165.01 Definitions | 165.15 CCRC Continuing Care Retirement Community |
165.02 Districts and Map | 165.16 B-1 Retail Central Districts |
165.03 General Provisions | 165.17 B-2 General Business Districts |
165.04 R-A Residential Agricultural District | 165.18 I-1 Light Industrial Districts |
165.05 FG Fairgrounds District | 165.19 I-2 General Industrial Districts |
165.06 C-1 Conservation Districts | 165.20 Planned Developments |
165.07 A-1 Agricultural Districts | 165.21 Signs |
165.08 A-2 Agricultural District | 165.22 Off-Street Parking Areas and Loading Spaces |
165.09 R-1 One-Family Residence District | 165.23 Special Provisions |
165.10 R-S Suburban Residence Districts | 165.24 Additional Requirements, Exceptions and Modifications |
165.11 R-2 One- and Two-Family Residence Districts | 165.25 Special Events |
165.12 R-3 One- to Six-Family Residence Districts | 165.26 Enforcement |
165.13 R-4 Multi-Family Residence Districts | 165.27 District Changes and Ordinance Amendments |
165.14 R-5 Multi-Family Residence Districts for Elderly Housing | 165.28 Interpretation, Purpose and Conflict |
For the purpose of this chapter, certain terms or words are used in a limited or special sense, as herein defined.
1. “Accessory use or structure” means a use or a structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto.
2. “Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage agriculture, forestry horticulture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating and storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
3. “Alley” means a public or private way less than 21 feet in width affording secondary means of access to abutting property.
4. “Alteration” means any change, addition or modification in construction, occupancy or use.
5. “Apartment house” means a residential building designed or used for three or more dwelling units.
6. “Automobile repair, major” means an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and similar large engine part overhaul, provided it is conducted within a completely enclosed building.
7. “Automobile repair, minor” means an establishment primarily engaged in the repair and maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, the repair and change, lubrication, tune-ups and transmission work, provided it is conducted within a completely enclosed building.
8. “Automotive self-service station” means that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity and may also include a free-standing automatic car wash.
9. “Automotive service station” means that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities may include automotive repair and maintenance, car wash service and food sales.
10. “Awning” means a shelter supported entirely from the exterior wall of a building.
11. “Basement” means a story having part but not more than 50 percent of its height below the average grade of the adjoining ground (as distinguished from a cellar). A basement shall be counted as a story for purpose of height measurement.
12. “Bed and breakfast facility” means a limited commercial activity, occurring within any zone except industrial zone, conducted within a structure, which includes dining and bathroom facilities with sleeping rooms for short-term guest lodging.
13. “Building” means any structure for the shelter or enclosure of persons, animals or chattels.
14. “Building height” means the vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building is the maximum height of any segment of the building.
15. “Building line” means the perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.
16. “Building, main” means a building in which the principal use of the site is conducted.
17. “Building, temporary” means a building used temporarily for the storage of construction of utilities or other community facilities or used temporarily in conjunction with the sale of property within a subdivision under construction.
18. “Canopy” means a roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings.
19. “Carport” means a roofed structure open on at least two sides and used for the storage of private or pleasure type vehicles.
20. “Cellar” means a story having 50 percent or more of its height below the average grade of the adjoining ground. A cellar shall be counted as a story, for purposes of height measurement, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.
21. “Commission” means the Planning and Zoning Commission of the City.
22. “Comprehensive Plan” means the declaration of purposes, policies and programs for the development of the jurisdiction; also called the General Plan.
23. “Conditional use” means a use which would become harmonious or compatible with the neighboring uses through the application and maintenance of qualifying conditions.
24. “Continuous care retirement community” (CCRC) means a senior adult congregate living facility which furnishes senior adult congregate living services together with nursing services to residents, regardless of whether or not the services are provided at one location, and pursuant to one or more agreements effective for the life of the resident or for a period of time greater than one year.
25. “Court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
26. “Dance hall” or “discotheque” means an establishment intended primarily for dancing and entertainment within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only.
27. “Day care, family” means the keeping for part-time care and/or instruction, whether or not for compensation, of six or fewer children at any one time within a dwelling, not including members of the family residing on the premises.
28. “Day care, group” means an establishment for the care and/or instruction, whether or not for compensation, of seven or more children at any one time. Child nurseries and preschool facilities are included in this definition.
29. “Driveway” means a private access road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel in which it is located.
30. “Dwelling” means a building or portion thereof occupied or intended to be occupied exclusively for residence purposes; but not including a tent, or a mobile home as herein defined.
31. “Dwelling, duplex” means a building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units.
32. “Dwelling group” means two or more detached dwellings located on a parcel of land in one ownership and conforming to the special conditions and requirements set forth in Section 165.20(1).
33. “Dwelling, multiple-unit” means a building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums or offered for rent.
34. “Dwelling, planned group” means two or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common.
35. “Dwelling, single-family” means a detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
36. “Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this chapter, for not more than one family, or a congregate residence for six or fewer persons.
37. “Easement” means that portion of a lot or lots reserved for present or future use by a person or agency other than the legal fee owner of the property. The easement may be for use under, on or above said lot or lots.
38. “Essential services” means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, including water storage tanks and wells, but not including buildings unrelated to these uses.
(Ord. 1120 - Jun. 21 Supp.)
39. “Face of building, primary” means the wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.
40. “Family” means a person and his or her spouse, and also the parents of either the person or spouse, the children of the person or spouse, the grandparents of the person or spouse, the grandchildren of the person or spouse, the brothers and sisters of the person or spouse, plus up to three other people who may be unrelated to the person or spouse.
41. “Family, elderly” means a family whose head or spouse or whose sole member is:
A. Eligible by age (62 or older) to receive Old Age Benefits under Title 2 of the Social Security Act; or
B. Handicapped/disabled within the meaning of Section 202 of the Housing Act of 1959.
42. “Farm” means a real estate consisting of at least 40 acres with a minimum of at least 20 acres cropland. Smaller acreages shall qualify as a farm if at least 50 percent of the total net family income of the owner is derived from agricultural production in the preceding two tax years.
43. “Farm animals” are animals other than household pets that may, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep and goats; or small animals, e.g., rabbits, chinchilla, chickens, turkeys, pheasants, geese, ducks and pigeons.
44. “Frontage” means the width of a lot or parcel abutting a public right-of-way measured at the front property line.
45. “Garage, private” means a detached accessory building or portion of a principal building used for the storage of self-propelled passenger vehicles or trailers of the occupants of the premises and/or not more than one truck of a rated capacity not exceeding one and one-half tons.
46. “General plan” means the declaration of purposes, policies and programs for the development of the City, also called the Comprehensive Plan.
47. “Grade (adjacent ground elevation)” means the lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet from the building.
48. “Ground floor residential conversion” means converting to residential use a portion of the ground floor of any structure that is located within the area bounded by Avenue B on the west, Second Street on the north, Second Avenue on the east and Jefferson Street on the south but not including the following legally described parcels: Lots 1, 4, 5 and 8 in Block 14; Lot B in Block 7; Lots 5, 6, 7, and 8 in Block 8; Lot 5 in Block 9; Lots 2, 3, 6 and 7 in Block 12; Lot A in Block 19; Lots 1, 2, 3 and 4 in Block 18; and Lot A in Block 17, all in the Original Plat of the Town, now City of Washington, Washington County, Iowa.
49. “Group care facility” means a facility, required to be licensed by the State, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this definition does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons.
50. “Height” means in the case of a wall, or part of a building, the vertical distance from the average established curb grade in front of the lot or from the average finished grade at the building line, if higher, to the average height of the top of the cornice of a flat roof, or roof line, or to the deck line of a mansard roof, or to the middle height of the highest gable or dormer in a pitched or hipped roof, or if there are no gables or dormers, to the middle height of such pitched or hipped roof.
51. “Highway” or “primary thoroughfare” means an officially designated Federal or State numbered highway or other road designated as an arterial thoroughfare on the transportation plan as officially adopted and amended from time to time by the Commission and Council.
52. “Home occupation” means the partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof which is subordinate and incidental to the use of the dwelling for residential purposes.
53. “Household pets” are dogs, cats, rabbits, birds, for family use only (noncommercial), with cages, pens, etc.
54. “Kennel” means any lot or premises on which four or more adult dogs or cats are kept, for compensation or not.
55. “Land use plan” means the comprehensive long-range plan for the desirable use of land in the community, as officially adopted and as amended from time to time by the Commission and Council; the purpose of such plan being, among other things, to serve as a guide to the zoning and progressive changes in the zoning of land to meet changing community needs, in the subdividing and use of undeveloped land, and in the acquisition of land for such public purposes as streets, parks, schools, and other public buildings or public uses.
56. “Landscaping” means the finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment may also include the use of logs, rocks, fountains, water features and contouring of the earth.
57. “Livestock” includes, but is not limited to, horses, cows, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.
58. “Lot” means a parcel of land, abutting on a street, whose area, in addition to the parts thereof occupied or hereafter to be occupied by a building and its accessory buildings, is sufficient to provide the yards and courts required by the chapter.
59. “Lot, corner” means a lot of which at least two adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
60. “Lot area” means the horizontal area within the lot lines of the lot.
61. “Lot depth” means the mean horizontal distance between the front and rear lot lines.
62. “Lot, flag” means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.
63. “Lot, interior” means a lot other than a corner lot.
64. “Lot, irregular” means a lot whose opposing property lines are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.
65. “Lot width” means the mean horizontal distance across the lot between side lot lines at the building line measured at right angles to the depth.
66. “Manufactured home” means a factory-built, single-family structure which is manufactured or constructed under the authority of 42 U.S.C. Section 5403, Federal Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling. For the purpose of these regulations, a manufactured home shall be considered the same as any site-built, single-family detached dwelling.
67. “Mobile home” means any vehicle without motive power used, or so manufactured or constructed as to permit its being used, as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but also includes any such vehicle with motive power or registered as a motor vehicle in Iowa. A mobile home is factory-built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitches, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as “manufactured homes.” Nothing in this chapter shall be construed as permitting the mobile home in other than an approved mobile home park, unless such mobile home is classified as a manufactured home.
68. “Mobile home park” means a tract of land developed and operated as a unit with individual sites and facilities to accommodate two or more mobile homes.
69. “Model home” means a dwelling temporarily used as a sales office for a residential development under construction; said home being used for on-site sales and not for general real estate business.
70. “Motor fuel station” means a place where minor automobile repair is conducted and where gasoline, diesel oil, kerosene, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling and the sale of automobile accessories on the premises.
71. “Multi-story unit” means any structure of three or more stories for the shelter of persons.
72. “Natural waterways” are those areas, changing in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the City.
73. “Nonconforming building” means a building or structure or portion thereof lawfully existing at the time these zoning regulations became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the district in which it is located.
74. “Nonconforming lot” means a lot whose width, area or other dimension did not conform to the regulations when these zoning regulations became effective.
75. “Nonconforming sign” means a sign structure or portion thereof lawfully existing at the time these zoning regulations became effective, which does not now conform.
76. “Nonconforming use” — see “use, nonconforming.”
77. “Open space” means land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space may be devoted to landscaping, preservation of natural features, patios and recreational areas and facilities.
78. “Parking area, accessory” means an area of one or more parking spaces located on the same property as the building, structure, or premises it is intended to serve, or on adjoining or nearby property other than the public right-of-way, and of such shape and nature as to be appropriate and usable for the parking or storage, loading and unloading of self-propelled vehicles.
79. “Parking lot” means an open area, other than a street, used for parking of motor vehicles.
80. “Plot plan” is a plat of a lot, drawn to scale, showing the actual measurement, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets and other such information.
81. “Public way” means any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
82. “Quasi-public use” is essentially a public use, although under private ownership or control.
83. “Quorum” means a majority of the authorized members of a board or commission.
84. “Recycle yard” means any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires and bottles.
85. “Setback” means the minimum required distance between the property line and the building line.
86. “Sign” means an advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers.
87. “Sign, gross surface area of” means the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.
88. “Site plan” means a plan which outlines the use and development of any tract of land.
89. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or the ceiling or roof next above such floor; provided that, for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds 12 feet, each 12 feet or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first story which may be 15 feet high.
90. “Story, half” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for residence purposes, other than for a janitor or caretaker and his family, shall be deemed a full story.
91. “Street” means any public way set aside as a permanent right-of-way for vehicular or pedestrian access 21 feet or more in width if it existed at the time of the enactment of this chapter; and any such public way created after enactment of this chapter, provided it is 50 feet or more in width.
92. “Structural alteration” means any change in the supporting members of a building including but not limited to bearing walls, load bearing partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
93. “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite way.
94. “Subdivision” means the division of a tract, lot or parcel of land into two or more lots, sites or other divisions of land.
95. “Townhouse” means a single-family house of one or two stories connected to another house by a common wall.
96. “Use” means the activity occurring on a lot or parcel for which land or a building is arranged, designed or intended or for which land or building is or may be occupied, including all accessory uses.
97. “Use, change of” means a change within the classified use of a structure or premises.
98. “Use, nonconforming” means a use which lawfully occupied a building or land at the time these zoning regulations became effective, which has been lawfully continued and which does not now conform with the use regulations.
99. “Use, temporary” means a use that is authorized by this chapter to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, carnivals and flea markets.
100. “Variance” is the means by which an adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone, and which adjustment remedies disparity in privileges.
101. “Wrecking salvage yard” means any place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers or parts thereof are stored, bought, sold, accumulated, exchanged, disassembled or handled.
102. “Yard” means an open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures except as otherwise provided in this chapter.
103. “Yard, front” means an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified. A corner lot shall have two front yards. “Front yard, least depth” means the shortest distance, measured horizontally, between any part of a building, other than such parts as hereinafter excepted, and the front lot line.
104. “Yard, rear” means an open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified. “Rear yard, least depth” means the shortest distance, measured horizontally, between any part of a building, other than such parts as hereinafter excepted, and the rear lot line. In the case of an irregular, triangular or gore-shaped lot, a line 10 feet in length entirely within the lot, parallel to and a maximum distance from the front lot line shall be considered the rear lot line.
105. “Yard, side” means an open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified. “Side yard, least width” means the shortest distance, measured horizontally, between any part of a building, other than such parts as hereinafter excepted, and the nearest side lot line.
106. “Zero lot line development” means single-family dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line.
1. Districts Established. For the purpose of this chapter, the following districts are established.
R-A Residential Agricultural District
FG Fairgrounds District
C-1 Conservation District
A-1 Agricultural District
A-2 Agricultural District
R-1 One-Family Residence District
R-S Suburban Residence District
R-2 One- and Two-Family Residence District
R-3 One- to Six-Family Residence District
R-4 Multi-Family Residence District
R-5 Multi-Family Residence District for Elderly Housing
CCRC Continuing Care Retirement Community District
B-1 Central Business District
B-2 General Business District
I-1 Light Industrial District
I-2 General Industrial District
2. Boundaries. The boundaries of these districts are hereby established as shown on a map entitled “Zoning Map,” on file in the office of the Clerk and hereby made a part of this chapter by reference. The district boundary lines on said map are intended to follow lot lines, the centerlines of streets or alleys, the centerlines of streets or alleys projected, railroad rights-of-way, or the corporate limit lines, all as they existed at the time of enactment of this chapter; but where a district boundary line does not clearly coincide with lot lines, it shall be determined by scaling. There are two maps entitled “Zoning Map,” one for the area within the corporate City limits, and one for the two-mile extraterritorial area, as referred to in Subsection 6 of this section.
3. Use When Line Divides Lot. Where a district boundary line divides a lot which was in single ownership and of record at the time of enactment of this chapter, the use authorized on and the other district requirements applying to the less restricted portion of such lot shall be considered as extending to the entire lot, provided, that where the more restricted portion of such lot is more than 50 feet beyond said dividing district boundary line, such less restricted use shall be limited to the portion of the lot lying within 50 feet of said boundary line.
4. Interpretation. Questions concerning the exact location of district boundary lines shall be determined by the Board of Adjustment according to rules and regulations which it may adopt.
5. Annexation. All territory which may hereafter be annexed to the community shall be classed automatically as being in an A-1 Agricultural District until such classification shall have been changed by amendment as provided hereinafter.
6. Extra-Territorial Authority. The zoning regulations of the City are hereby extended and made applicable to the unincorporated area two miles beyond the limits of the City, pursuant to the provisions of Code of Iowa Section 414.23. A general description of the area to be included is as follows:
Sections 3, 4, 5, 6, 7, 8, 9 and 10; the W½ of Section 11; the W¾ of Section 14; Sections 15, 16, 19, 20, 21 and 22; the W¾ of Section 23; the W½ of Section 26; Sections 27, 28, 29 and 30; the N½ of Section 31; the N¾ of Section 32; the N½ of Section 33; and the N½ of Section 34; all in Washington Township, T 75 N, R 7 W of the 5
th P.M.; and also
The S½ of Section 31; the S½ of Section 32; and the S½ of Section 33; all in Jackson Township, T 76 N, R 7 W of the 5
th
P.M.; and also
Section 1; the SE¼; the SE¼ of the NE¼ and the SE¼ of the SW¼ of Section 2; Sections 11, 12, 13 and 14; the E½ of Section 23; Sections 24 and 25; the NE¼ of Section 26; and the NE¼ of Section 36; all in Franklin Township, T 75 N, R 8 W of the 5
th
P.M.; all in Washington County, Iowa.
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