or other metal typically used for walls or roofs, or other materials not specifically designed for fencing are not permitted. Use of fabric, plastic or other non-rigid material as fencing or attached to fences is not permitted, except in conjunction with a construction project as a temporary measure to prevent erosion.
B. Section 12-16-3, Fences, subsection G, Z2 and Z3 District Fence Standards, is repealed in its entirety and replaced with the following:
G. Z2, Z3, Z7-5, and Z7-6 District Fence Standards: All residential district fences shall be placed within the property being fenced
C. The following text is appended to Section 12-16-3.G as subparagraph 5:
5. In the Z7-6 Golf Course Development District, the above requirements shall apply to fences serving residential forms and functions.
D. Section 12-16-3, Fences, subsection H, Z4 and Z6 Fence Standards, is repealed in its entirety and replaced with the following:
H. Z4, Z6, and Z7-6 Fence Standards: All commercial and industrial fences shall be placed within the property being fenced.
E. The following text is appended to Section 12-16-3.H as subparagraph 4:
4. In the Z7-6 Golf Course Development District, the above requirements shall apply to fences serving mixed-use and non-residential forms and functions.
F. Section 12-16-3, Fences, subsection J, Z7 Fence Standards, is repealed in its entirety and replaced with the following:
J. Z7 Fence Standards: Except for the Z7-5 and Z7-6 districts as outlined above, fence standards for the Z7 District shall be established at the time of site plan compliance review.
G. Section 12-16-4, Required Fencing and Screening, subsection A, Fencing and Screening, is repealed in its entirety and replaced with the following:
A. Fencing And Screening: Any property containing a non-residential form or function, except agriculture and farming, that abuts property zoned Z2, Z3, Z7-5, or residential forms and functions in the Z7-6 District shall provide screening along that boundary. Screening shall also be provided where a non-residential form or function is across the street from a Z2, Z3, or Z7-5 District. All fencing and screening specifically required by this title shall consist of either a fence or a green belt planting strip as provided for below:
H. Section 12-16-4, Required Fencing and Screening, subsection A, Fencing and Screening, subparagraph 3, is repealed in its entirety and replaced with the following:
3. Self-storage and outdoor storage areas in the Z4, Z6, and Z7 districts shall meet the fencing and screening requirements of subsection 12-16-5K of this chapter.
J. Section 12-16-5, Required Landscaping and Screening, subsection K, Landscaping Requirements For Outdoor Storage And Mini-Warehouse Self-Storage, sub-subparagraph 1.b, is repealed in its entirety and replaced with the following:
b. Z4 and Z7 Districts: Outdoor storage areas and mini-warehouse self storage in the Z4 Multi-Use District and the Z7 Specific Use District shall be screened from view of any adjacent public street or sidewalk, and from any adjacent property in the Z2 Sub-Urban, Z3 General Urban, or Z7-5 Conservation Subdivision zone districts, and from any property containing a permitted residential use in the Z7-6 Golf Course Development, with one or more of the following:
K. Section 12-16-6, Traffic Visibility, subsection B, Alleys and Driveways, is repealed in its entirety and replaced with the following:
B. ALLEYS AND DRIVEWAYS: Except for buildings in the Z5 District, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet (2’) and eight feet (8’) where it will interfere with traffic or pedestrian visibility from a driveway or alley to a public way. These regulations shall apply unless it can be demonstrated to the Administrative Officer that the planting, structure, or other obstruction provides an unobstructed view so as not to create a safety hazard.
L. Section 12-16-23, Accessory Buildings in Residential Districts, first paragraph (unnumbered), is repealed in its entirety and replaced with the following:
In the Z1, Z2, Z3, Z7-5 and Z7-6 districts, on lots where a residential dwelling is the principal function, an accessory building may only be located on a lot that also contains a principal building. In addition, the following requirements shall apply:
SECTION 8: Chapter 12-20, Sign Regulations, is amended as follows:
A. Section 12-20-2, Definitions: the definition for PORTABLE SIGN is repealed in its entirety and replaced with the following text. The graphic shall be inserted below the revised definition.
PORTABLE SIGN EXAMPLES
PORTABLE SIGN: A sign mounted on a sign structure which, by its construction or nature, may be, moved from one location to another, and the principal intended use of the sign structure is advertising. The removal of the wheels or undercarriage does not place the sign in another category. Portable signs mounted on trailers, vehicles or connected to vehicles with hitch mechanisms are also considered to be portable signs. See examples. Portable signs do not include vehicle signs.
B. Section 12-20-2, Definitions: the following definition for VEHICLE SIGN shall be inserted into the text in the proper alphabetical location:
VEHICLE SIGN. A sign other than a portable sign attached to a vehicle, that usually, but not always, identifies the business name, service or other advertising or identifying information pertaining to the vehicle or the service provided by the vehicle on which the sign is attached, other than the license plate, vehicle brand name, or model name.
C. Section 12-20-4, Prohibited Signs, Table 1: Prohibited Signs, shall be repealed in its entirety and replaced with the following table: (continued next page):
12-20-4, TABLE 1: PROHIBITED SIGNS |
Signs prohibited in all zone districts: |
12-20-4, TABLE 1: PROHIBITED SIGNS |
Signs prohibited in all zone districts: |
Abandoned and/or obsolete signs |
Abandoned and/or obsolete sign structures |
Any sign not expressly permitted by this Chapter |
Any sign that is not a public sign that is located in, on, under or over a public right-of-way, except as allowed in section 12-20-6D of this chapter and title 5, chapter 1, article C of this Code |
Any sign that violates or advertises activities that violate City, State or Federal law |
Flashing signs, other than allowed message centers |
Flier signs |
Off premises advertising signs mounted to the wall or roof of a building |
Signs bearing or containing statements, words or pictures that describe or depict specified anatomical areas or specific sexual activities, as defined in title 13 of this Code |
Signs imitating or resembling official traffic or governmental signs or signals |
Swinging signs |
Vehicle signs, when the vehicle to which the sign is attached is: 1) not located on a property where the vehicle is providing services for which the vehicle is designed; 2) not located on the business property from which the vehicle’s services are provided or dispatched; or 3) not located on the property of the vehicle’s owner, lessee, or authorized operator. |
D. Section 12-20-5, Signs Allowed But Not Requiring and Zoning Permit, Table 2: Signs Allowed But Not Requiring and Zoning Permit, shall be repealed in its entirety and replaced with the following table: (continued on following page)
12-20-5, TABLE 2: SIGNS ALLOWED BUT NOT REQUIRING A ZONING PERMIT | ||
Z1 Z2 Z3 Z7-3 Z7-5 -6(1) | Z4 Z5 Z6 Z7-1 Z7-2 Z7-4 -6(2)) | |
12-20-5, TABLE 2: SIGNS ALLOWED BUT NOT REQUIRING A ZONING PERMIT | ||
Z1 Z2 Z3 Z7-3 Z7-5 -6(1) | Z4 Z5 Z6 Z7-1 Z7-2 Z7-4 -6(2)) | |
Transient Signs | ||
Area (max sq. ft.) | Per individual sign: 6 sq. ft. | Lots with <200 ft. of street frontage: Cumulative area of all signs: 16 sq. ft. |
Cumulative area of all signs:12 sq. ft. | Lots with =200 ft. of street frontage: Cumulative area of all signs: 32 sq. ft | |
Height (max. ft.) | 6 ft. | 8 ft. |
Location | May be placed within the required setbacks, but not within the traffic visibility zone (see Sec. 12-16-6) | May be placed within the required setbacks, but not within the traffic visibility zone (see Sec. 12-16-6) |
Time limits | Shall be removed within 10 days after the precipitating project, event, sale, or promotion is concluded | No limitation |
Balloons, Festoons and Other Promotional Devices | ||
Time limits | No more than 10 days per calendar year | No more than 30 days per calendar year |
Restrictions | On single family and two-family properties, may be used for noncommercial purposes only | |
Others (Allowed in all zone districts) | ||
Civic banners | ||
Directional/Informational signs. One (1) per street access, not to exceed 4 sq. ft. in area per sign. May be illuminated but may not flash. | ||
Holiday decorations | ||
Home occupations sign. One (1) attached sign per lot, advertising an allowed home occupation. Maximum area = 2 square feet. May not be illuminated. | ||
Incidental signs | ||
Public signs. Signs may be illuminated but may not flash; however, time/temperature and message centers are allowed. | ||
Signs mounted inside a building, that are not visible from the exterior of the building. | ||
Temporary window signs. May not be displayed for more than 30 consecutive days. | ||
Notes to Table 2: (1) Applies only to residential forms and functions in the Z7-6 District (2) Applies only to mixed-use and non-residential forms and functions in the Z7-6 District. | ||
E. Section 12-20-8, On Premises Sign Requirements, Table 3: On Premises Sign Requirements – Attached Signs, shall be repealed in its entirety and replaced with the following table: (continued on following page)
Z-1 Z7-5 | Z2 Z3 Z7-3 -6(5) | Z4 Z7-1 -2 -4 -6(6) | Z5 | Z6 | |||||
Z-1 Z7-5 | Z2 Z3 Z7-3 -6(5) | Z4 Z7-1 -2 -4 -6(6) | Z5 | Z6 | |||||
Attached Signs | |||||||||
Type allowed: | Wall, window | Wall, window | Wall, window, projecting, blade, message center | Wall, window, projecting, blade, message center, poster panel | Wall, window, projecting, message center | ||||
Cumulative Area (maximum square feet) | One/Two Family Residential uses: 2 All others: 32 Lots with 3 or more frontages: 64, but no more than 32 per any frontage (1) | One/Two Family Residential uses: 2 All others: 32 Lots with 3 or more frontages: 64, but no more than 32 per any frontage (1) | 20% of the area of the primary façade 10% of secondary façade (2) (3) | 10% of any façade (3) | 10% of the area of the primary façade 10% of secondary façade (3) | ||||
Location | Shall not be placed above the first floor | Shall not be placed above the first floor | Shall not exceed a height greater than 125% of the height. of the roofline | Area of wall signs placed above the first floor may not exceed 15% of allowed sign area | Shall not exceed a height greater than 125% of the height of the roofline | ||||
Additional Req’ts | (4) | (4) | (4) | ||||||
Notes to Table 3: (1) The required maximum area stated is cumulative for all signs, including both attached and detached signs (2) A portion of the allowed attached sign area may be placed on other facades, provided that the cumulative area of attached signs on any other façade does not exceed 10% of the area of that façade (3) There is no limit to the number of attached signs per façade, provided that the cumulative area for all attached signs does not exceed the required maximum. (4) See subsection 12-20-6E of this chapter for specific requirements for projecting signs, blade signs, message centers, and poster panel signs. (5) Applies only to residential forms and functions in the Z7-6 District (6) Applies only to mixed-use and non-residential forms and functions in the Z7-6 District. | |||||||||
F. Section 12-20-8, On Premises Sign Requirements, Table 4: On Premises Sign Requirements – Detached Signs, shall be repealed in its entirety and replaced with the following table: (continued on following page)
Z-1 Z7-5 | Z2 Z3 Z7-3 -6(7) | Z4 Z7-1 -2 -4 -6(8) | Z5 | Z6 | |
Z-1 Z7-5 | Z2 Z3 Z7-3 -6(7) | Z4 Z7-1 -2 -4 -6(8) | Z5 | Z6 | |
Detached Signs | |||||
Number | n/a | n/a | 1 per street frontage | 1 per lot | 1 per street frontage |
Type allowed | Monument signs only | Monument signs only | Monument, pole, message center, expressway | Monument, message center | Monument, pole, message center, expressway |
Area (maximum square feet) | One/Two Family Residential uses: 2 All others: 32 Lots with 3 or more frontages: 64, but no more than 32 per any frontage (1) | One/Two Family Residential uses: 2 All others: 32 Lots with 3 or more frontages: 64, but no more than 32 per any frontage (1) | 1 sq. ft. per ea. 1 foot of lot width; minimum 30 sq. ft. allowed; Cumulative maximum area=250 sq. ft. per lot (4) (6) | 1 sq. ft. per ea. 1 foot of lot width; minimum 20 sq. ft. allowed; Maximum area=100 sq. ft. | 1 sq. ft. per each 1 foot of lot width; minimum 30 sq. ft. allowed; Cumulative maximum area=200 sq. ft. per lot (4) (6) |
Location (feet) | May be within required setbacks | 5 feet from right-of-way | Monument signs may be within required setbacks Pole sign structure setback=5 ft. from right-of-way (5) (6) | May be within required setbacks | Monument signs may be within required setbacks Pole sign structure setback=5 feet from right-of-way (5) (6) |
Height (feet maximum) | 6 | 4 | On an arterial street: 35 All other streets: 25 Within 100 ft. of Z1, Z2 or Z3 districts: 25 (6) | 15 | On an arterial street: 35 All other streets: 25 (6) |
Add’l Req’ts | (2) (3) | ||||
Notes to Table 4: (1) The required maximum area shown is cumulative for all signs, including both attached and detached signs (2) Not permitted for single family and two family uses (3) The area around the sign shall be landscaped to accent and enhance the sign. Detailed site and landscape plans shall accompany the zoning review application. (4) The area of a monument sign may be increased by 10% of the formula amount (5) Setback measured from lot line to base of pole structure. The leading edge of an allowed pole sign may extend to the right-of-way line, but may not encroach into the right-of-way (6) See Section 12-20-6.E.5 for specific requirements for expressway signs. (7) Applies only to residential forms and functions in the Z7-6 District (8) Applies only to mixed-use and non-residential forms and functions in the Z7-6 District | |||||
G. Section 12-20-8, On Premises Sign Requirements, Table 5: On Premises Sign Requirements – Portable Signs, shall be repealed in its entirety and replaced with the following table: (continued on following page)
Z-1 Z7-5 | Z2 Z3 Z7-3 -6(4) | Z4 Z7-1 -2 -4 -6(5) | Z5 | Z6 | |
Z-1 Z7-5 | Z2 Z3 Z7-3 -6(4) | Z4 Z7-1 -2 -4 -6(5) | Z5 | Z6 | |
Portable Signs | |||||
Number per lot | Not permitted | 1 | 1 | Not permitted | 1 |
Area (max sq. ft.) | 32 | 32 | 32 | ||
Setback (ft.) | 10 feet from any lot line | 10 feet from any lot line | 10 feet from any lot line | ||
Height (ft. max) | 6 | 6 | 6 | ||
Time limits (days) | Up to 7 (1) | Up to 30 (1) | Up to 30 (1) | ||
Add’l Req’ts | (2) (3) | (3) | (3) | ||
Notes to Table 5: (1) There shall be a minimum of 60 days between the date of removal of a portable sign and the first day allowed by a new permit for a portable sign (2) Permitted only on a non-residentially used parcel that has at least 400 feet of frontage on a principal arterial (3) Portable signs may not displace any parking spaces required by this title (4) Applies only to residential forms and functions in the Z7-6 District (5) Applies only to mixed-use and non-residential forms and functions in the Z7-6 District | |||||
Section 9: That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Section 10: If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section thereof, or part thereof, not adjudged invalid or unconstitutional.
Section 11: This ordinance shall be in full force and effect upon its final passage, approval and publication as required by law.
PASSED AND APPROVED this 2
nd
day of April, 2024.
__________________
Bill Schickel, Mayor
ATTEST:
______________________
Aaron Burnett, City Clerk
1
st
consideration: March 5,2024
2
nd
consideration: March 19, 2024
3
rd
consideration: April 2, 2024