1.   Planned Unit Development. The owner or owners of any tract of land comprising an area of not less than 10 acres may submit to the City Council a plan for the use and development of the entire tract of land. The development shall be referred to the Planning and Zoning Commission for study and report and for public hearing. If the Planning and Zoning Commission approves the development plan, the plan, together with the recommendation of the Planning and Zoning Commission, shall then be submitted to the City Council for consideration and approval. If the City Council approves the plan, development permits and occupancy certificates from the Zoning/Building Administrator may be issued even though the use of land and the location of the buildings to be erected in the area, and the yards and open spaces contemplated by the plans, do not conform in all respects to the district regulations of the district in which it is located, except as follows:

   A.   Only uses permitted in the R-1 and R-2 Districts shall be permitted.

   B.   The average lot area per family contained in the proposed plan, exclusive of the area occupied by right-of-way, will not be less than the lot area per family required in the district in which the development is located.

   C.   Said area shall then be designated on the Official Zoning Map.

2.   Accessory Buildings or Structures. No accessory buildings or structures may be erected in any required front yard with the exception of signs meeting the regulations set forth in Section 165.23(9), (10), and (11) of this chapter in C-1, C-2, M-1 and M-2 zoning districts, and no separate accessory building or structure may be erected within five feet of a dwelling unit other than permitted signs. In addition, private swimming pools shall only be located in a rear yard. No accessory building or structure shall be closer than eight feet to the rear or side lot lines unless abutting an alley, in which case it may be within one foot of the lot line. Accessory buildings or structures located in the rear yard may not occupy more than 30 percent of the rear yard. Accessory garages which are entered directly from the alley shall be at least 15 feet from the alley right-of-way. Except for storage, no accessory building or structure shall be used without occupancy of the principal building. In such cases of storage use, there shall be no fee charged. All accessory buildings and structures shall require a development permit. Each application for an accessory building or structure permit shall be submitted prior to the installation of the building or structure and shall be approved or denied by the Zoning/Building Administrator.

3.   Fences and Hedges. The following regulations are for fences, hedges, and swimming and landscape pool fences in all districts. A permit is needed for the construction of any fence. Each application for a fence permit shall be submitted prior to the installation of the fence and shall be approved or denied by the Zoning/Building Administrator.

   A.   Fences:

      (1)   No portion of a fence or hedge, excluding pergolas and arbors, shall exceed six feet in height. The height shall be measured vertically from the finished grade of the yard.

      (2)   Fences and hedges within the front-yard shall not exceed three feet in height nor shall they be constructed of more than 30 percent solid material.

      (3)   Fences and hedges not more than six feet high may be erected on those portions of a lot that are as far back or further back from the street than the main building.

   B.   Swimming and Landscape Pool Fences. Fences shall be provided for all permanent outdoor swimming and landscape pools with a depth greater than 18 inches or a capacity greater than 5,000 gallons. Swimming and landscape pool fences shall meet the following conditions:

      (1)   Swimming and landscape pool fences must be at least four feet high from the ground level and should not exceed six feet above level of the pool. Spacing of the fence should not allow a four-inch sphere to pass through.

      (2)   Swimming and landscape pool fences must have a self- closing and self-latching device on the gate.

   C.   Barbed Wire and Electric Fences. Barbed wire (including razor wire, concertina wire, and similar wire) and electric fences shall be subject to the following requirements:

      (1)   Barbed wire and electric fences shall not be allowed in residential or commercial zones.

      (2)   Barbed wire and electric fences shall be prohibited within five feet of a public sidewalk or within four feet of a street right-of- way where a public sidewalk does not exist.

      (3)   Electric fences shall not be permitted in any district except for the enclosure of livestock operations in Agricultural zones (A-1).

      (4)   No electric fence shall carry a charge greater than 25 milliamperes nor a pulsating current longer than one-tenth per second in a one-second cycle. All electric fence chargers shall carry the seal of an approved testing laboratory.

      (5)   The provisions of this subsection shall not apply to the fencing of municipal facilities.

   D.   Before issuing a development permit for a fence proposed to be located on a lot-line that is shared by two different property owners, the City will require the following conditions to be met:

      (1)   The owners of the properties that share the lot-line on which the proposed fence will be located must sign a written agreement that outlines the material from which the fence will be constructed, the location of the fence, the height of the fence, and maintenance responsibilities, and the agreement of all property owners to all of the above conditions.

      (2)   The agreement must then be filed with the County Recorder.

      (3)   A copy of the agreement and proof of its filing with the County Recorder must be presented to the City official responsible for the issuing of fence permits before the permit will be issued.

      (4)   If agreement cannot be reached between the property owners on a shared lot-line fence, any fence constructed on either property must be a minimum of three feet from said shared lot-line.

   E.   Before a hedge is proposed to be located on a lot-line that is shared by two different property owners, the City will require the following conditions to be met:

      (1)   The owners of the properties that share the lot-line on which the proposed hedge will be located must sign a written agreement that outlines the type of hedge, the location of the hedge, the height of the hedge, and maintenance responsibilities, and the agreement of all property owners to all of the above conditions.

      (2)   The agreement must then be filed with the County Recorder.

      (3)   A copy of the agreement and proof of its filing with the County Recorder must be presented to the City before the hedge can be located.

      (4)   If agreement cannot be reached between the property owners on a shared lot-line hedge, any hedge on either property must be a minimum of three feet from said shared lot-line.

4.   Height Limits. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances are exempt from height regulations in Sections 165.08 through 165.15.

5.   Yard Requirements. Under the terms of this chapter, a required yard shall be open, unoccupied, and unobstructed from grade to the sky except for permitted encroachments. The following identify such permitted encroachments along with required conditions:

   A.   Front Yard Exceptions:

      (1)   Steps or ramps which are necessary to provide access to the first floor of permitted buildings.

      (2)   The following shall encroach no more than three feet into the front yard, as measured from the building:

         a.   Architectural features such as sills, eaves, cornices, and other ornamental features.

         b.   Gutters and downspouts.

         c.   Awnings and canopies.

         d.   Bay windows.

      (3)   Uncovered decks, patios and stoops not exceeding 100 square feet and in no case are closer than 15 feet to the front lot line.

      (4)   Retaining walls which are at least 10 feet from the front lot line.

      (5)   Non-nuisance landscaping, vegetation, arbors, trellises, flagpoles, and the like shall be allowed in all yards.

   B.   Side Yard Exceptions:

      (1)   The following shall encroach no more than three feet into the side yard, as measured from the building:

         a.   Architectural features such as sills, eaves, cornices, and other ornamental features.

         b.   Gutters and downspouts.

         c.   Awnings and canopies.

         d.   Bay windows.

      (2)   Air conditioning equipment not encroaching into the side yard closer to the side lot line a distance of one-half the required setback.

      (3)   Retaining walls which are at least three feet from the side lot line.

      (4)   Non-nuisance landscaping, vegetation, arbors, trellises, flagpoles, and the like shall be allowed in all yards.

   C.   Rear Yard Exceptions:

      (1)   The following shall encroach no more than three feet into the rear yard, as measured from the building:

         a.   Architectural features such as sills, eaves, cornices, and other ornamental features.

         b.   Gutters and downspouts.

         c.   Awnings and canopies.

         d.   Bay windows.

      (2)   Air conditioning equipment.

      (3)   Uncovered decks, patios, and stoops which are at least 10 feet from any lot line.

      (4)   Retaining walls which are at least three feet from the rear lot line.

      (5)   Non-nuisance landscaping, vegetation, arbors, trellises, flagpoles, and the like shall be allowed in all yards.

   D.   Yards and Visibility. On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of three and 10 feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 20 feet from the point of the intersection. (See Visibility Diagram in Section 165.33.)

6.   Decks. A permit is needed for the construction of any deck whether it is attached to the house or not. Each application for a deck permit shall be submitted prior to the installation of the deck and shall be approved or denied by the Zoning/Building Administrator.

7.   Driveways. All new driveways, from the property line to the garage, carport, or off-street parking area and loading zones, shall be paved with asphalt, Portland cement concrete, brick pavers, or stone pavers. Maintenance, including the addition of new rock to existing gravel driveways, shall be permitted, but the area of the gravel driveways shall not be permitted to expand. All driveways, including those which are grandfathered above, from the paved portion of the street to the property line shall be paved with asphalt or Portland cement concrete.

8.   Off-Street Parking and Loading.

   A.   Off-Street Parking. All new off-street parking areas shall be paved with asphalt, Portland cement concrete, brick pavers, or stone pavers. Maintenance, including the addition of new rock to existing gravel off-street parking areas, shall be permitted, but the area of the gravel off-street parking shall not be permitted to expand.

      (1)   Churches: one parking space on the lot for each five seats in the main assembly area.

      (2)   Colleges, universities, institutions of higher learning, and equivalent private or parochial schools: one parking space for each employee and one parking space for each five students.

      (3)   Dwellings: two parking spaces on the lot for each dwelling unit in the building.

      (4)   Elementary, junior high, high school, and equivalent private or parochial schools: one parking space for each employee and office plus one parking space for each 300 square feet of gross floor area in auditorium or gymnasium and one parking space for each 10 students.

      (5)   Greenhouses and nurseries: one parking space per 1,000 square feet of enclosed floor area.

      (6)   Hotels and motels: one parking space per room plus one parking space for each employee.

      (7)   Nursery schools: one parking space per employee.

      (8)   Offices and clinics: one parking space per 300 square feet of gross floor area.

      (9)   Public buildings and facilities: one parking space for each 300 square feet of gross floor area or one parking space for each five seats in the main assembly area, whichever is greater.

      (10)   Roadside stands: one parking space for each 50 square feet of enclosed floor area.

      (11)   Sales and service buildings: one parking space per 300 square feet of gross floor area.

      (12)   All other commercial uses shall provide one parking space on the lot for each 300 square feet of floor area.

      (13)   All industrial uses shall provide one parking space on the lot for each two employees of maximum number employed at any one time.

   B.   Off-Street Loading. All off-street loading areas shall meet the following standards:

      (1)   All activities or uses within each zoning district shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.

      (2)   Loading shall not be permitted to block public rights-of-way.

9.   Sign Regulations – All Zoning Districts. The following regulations shall apply to signage in all zoning districts:

   A.   No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

   B.   No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway or railroad.

   C.   No sign may imitate or resemble an official traffic control sign, signal, or device.

   D.   No sign may obscure or physically interfere with an official traffic control sign, signal, or device.

   E.   Signs shall not encroach or extend over public rights-of-way except in C-1 zoning districts, and those signs shall be subject to having a minimum clearance for pedestrian traffic of eight feet, and further provided the signs and their supporting structures do not extend into the right-of-way beyond seven and one-half feet, but no closer than two feet from the curb line of the street.

   F.   No advertisement or advertising structure shall be posted, erected, or maintained which simulates any official, directional, or warning sign erected or maintained by the State, County, City, or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.

   G.   No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

   H.   All signs shall be non-flashing and non-strobing, and they shall not contain rotating, oscillating, or revolving beams or other similar types of light transmission.

   I.   All signs must be kept in good repair. Repairs shall be made within 30 days of damage to said sign.

10.   Sign Regulations – A-1, R-1, R-2, and MH Districts. The following regulations shall apply to signage in all A-1, R-1, R-2, and MH zoning districts:

   A.   Signs are not permitted, except for political signs, real estate signs (both for sale and rental), certain construction signs as specified in this section, and home occupation signs. This prohibition shall not apply to off-premises signage affixed to the interior perimeter fencing or scoreboards facing inward of athletic fields.

   B.   Political signs shall conform to State law, as outlined in Section 68A.406 of the Code of Iowa.

   C.   Real estate signs shall be removed upon the closing of the sale or rental of the property. Real estate signs shall not exceed ten square feet in surface area. Signs identifying the name of an apartment building shall be permitted on the premises containing the apartment building, provided that the total square feet of surface area of all such signs shall not exceed 32 square feet and shall be subject to a setback of not less than 15 feet from the front boundary line and a setback of not less than eight feet from the side boundary line.

   D.   Construction signs relating to the vendor and services provided for the construction or remodeling of a dwelling unit on the premises shall be permitted during the time of construction in the front yard area, as defined in Section 165.06 of this chapter. The total square feet of surface area of all construction signs on any one property shall not exceed 32 square feet.

   E.   Home occupation signs shall be limited to one sign with a total surface area not exceeding six square feet and with the maximum length of any one side of such sign signs being no longer than four feet.

11.    Sign Regulations – C-1, C-2, M-1 and M-2 Districts. The following regulations shall apply to signage in all C-1, C-2, M-1, and M-2 zoning districts:

   A.   On-premises and off-premises signs are permitted.

   B.   On-premises and off-premises signs shall comply with the setbacks of the districts in which they are located, with the exception of signs located in C-2 zoning districts. There shall be no setback requirements for signs in C-2 zoning districts unless the lot upon which the sign is to be placed is adjacent to an R-1 or R-2 zoning district, in which case the sign must meet the setback requirements for the C-2 zoning district. Other bulk regulations do not apply. Off-premises signs are governed by State and federal regulations along highways, where zoning exists.

   C.   Within 90 days of closure of a business, all signs must be taken down which protrude onto the City’s right-of-way and are illegible or pose a threat to vehicular or pedestrian traffic.

12.   Home Occupations. A home occupation is a permitted use within all residential districts and shall require a permit as approved by the Zoning/Building Administrator after meeting the requirements established herein.

   A.   No person other than members of the family residing on the premises shall be engaged in such occupation, except by special exception by the Zoning Board of Adjustment which may allow three persons other than family members not residing on the premises to be employed.

   B.   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the gross floor area of the dwelling unit, whether the square footage is in the garage or other accessory buildings or in the dwelling unit, shall be used in the conduct of the home occupation.

   C.   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding six square feet with the maximum length of any one side being no longer than four feet.

   D.   Home occupation may be conducted in any accessory building.

   E.   Any business in the home that requires walk-in clientele or generates traffic other than what normally would be there without the business, except for deliveries, shall be classified as a home occupation and shall require a permit and approval as stated herein, and any need for parking generated by the conduct of such home occupation shall be met by providing off- street parking and shall not be in a required front yard.

   F.   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or cause fluctuations in line voltage off the premises.

   G.   Provided that all previously noted conditions are complied with, certain home-based work such as telemarketing activities, computer and word processing work, and similar businesses are not considered home occupations and shall be allowed as permitted uses in any district.

13.   Nothing in this chapter shall have the effect of prohibiting utility service lines.