The purpose of this section is to establish a classification system for land uses and a consistent set of terms defining uses permitted or permitted with a special use permit within various zoning districts. This section also provides a procedure for determining the applicable use type of any activity not clearly within any defined use type. In the event of any question as to the appropriate classification and clarification to a zoning classification of any existing or proposed use or activity, the Zoning Administrator shall have the authority to determine the appropriate use type. A determination of the Zoning Administrator may be appealed to the Board of Adjustment. In making such determinations, the Zoning Administrator and Board of Adjustment shall consider such characteristics or specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The Zoning Administrator shall make all such determinations of appropriate use types in writing. The record of the determination shall contain a report explaining the reasons for the determination.
1. Agricultural Use Types. Agricultural use types include the on-site production and harvesting and processing of plant and animal products:
A. Horticulture – the growing of horticultural and floricultural specialties, such as flowers, shrubs or trees intended for ornamental or landscaping purposes. This definition may include accessory retail sales under certain conditions. Typical uses include wholesale plant nurseries and greenhouses.
B. Crop Production – the raising and harvesting of tree crops, row crops or field crops on an agricultural or commercial basis. This definition may include accessory retail sales under certain conditions.
C. Animal Production – the raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis on a site which is also used for crop production or where grazing of natural vegetation is the major feed source; or the raising of animals for recreational use. Typical uses include grazing, ranching, dairy farming and poultry farming.
D. Animal Raising, Personal – premises where agricultural animals are fed or kept for personal use and for agriculturally related projects by the owner or occupant of the premises. For this use, “agricultural animals” means livestock and poultry, including but not limited to the following domesticated animals: cattle, horses, sheep, goats, llamas, asses, mules, swine, chickens, turkeys, ducks, geese, ostriches, emus, rheas and guinea fowl. Domesticated chickens, turkeys, ducks, guinea fowl and geese are the only birds included in this use.
E. Commercial Feedlot – the use of a site for the confined feeding or holding of livestock or poultry within buildings, lots, pens, or other close quarters which are not used for crop production or where grazing of natural vegetation is not the major feed source.
F. Livestock Sales – the use of a site for the temporary confinement and exchange or sale of livestock. Typical uses include sales barns.
G. Urban Gardens - land, or a portion of land, used for the production of food or horticultural crops to be cultivated and harvested on-site. Limited sales and donation of fresh food and/or horticultural products grown on-site may occur on-site whether vacant or improved. Urban Gardens land uses may be a principal or accessory use. Urban Gardens may only be permitted as an accessory use through the approval of a special use permit.
(Ord. 972 - Jun. 20 Supp.)
2. Residential Use Types. Residential use types include uses providing wholly or primarily non-transient living accommodations. They exclude institutional living arrangements providing 24-hour skilled nursing or medical care, forced residence or therapeutic settings.
A. Single-Family Residential - the use of a site for one dwelling unit, occupied by one family. Mobile home units (manufactured homes not on permanent foundations) are not a single-family use type.
(1) Single-Family Residential (Detached): A single-family residential use in which one dwelling unit is located on a single lot, with no physical or structural connection to any other dwelling unit.
(2) Single-Family Residential (Attached): A single-family residential use in which one dwelling unit is located on a single lot and is attached by a party wall to only one other adjacent dwelling unit on another single lot. Said party wall shall meet the requirements of the City's Building Code.
B. Duplex - the use of a legally described lot for two dwelling units, each occupied by one family within a single building, excluding manufactured or mobile home units, but including modular housing units.
C. Townhouse Residential - The use of a site for three or more attached dwelling units, each occupied by one family and separated by party walls extending from foundation through roof without openings. Each townhouse unit must have at least two exposed exterior walls and be located on a separate lot. Said party walls shall meet the requirements of the City's Building Code.
D. Multiple-Family Residential - the use of a site for three or more dwelling units within one building in any vertical or horizontal arrangement or any number of units designed as part of a multi use building.
E. Group Residential - the use of a site for a residence by more than four unrelated persons, not defined as a family, on a weekly or longer basis. Typical uses would include fraternities, sororities or college dormitories.
F. Home Occupation / Home Office - an accessory use conducted entirely within a dwelling unit by its inhabitants, which is clearly incidental to the residential use of the dwelling unit or residential structure and does not change the residential character of its site. A home occupation or home office is a business, profession, occupation or trade conducted for gain or support.
G. Manufactured Home Residential - use of a site for one or more manufactured home dwellings.
H. Mobile Home Park - use of a site under single ownership for one or more mobile home units. Generally, the land on which mobile homes are placed in a mobile home park is leased from the owner of the facility.
I. Mobile Home Subdivision - division of a tract of land into lots that meet all the requirements of the City's Subdivision Ordinance for the location of mobile homes. Generally, a lot within a mobile home subdivision is owned by the owner of the mobile home placed upon such lot.
J. Retirement Residence - a building or group of buildings which provides residential facilities for more than four residents of at least 55 years of age, or households headed by a householder of at least 55 years of age. A retirement residence may provide a range of residential building types and may also provide support services to residents, including but not limited to food service, general health supervision, medication services, housekeeping services, personal services, recreation facilities and transportation services. The retirement residence may accommodate food preparation in independent units or meal service in one or more common areas. Retirement residences may include additional health care supervision or nursing care.
(Ord. 911 - Dec. 16 Supp.)
3. Civic Use Types. Civic use types include the performance of utility, educational, recreational, cultural, medical, protective, governmental and other uses which are strongly vested with social importance.
A. Administration – governmental offices providing administrative, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include Federal, State, County and City offices.
B. Cemetery – land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoria, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
C. Clubs – uses providing meeting, recreational, or social facilities for a private, non-profit or non-commercial association, primarily for use by members and guests.
(1) Recreational Clubs – clubs which provide indoor and/or outdoor athletic facilities, with or without social or meeting facilities. Typical uses include country clubs and private or nonprofit community or recreation centers.
(2) Social Clubs – clubs which provide primarily social or meeting facilities. Typical uses include private social clubs and fraternal organizations.
D. College and University Facilities – educational institutions of higher learning which offer a course of study designed to culminate in the issuance of a degree certified by a generally recognized accrediting organization.
E. Community Center – a facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational, cultural or educational needs of the community or neighborhood.
F. Convalescent Services – a use providing bed care and inpatient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease or communicable disease. Typical uses include nursing homes and retirement care facilities.
G. Cultural Services – a library, museum, or similar registered non-profit organizational use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts and sciences.
H. Day Care, Residential - classifications of day care that includes nursery schools, preschools, day care centers and similar uses but excludes public and private primary and secondary educational facilities. Day Care, Residential is a use type which is incidental to the primary use of the property as residential and meets home occupation criteria.
(1) Day Care Services (Limited) - a day care facility that provides care for not more than six (6) children.
(2) Day Care Services (Intermediate) - a day care facility that provides care for not more than twelve (12) children.
(Paragraph H - Ord. 712 - May 06 Supp.)
I. Day Care Services (General) – all classifications of day care facilities regulated by the State of Iowa that operate providing care for more than six (6) children. This term includes nursery schools, preschools, day care centers for children or adults, and similar uses but excludes public and private primary and secondary educational facilities.
J. Educational Facilities:
(1) Primary Education – a public, private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in schools within the State of Iowa.
(2) Secondary Education – a public, private, or parochial school offering instruction at the junior high or high school level in the branches of learning and study required to be taught in the schools of the State of Iowa.
K. Emergency Residential Services – a facility or use of a building to provide a protective sanctuary for victims of crime or abuse, including emergency housing during crisis intervention for victims of rape, abuse or physical beatings.
L. Family Home – a community-based residential home or a child foster care facility to provide room and board, personal care, habilitation services and supervision in a family environment exclusively for not more than eight (8) developmentally disabled persons and any necessary support personnel as permitted by and as limited by section 412.22, Code of Iowa. A minimum distance of five hundred feet (500') is required between each family home.
M. Group Care Facility – a government-licensed or approved facility which provides for resident care, short or long-term. Group Care Facilities include facilities which provide services in accordance with individual needs for the:
(1) Adaptation to living with, or rehabilitation from, the handicaps of physical disability.
(2) Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder; or developmental disabilities.
(3) Rehabilitation from the effects of drug or alcohol abuse.
(4) Supervision while under a program alternative to imprisonment, including but not limited to pre-release, work-release, and probationary programs.
(5) Others who require direct adult supervision.
N. Group Home – a facility licensed by the State of Iowa in which at least three but no more than eight persons, not including resident managers or house parents, who are unrelated by blood, marriage or adoption, reside while receiving therapy, training, living assistance, or counseling for the purpose of adaptation to living with or rehabilitation from a physical or mental disability as defined by the relevant provisions of the Code of Iowa or by the Fair Housing Amendments Act of 1988. A minimum distance of five hundred feet (500') is required between each group home.
O. Guidance Services – a use providing counseling, guidance, recuperative or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction or similar condition on a daytime care basis.
P. Health Care – a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees or visitors.
Q. Hospital – a facility providing medical, psychiatric or surgical service for sick or injured persons primarily on an inpatient basis, including emergency treatment, diagnostic services, training, administration and services to patients, employees or visitors.
R. Maintenance Facilities – a public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment service centers, and similar uses having characteristics of commercial services or contracting or industrial activities.
S. Park and Recreation Services – publicly owned and operated parks, playgrounds recreation facilities and open spaces.
T. Postal Facilities – postal services, including post offices, bulk mail processing or sorting centers operated by the United States Postal Service.
U. Public Assembly – facilities owned and operated by a public agency or a charitable non-profit organization accommodating major public assembly for recreation, sports, amusement or entertainment purposes. Typical uses include civic or community auditoriums, sports stadiums, convention facilities, fairgrounds, incidental sales and exhibition facilities.
V. Religious Assembly – a use located in a permanent building and providing regular organized religious worship and religious education incidental thereto (excluding private primary or private secondary educational facilities, community recreational facilities, day care facilities and incidental parking facilities). A property tax exemption obtained pursuant to Property Tax Code of the State of Iowa shall constitute prima facie evidence of religious assembly use.
W. Safety Services – facilities for conduct of public safety and emergency services including police and fire protection services and emergency medical and ambulance services.
X. Utilities – any above ground structures or facilities, other than lines, poles and other incidental facilities, used for the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, gas, oil, energy media, communications, electronic or electromagnetic signals, or other services which are precedent to development and/or use of land.
Y. Hospice – one main building or portion thereof in which terminally ill persons live in order to receive appropriate Medicare-certified hospice services. This definition includes an establishment or dwelling which provides full-time palliative and supportive care for terminally ill individuals and their families but does not include a hospital.
Z. Municipal Parking - a City parking lot or facility intended to serve as public off-street parking for which said use is the primary use of the property. (Ord. 776 May 08 Supp.)
4. Office Use Types. Office use types include uses providing for administration, professional services and allied activities. These uses often invite public clientele but are more limited in external effects than commercial uses.
A. Corporate Offices – use of a site for administrative, processing, or research offices, which generally does not provide service to clientele from Pella and the local surrounding region. Corporate offices are destinations for commuters drawn from a relatively wide region around Pella, as well as from the community itself. Typical uses include corporate headquarters offices, telemarketing, or information processing offices.
B. General Offices – use of a site for business, professional, or administrative offices who may invite clients from both local and regional areas . Typical uses include real estate, insurance, management, travel, or other business offices; organization and association offices; or professional offices.
C. Financial Services – provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are provided on site. Typical uses include banks, savings and loan associations, savings banks, and loan companies. An ATM (automatic teller machine) which is not accompanied on-site by an office of its primary financial institution is considered within the Personal Services Use Type.
D. Medical Offices – use of a site for facilities which provide diagnoses and outpatient care on a routine basis, but which does not provide prolonged, in-house medical or surgical care. Medical offices are operated by doctors, dentists or similar medical practitioners licensed for practice in the State of Iowa.
5. Commercial Use Types. Commercial uses include the sale, rental, service, and distribution of goods; and the provision of services other than those classified under other use types.
A. Agricultural Sales and Service – establishments or places of business engaged in sale, wholesale or retail, from the premises of feed, grain, fertilizers, farm equipment, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include nurseries, hay, farm implement dealerships, feed and grain stores, and tree service firms.
B. Bed and Breakfast – a lodging service that provides overnight or short-term accommodations to guests or visitors, usually including provision of breakfast. Bed and breakfasts are usually located in large residential structures that have been adapted for this use. For the purpose of this definition, bed and breakfasts are always owned and operated by the resident owner or resident manager of the structure, include no more than three (3) units, and accommodate each guest or visitor for no more than seven (7) consecutive days during any one-month period.
C. Boarding House – a lodging service that provides long-term accommodations to guest or visitors. Boarding houses are usually located in large residential structures that have been adapted for this use. For the purpose of this definition, boarding houses are always owned and operated by the resident owner or resident manager of the structure, include no more than three (3) units, and accommodate each guest or visitor for a period longer than seven (7) consecutive days during any one-month period.
D. Business Support Services – establishments or places of business primarily engaged in the sale, rental or repair of light equipment, supplies and materials or the provision of services used by office, professional and service establishments to the firms themselves but excluding automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms, messenger and delivery services, custodial or maintenance services, and convenience printing and copying.
E. Business or Trade Schools – a use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, or public or private educational facility.
F. Campground – facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents, which accommodate each guest or visitor for no more than seven (7) consecutive days during any one-month period.
G. Cocktail Lounge – a use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, and similar uses other than a restaurant as that term is defined herein.
H. Amusement Recreation - Private businesses or other organizations which may or may not be commercial by structure or by nature, which are primarily engaged in the provision or sponsorship of sports or recreation for participants or spectators. Typical uses include driving ranges, miniature golf, theaters, billiard or bowling centers, game arcades, or private skating facilities.
(Ord. 956 - Sept. 19 Supp.)
I. Communications Services – establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, but excludes those classified as utilities. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities. Broadcast towers and their minor ancillary ground structures are classified as “miscellaneous use types.”
J. Construction Sales and Services – establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware. This use type excludes those uses classified under automotive and equipment services. Typical uses include building materials sales or tool and equipment rental or sales.
K. Consumer Services – establishments which provide services, primarily to individuals and households, but excluding automotive use types. Typical uses include automated banking machines, appliance repair shops, watch or jewelry repair shops, or musical instrument repair shops.
L. Food Sales – establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Food sales establishments may include the sale of non-food items. However, the sales of non-food items may account for no more than the lesser of 25% of the sales area or 10,000 square feet of the food sales establishment. Typical uses include groceries, delicatessens, meat markets, retail bakeries and candy shops.
(1) Convenience Food Sales – establishments occupying facilities of less than 10,000 square feet; and characterized by sales of specialty foods or a limited variety of general items, and by the sales of fuel for motor vehicles.
(2) Limited Food Sales – establishments occupying facilities of less than 10,000 square feet; and characterized by sales of specialty foods or a limited variety of general items, but excluding the accessory sale of fuel for motor vehicles. Typical uses include delicatessens, meat markets, retail bakeries, candy shops, small grocery stores.
(3) General Food Sales – establishments selling a wide variety of food commodities and related items, using facilities larger than 10,000 but less than 40,000 square feet. Typical uses include grocery stores and locker plants and may include the sales of fuel for motor vehicles.
(4) Supermarkets – establishments selling a wide variety of food commodities, related items, and often providing a variety of non-food goods and services, using facilities larger than 40,000 square feet. Typical uses include large grocery stores and may include the sales of fuel for motor vehicles.
M. Funeral Services – establishments engaged in undertaking services such as crematoriums, preparing the human dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries.
N. Kennels – boarding and care services for dogs, cats and similar small mammals or large birds; or any premises on which four (4) or more animals included under this definition over six (6) months of age are kept and maintained. Typical uses include boarding kennels, ostrich raising facilities; pet motels or dog training centers.
O. Laundry Services – establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning facilities, diaper services or linen supply services.
P. Liquor Sales – establishments or places of business engaged in retail sale for off-premises consumption of alcoholic beverages. Typical uses include liquor stores, bottle shops or any licensed sales of liquor, beer or wine for off-site consumption.
Q. Lodging – lodging services involving the provision of room and/or board, but not meeting the classification criteria of bed and breakfasts. Typical uses include hotels, apartment hotels, and motels and inns.
R. Peddlers – any persons who travel within the City or have a temporary location in the City for the conduct of business and who have no permanent place of business in the City but offer or expose for sale goods, wares or merchandise, or who make sales and deliver articles to purchasers.
S. Personal Improvement Services – establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services of a non-professional nature. Typical uses include driving schools, health or physical fitness studios, music schools, reducing salons, dance studios, handicraft and hobby instruction.
T. Personal Services – establishments or places of business primarily engaged in the provision of services of a personal nature. Typical uses include beauty and barber shops; seamstress, tailor, or shoe repair shops; photography studios; television or electronics repair; or dry cleaning stations serving individuals and households. Personal services include establishments providing for the administration of massage or massage therapy carried out by persons licensed by the State of Iowa under the provisions of Chapters 148, 148A, 148B, 148C, 149, 150, 150A, 151, 152, 152B, 152C, 157 or 158 of the Code of Iowa when performing massage services as a part of the profession or trade for which licensed or persons performing massage services under the direction of a person so licensed; or persons performing massage services or therapy pursuant to the written direction of a licensed physician.
U. Pet Services – retail sales, incidental pet health services, and grooming and boarding, when totally within a building, of dogs, cats, birds, fish and similar small animals customarily used as household pets. Typical uses include pet stores, small animal clinics, dog bathing and clipping salons, and pet grooming shops, but exclude uses for livestock and large animals.
V. Research Services – establishments primarily engaged in research of an industrial or scientific nature. Typical uses include electronics research laboratories, space research and development firms, testing laboratories or pharmaceutical research labs.
W. Restaurants – a use engaged in the preparation and retail sale of food and beverages; including the sale of alcoholic beverages when conducted as a secondary feature of the use, producing less than fifty percent (50%) of the establishment’s gross income.
(1) (Drive-in or Fast Food) – an establishment which principally supplies food and beverages in disposable containers and is characterized by high automobile accessibility and on-site accommodations, self-service, and short stays by customers.
(2) (General) – an establishment characterized by table service to customers and/or accommodation to walk-in clientele, as opposed to drive-in or fast food restaurants. Typical uses include cafes, coffee shops, and restaurants.
X. Restricted Businesses – adult entertainment businesses. (See Section 165.24 in the Supplemental Use Regulations for a full definition.)
Y. Retail Services – sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by these use type classifications. Typical uses include department stores, apparel stores, furniture stores or establishments providing the following products or services: household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, plants, hobby materials, toys, and handcrafted items; apparel jewelry, fabrics and like items; cameras, photograph services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, hardware, carpeting and floor covering; interior decorating services; office supplies; mail order or catalog sales; bicycles; and automotive parts and accessories (excluding service and installation). General retail services include:
(1) Limited Retail Services – establishments providing retail services, occupying facilities of 3,000 square feet or less. Typical establishments provide for specialty retailing or retailing oriented to Pella and its surrounding vicinity.
(2) Medium Retail Services – establishments providing retail services, occupying facilities between 3,001 and 10,000 square feet in a single establishment or multi-tenant facility. Typical establishments provide for specialty retailing or general purpose retailing oriented to Pella and its surrounding vicinity.
(3) Large Retail Services – establishments providing retail services, occupying facilities between 10,001 and 40,000 square feet in a single establishment or multi-tenant facility. Typical establishments provide for specialty retailing or general purpose retailing oriented to Pella and its surrounding vicinity.
(4) Mass Retail Services – establishments providing retail services, occupying facilities over 40,000 square feet in a single establishment or multi-tenant facility. Typical establishments provide for general purpose retailing oriented to Pella and the surrounding region.
Z. Stables and/or Riding Academies – the buildings, pens and pasture areas used for the boarding and feeding of horses, llamas or other equine animals not owned by the occupants of the premises. This use includes instruction in riding, jumping and showing or the riding of horses/equines for hire.
AA. Solicitors – any persons who travel within the City or have a temporary location for the conduct of business, who solicit or take or attempt to take orders for sale or purchase of goods, wares or merchandise, including magazines, books, periodicals, real or personal property of any nature whatsoever for future delivery or for services to be performed or for the donation of money or financial assistance, whether or not such individuals have, carry or expose for sale a sample of the subject of such order or whether or not they are collecting advance payment on such orders. Such activity includes, but is not limited to, any persons who, for themselves or for other persons, hire, lease, use or occupy any building, motor vehicle, trailer, structure, tent, hotel room, lodging house apartment, shop or other place within the City for the primary purpose of exhibiting samples and taking orders for future delivery.
BB. Trade Services – establishments or places of business primarily engaged in the provision of services that are not retail or primarily dedicated to walk-in clientele. These services often involve services to construction or building trades and may involve a small amount of screened, outdoor storage in appropriate zoning districts. Typical uses include shops or operating bases for plumbers, electricians or HVAC (heating, ventilating, and air conditioning) contractors.
CC. Transient Merchants – any persons, whether as owners, agents or consignees, who engage in a temporary business of selling and delivering goods, wares, property, services and merchandise within the City, and who, in furtherance of said purpose, hire, lease, use or occupy any building, structure, motor vehicle, trailer, tent, hotel, motel or lodging house room, apartment, shop, street, alley or other place within the City, for the exhibition or sale of such goods, wares, services and merchandise, either privately or at public auction.
DD. Vehicle and Equipment Services – establishments or places of business primarily engaged in sale and/or service of automobiles, trucks, or heavy equipment. The following are considered automotive and equipment use types:
(1) Vehicle Rental and Sales – sale or rental of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles or boats, including incidental storage, maintenance, and servicing. Typical uses include new and used car dealerships; motorcycle dealerships; and boat, trailer, and recreational vehicle dealerships.
(2) Vehicle Services – provision of fuel, lubricants, parts and accessories, and incidental services to motor vehicles; and washing and cleaning and/or repair of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include service stations, car washes, muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, and similar repair and service activities but exclude dismantling, salvage, or body and fender repair services.
(3) Vehicle Body Repair - repair, painting, or refinishing of the body, fender, or frame of automobiles, trucks, motorcycles, motor homes, recreational vehicles, boats, tractors, construction equipment, agricultural implements and similar vehicles or equipment. Typical uses include body and fender shops, painting shops and other similar repair or refinishing garages.
(4) Vehicle Rental and Heavy Equipment Sales – sale or rental of trucks, tractors, construction equipment, agricultural implements, mobile homes and similar heavy equipment, including incidental storage, maintenance and servicing. Typical uses include truck dealerships, construction equipment dealerships and mobile home sales establishments.
(5) Vehicle and Heavy Equipment Services – repair of trucks, tractors, construction equipment, agricultural implements and similar heavy equipment. Typical uses include truck repair garages, tractor and farm implement repair services, and machine shops, but exclude dismantling, salvage, or body and fender repair services.
EE. Vehicle Storage (Short-term) - short-term storage of operating or non-operating vehicles for a period of no more than 21 days. Typical uses include storage of private parking tow-away or impound yards but exclude dismantling or salvage. Long-term storage beyond constitutes an industrial use type.
FF. Veterinary Services – veterinary services and hospitals for animals. Typical uses include pet clinics, dog and cat hospitals, pet cemeteries and crematoria, and veterinary hospitals for livestock and large animals.
GG. Print Shop - An establishment that produces printing plates and prints documents using printing presses and/or digital output with incidental retail services that may include convenience copying, booklet, brochure and similar document reproduction, scanning and/or film output, all of which are conducted entirely inside an enclosed building with no outside print operations or outside storage.
(Ord. 756 - Sept. 07 Supp.)
HH. Micropigmentation - Micropigmentation means the procedure in which minute, metabolically inert pigment granules are placed mechanically or manually below the epidermis for the purpose of cosmetic or corrective enhancement. Micropigmentation does not include Tattoo Parlor use as defined under 165.24 of this Code of Ordinances and shall be limited to application for facial cheeks, eyebrows, eyelids, lashes, lips, hair loss on the head, beauty or birth mark camouflage, scar camouflage, toes and fingernails loss camouflage, lightening or camouflage of unwanted tattoos, uneven pigmentation camouflage, or breast reconstruction. Application to other body areas shall be considered as Tattoo Parlor use.
(Ord. 826 - Oct. 10 Supp.)
II. Brewpub - A restaurant which includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops, and yeast into beer or ale. By definition, said establishments produce no more than ten thousand (10,000) barrels of beer or ale annually. The area, by definition, used for brewing, including bottling and kegging, shall not exceed twenty-five percent (25%) of the total floor area of the commercial space.
(Ord. 931 - Jan. 19 Supp.)
JJ. Brewery, Micro - A business that brews beers, ales, and/or similar beverages on-site. This definition requires the manufacturing and packaging of beer, ales, and/or similar beverages to be the principal use and produces no more than ten thousand (10,000) barrels of beer or ale annually. The area used for brewing, including bottling and kegging, shall not exceed fifty percent (50%) of the commercial floor space. By definition, a microbrewery may include the preparation and retail sale of food and beverages as an accessory use. No class C liquor license (LC) will be allowed in conjunction with the microbrewery; having such license will classify the establishment as a "cocktail lounge" for the purposes of this definition.
(Ord. 942 - Jan. 19 Supp.)
KK. Commercial Event Venue - An establishment that is leased on a temporary basis before the event by individuals or groups who reserve the facility to accommodate private functions including, but not limited to, banquets, weddings, anniversaries, receptions, business organizational meetings, and other similar functions, to which the general public is not admitted. Such establishments may include kitchen facilities for the preparation of food and areas for dancing, dining, and other entertainment activities that customarily occur in association with banquets, weddings, or receptions. A commercial event venue does not include amusement recreation, cocktail lounge, cultural service, or restaurant.
(Ord. 956 - Sep. 19 Supp.)
6. Industrial Use Types. Industrial use types include the on-site extraction, storage, manufacture, assembly, processing or production of goods by nonagricultural methods, and the storage and distribution of products.
A. Construction Yards – establishments housing facilities of businesses primarily engaged in construction activities, including incidental storage of materials and equipment on lots other than construction sites. Typical uses are building contractor’s yards.
B. Custom Manufacturing – establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving:
(1) The use of hand tools, or
(2) The use of domestic mechanical equipment not exceeding 2 horsepower, or
(3) A single kiln not exceeding 8 KW or equivalent.
This category also includes the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, custom jewelry manufacturing, candle making shops.
C. Light Industry – establishments engaged in the manufacture or processing of finished products from previously prepared materials, including processing, fabrication, assembly, treatment and packaging of such products entirely within an enclosed structure, and incidental storage, sales and distribution. These establishments are characterized by having no major external environmental effects such as noise, odor, smoke and vibrations across property lines and utilizing screening for storage areas as defined in Section 165.31 of this chapter. Typical uses include dressed beef processing plants, soft drink bottling, apparel assembly from fabrics, electronics, manufacturing, print shops and publishing houses, lumber yards, machine shops, monument sales yards, plumbing and heating shops. Drive-in theaters are considered as a light industry type for purposes of this chapter due to their external effects.
D. General Industry – enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from prepared materials or from raw materials without noticeable noise, odor, vibration, or air pollution effects across property lines. Outdoor storage is permitted with proper screening in accordance with Section 165.31 of this chapter.
E. Heavy Industry – enterprises involved in the basic processing and manufacturing of products, predominately from raw materials, with noticeable noise, odor, vibration or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, radioactive or other commonly recognized hazardous materials. Outdoor storage is permitted with proper screening in accordance with Section 165.31 of this chapter. The following heavy industry uses are allowed in the M2 District subject to special use permit approval from the Board of Adjustment: acid manufacture or wholesale storage of acids, anhydrous ammonia storage and/or pumping facilities, automobile, tractor or machinery wrecking and used parts yards, cement plants, explosive manufacture, fat rendering, fertilizer manufacture, garbage reduction, gas manufacture, glue manufacture, petroleum wholesale, rubber goods manufacture, smelting of ores, transmitting stations, wholesale storage of gasoline and other flammable liquids.
F. Mini Storage/Mini Warehouse – a building or group of buildings not more than one story and twenty feet (20') in height and not having any other dimension greater than one hundred fifty feet (150') per building, containing varying sizes of individualized, compartmentalized and controlled stalls or lockers for the dead storage of customer’s goods or wares, excluding junk, explosive or flammable materials, and other noxious or dangerous materials. No business activities other than rental or storage units shall be conducted on the premises. Mini warehouses are also known as mini storage, convenience storage or self storage.
G. Recycling Collection – any site which is used in whole or part for the receiving or collection of any post-consumer, non-durable goods including but not limited to glass, plastic, paper, cardboard, aluminum, tin or other recyclable commodities.
H. Recycling Processing – any site which is used for the processing of any post-consumer, non-durable goods including but not limited to glass, plastic, paper, cardboard, aluminum, tin or other recyclable commodities.
I. Salvage Services – places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automotive wrecking yards, junk yards or paper salvage yards.
J. Vehicle Storage (Long-term) – long-term storage of operating or non-operating vehicles for a period exceeding 21 days. Typical uses include storage of private parking tow-away or impound yards but exclude dismantling or salvage. Storage for 21 days or less constitutes a commercial use type.
K. Warehousing (Enclosed) – uses including storage, distribution and handling of goods and materials within enclosed structures. Typical uses include wholesale distributors, storage warehouses and van and storage companies.
L. Warehousing (Open) – uses including open-air storage, distribution, and handling of goods and materials. Typical uses include grain elevators and open storage.
M. Recycling Processing (Limited) - facilities including collection, reduction, recovery, recycling and related activities when all processing activities are conducted within a completely enclosed, permanent building, and subject to compliance with all applicable Federal, State and local regulations. Said facilities shall be limited to curbside recycling and recycling from commercial uses including wood, paper, plastic and glass.
(Ord. 743 - Sept. 07 Supp.)
N. Publishing House - business facility primarily used for the gathering of news, writing, editing, editorializing and merchandising of a newspaper and which may include large format printing equipment used for the production of a newspaper, magazine or other large-format or large circulation publications. (Ord. 756 - Sept. 07 Supp.)
7. Transportation Use Types. Transportation use types include the use of land for the purpose of providing facilities supporting the movement of passengers and freight from one point to another.
A. Aviation Facilities – landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.
B. Railroad Facility – railroad yards, equipment servicing facilities, and terminal facilities.
C. Transportation Terminal – facility for loading, unloading, and interchange of passengers, baggage and incidental freight or package express, including bus terminals, railroad stations and public transit facilities.
D. Truck Terminal – a facility for the receipt, transfer, short term storage and dispatching of goods transported by truck.
8. Miscellaneous Use Types.
A. Communications Tower – a structure for the transmission or broadcasting of radio, television, radar or microwaves, ordinarily exceeding the maximum height permitted in its zoning district. Typical uses include broadcasting towers and cellular communications towers.
B. Construction Batch Plant – a temporary de-mountable facility used for the manufacturing of cement, concrete, asphalt or other paving materials intended for specific construction projects.
C. Wind Energy Conservation System (WECS) - an electrical generating facility or device comprised of a wind turbine which may include associated facilities, including, but not limited to: power lines, transformers, substations, and equipment towers. Within the City of Pella and the extraterritorial zoning jurisdiction, WECS are sub-classified as:
∙ Small Wind Energy System - A wind energy system consisting of at least one of the following: a wind turbine, a tower, and associated control or conversion electronics, and is intended exclusively to supply electrical power for onsite consumption, is incidental and subordinate to a permitted use on the same parcel. Small Wind Energy Systems shall not exceed 15 KW for roof mounted system and 100 KW for freestanding system.
∙ Commercial Wind Energy System - A wind energy system consisting of more than one wind turbine and tower or a wind energy system which will be used primarily for off-site consumption of power. Commercial Wind Energy Systems shall not be permitted within the City of Pella or the extraterritorial zoning jurisdiction.
(Ord. 982 - Jun. 21 Supp.)
D. Solar Energy System (SES) – Any solar collector solar device, or structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy. Typical uses include attached solar panels, freestanding solar panels, solar energy devices integrated as part of the primary or accessory structure, and passive energy systems that include building elements without any mechanical or electrical systems.
(Ord. 846 – Aug. 11 Supp.)
E. Solar Energy System (SES) – Minor – Any device which meets Solar Energy System (SES) definition under 8. (D) above but which also complies with base design criteria as specified under 165.26.5.
(Ord. 846 – Aug. 11 Supp.)