This chapter shall be known and may be cited as the "City of Center Point, Iowa, Zoning Ordinance."

(Ord. No. 453, § 165.01, 9-2-2014)

The purpose of this chapter is to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to regulate the use of land, and to promote the health, safety, and general welfare in the city and the unincorporated lands described as follows.

(Ord. No. 453, § 165.02, 9-2-2014)

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure of land and, particularly, except as hereinafter provided:

(1)

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

(2)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(3)

No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(4)

Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, chapters, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.

(5)

There shall be no more than one principal structure allowed upon any lot.

(6)

All dwelling units, including attached garages, shall be placed on and secured to a permanent frost-free perimeter foundation.

(7)

Every principal building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for utilities servicing, fire protection, and required off-street parking.

(Ord. No. 453, § 165.03, 9-2-2014)

(a)

Establishment; adoption; amendment.

(1)

The city and surrounding unincorporated lands shall be divided into districts, as shown on the official zoning map, which, together with all explanatory matter thereon, shall be adopted by ordinance. One map shall identify the unincorporated and incorporated areas.

(2)

If, in accordance with the provisions of this chapter and I.C.A. ch. 414, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council, with an entry on the official zoning map as follows:

"By official action of the city council, the following changes were made in the Official Zoning Map." (Indicating the changes by ordinance numbers and date of publication.)

(3)

No amendment of this chapter which involves a matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

(b)

Replacement.

(1)

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by ordinance adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map per Ordinance No. ___ of the City of Center Point, Iowa."

(2)

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. No. 453, § 165.04, 9-2-2014)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits;

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, or other bodies of water shall be construed to follow such centerlines;

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (3) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

(7)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (6) of this section, the board of adjustment shall interpret the district boundaries;

(8)

Whenever the council vacates and disposes of a street or alley, adjacent districts shall extend to the centerline of the vacation;

(9)

Whenever a variance exists between the zoning map and the legal description on an amendment to this chapter, the legal description applies.

(Ord. No. 453, § 165.05, 9-2-2014)

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word "shall" is mandatory; the word "may" is permissive. The words "used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied." The word "lot" includes the words "plot" or "parcel." The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting means having property or district lines in common.

Access means a way of approaching or entering a property from a public street.

Accessory building means a subordinate building in excess of 150 square feet located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in the subordinate manner, as by a wall or roof, such accessory building shall be considered part of the main building. The placement of satellite dish antennas, either permanent or temporary, shall be considered as accessory buildings.

Accessory structure means anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences or playground equipment.

Accessory use means a use customarily incidental and subordinate to the main use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.

Agriculture means the production, keeping or maintenance, for sale, lease, or personal use, of plants and animals useful to humans, including, but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds; vegetables; or lands devoted to a soil conservation or forestry management program.

Alley means a public way, other than a street, 24 feet or less in width, affording secondary means of access to abutting property.

Animal shelter means a facility providing services for animal care with opportunities for animal adoption. Supporting services may include medical care, exercise areas and adoption centers.

Basement means a story having part but not more than one-half its height above grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its ceiling is over five feet.

Bed and breakfast house means a house or portion thereof where short-term lodging, rooms, and meals are provided. The operator shall live on the premises.

Board means the board of adjustment.

Boardinghouse means a building other than a hotel where, for compensation, meals and lodging are provided for five or more persons.

Building means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property, but not including signs or billboards and not including structures or vehicles originally designed for transportation purposes.

Building codes means laws or ordinances regulating construction.

Building, height of, means the vertical distance of a building measured from the average elevation of the finished grade next to the structure to the highest point of the roof.

Commercial livestock facility means livestock confinements of 500 or more animals where the owner does not reside on the premises.

District means a section of the city within which the regulations governing the use of buildings or the height and area of buildings and premises are uniform.

Dwelling or dwelling unit means any building, or portion thereof, which is designed or used exclusively for residential purposes, but not including a tent, cabin, trailer, or mobile home.

Dwelling, multiple, means a building or portion thereof designed for or occupied exclusively for residence purposes by two or more families.

Dwelling, single-family, means a building designed for or occupied exclusively for residence purposes by one family.

Family means one or more persons related by blood, marriage or adoption occupying a single dwelling unit. A family may include four, but not more than four, persons not related by blood, marriage or adoption, provided that domestic employees employed on the premises may be housed on the premises without being counted as a family.

Family group home means a community-based residential home which is licensed as a residential care facility under I.C.A. ch. 135C or as a child foster care facility under I.C.A. ch. 237 to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel. However, the term "family home" does not mean an individual foster care family home licensed under I.C.A. ch. 237.

Garage means a building or portion thereof in which a motor vehicle containing gasoline or other volatile, flammable liquid in its tank is stored, repaired, or kept.

Garage, private, means a building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on except as a home occupation.

Garage, public or storage, means a building or part thereof other than a private garage for the storage of motor vehicles and in which service station activities may be carried on.

Grade means the average elevation of the finished ground at the exterior walls of the main building.

Gross floor area means the sum of the gross horizontal area of all floors of a building measured from the interior face of the exterior walls; the term "gross floor area" does not include parking areas or areas where the ceiling height is below six feet.

Ground floor means the first floor of a building other than a cellar or basement.

Habitable space means space in a dwelling unit for living, sleeping, eating or cooking. The term "habitable space" shall not include any storage space, garage or basement. There shall be a minimum of 800 square feet of habitable space in each dwelling unit.

Health care facility means any residential care facility, intermediate care facility, or skilled nursing facility as described below:

Intermediate care facility means any institution, place, building or agency providing for a period exceeding 24 consecutive hours' accommodation, board, and nursing services, the need for which is certified by a physician, to three or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity who, by reason of illness, disease, or physical or mental infirmity, require nursing services which can be provided only under the direction of a registered nurse or a licensed practical nurse.

Residential care facility means any institution, place, building, or agency providing for a period exceeding 24 consecutive hours' accommodation, board, personal assistance and other essential daily living activities to three or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity who, by reason of illness, disease, or physical or mental infirmity, are unable to sufficiently or properly care for themselves but who do not require the services of a registered or licensed practical nurse except on an emergency basis.

Skilled nursing facility means any institution, place, building, or agency providing for a period exceeding 24 consecutive hours' accommodation, board, and nursing services, the need for which is certified by a physician, to three or more individuals not related to the administrator or owner thereof within the third degree of consanguinity who, by reason of illness, disease, or physical or mental infirmity, require continuous nursing care services and related medical services, but do not require hospital care. The nursing care services provided must be under the direction of a registered nurse on a 24-hour-per-day basis.

Home occupation means any activity carried out for gain by a resident and conducted as an incidental and accessory use in the resident's dwelling unit. A home occupation is a permitted use within all residential districts and shall require a permit as approved by the zoning administrator after meeting the requirements established herein.

Hospital means an institution which is devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of two or more nonrelated individuals suffering from illness, injury, or deformity; a place which is devoted primarily to the rendering over a period exceeding 24 hours of obstetrical or other medical or nursing care for two or more nonrelated individuals; or any institution, place, building or agency in which any accommodation is primarily maintained, furnished or offered for the care over a period exceeding 24 hours of two or more nonrelated aged or infirm persons requiring or receiving chronic or convalescent care; and the term "hospital" shall include sanitariums or other related institutions; provided, however, the term "hospital" shall not apply to hotels or other similar places that furnish only food and lodging, or either, to their guests. The term "hospital" shall include, in any event, any facilities wholly or partially constructed or to be constructed with federal financial assistance pursuant to Public Law 725, 79th Congress, approved August 13, 1946.

Hotel means a building occupied as the more or less temporary residence of individuals who are lodged for compensation, with or without meals, in which there are sleeping rooms or suites of rooms with no provision made for cooking in any individual room or suite of rooms, and entrance is through a common lobby or office.

HUD code refers to national construction standards specifically for manufactured housing developed and administered by the U.S. Department of Housing and Urban Development (HUD), established in response to requirements the National Manufactured Home Construction and Safety Standards Act, passed by Congress in 1974. Manufactured houses are sometimes called HUD code houses.

Junkyard means any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building and not including the processing of used, discarded or salvaged materials as part of manufacturing operations.

Kennel, commercial, means an establishment in which three or more dogs are housed, groomed, bred, boarded, trained, and/or sold. Puppies under six months of age shall not be included in the count.

Lodginghouse means a building originally designed for or used as single-family, two-family, or multifamily dwelling, all or a portion of which contains lodging rooms or rooming units which accommodate persons who are not members of the keeper's family. Lodging or meals, or both, are provided for compensation. The term "lodginghouse" shall be construed to include boardinghouses, roominghouses, fraternity houses, sorority houses and dormitories.

Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an approved public street, or on an approved private street, and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;

(4)

A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

Lot frontage. The front of a lot shall be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under Yards in this section.

Lot measurements.

(1)

Depth of a lot shall be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

(2)

Width of a lot shall be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the building setback line; provided, however, the width between side lot lines at their foremost points (where they intersect with the street line or front property line) shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of a cul-de-sac, where 80 percent requirement shall not apply.

Lot of record means a lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot types.

Corner lot means a lot located at the intersection of two or more streets.

Interior lot means a lot other than a corner lot with only one frontage on a street other than an alley.

Through lot means a lot other than a corner lot with frontage on more than one street other than an alley. Lots with frontage on two non-intersecting streets may be referred to as through lots.

Reversed corner lot means a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear (see section 165.118).

Manufactured home means a residential unit built off-site, designed to meet HUD code standards (effective June 15, 1976), and transported to installation location; required to display a seal from HUD.

Manufactured housing unit means a manufactured, modular or mobile home. I.C.A. ch. 435 refers to these units as homes, provided that a manufactured housing unit located in a mobile home park must be titled and is subject to the mobile home square footage tax. Those manufactured housing units located outside a mobile home park are considered real property and are assessed and taxed as real estate.

Mobile home means a residential unit built off-site and transported to an installation location that was constructed prior to the implementation of HUD code standards (effective June 15, 1976).

Mobile home park means any site, lot, field or tract of land under common ownership upon which two or more occupied manufactured housing units are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park (I.C.A. ch. 435).

Modular home means a residential unit built off-site and transported to an installation location that is designed to meet state or local building codes rather than the HUD code. In the state, the home is required to display a seal issued by the state building code commissioner.

Motel (also motor hotel, motor court, motor lodge, or tourist court) means a building or group of buildings designed to provide sleeping accommodations to transient guests for compensation and provides near each guest room a parking space for the guest's vehicle. A swimming pool, restaurant, meeting rooms, management offices and other such accessory facilities may be included.

Nonconformities means lots, structures, uses of land and structures, or characteristics of uses, which are prohibited under the terms of this chapter but were lawful at the date of the enactment of the ordinance from which this chapter is derived.

Nursing or convalescent home means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled persons, not including insane and other mental, inebriate, or contagious cases.

Parking space means an area of not less than 180 square feet either within a structure or in the open, exclusive of driveway or access drives, for the parking of a motor vehicle.

Patio means a structure that does not exceed four inches in height from the base ground level and is constructed of a non-permeable surface, such as asphalt or Portland cement.

Permanent foundation. A permanent frost-free perimeter foundation is one having footings below the frost line and a continuous foundation wall of concrete, concrete block, or stone. The permanent foundation for a manufactured home, however, may be a pier footing foundation system designed and constructed to be compatible with the structure and the conditions of the site; provided, however, the footings for the pier foundations are placed below the frost line and the manufactured home is skirted with construction materials giving the appearance of a poured concrete, cement block or stone foundation to ensure visual compatibility with surrounding residential structures. Ground level additions to a dwelling unit that are served by the dwelling unit's principal heating source require permanent frost-free perimeter foundations. Other enclosed additions to dwelling units may have a pier footing foundation system, provided the footings for the pier foundations are placed below the frost line and no pier footing foundations are placed in the front yard of the lot upon which the dwelling is situated. The term "permanent foundation" shall not include footings for steps, porches, decks or stoops.

Permitted use means a use by right which is specifically authorized in a particular zoning district.

Principal use means the main use of land or structures as distinguished from an accessory use.

Projections (into yards) means parts of buildings such as architectural features that extend beyond the building's exterior wall.

Retaining wall means any constructed structure designated or intended to hold back earth such as concrete, brick, timber, railroad ties, and other non-earthen material determined by the city to constitute a retaining wall.

Rural residential subdivision means a subdivision of real estate for residential purposes pursuant to chapter 166 of this Code within two miles of the corporate city limits, but not within the corporate city limits.

Service station (gas station) means a building or premises used for dispensing or offering for sale at retail any automobile fuels or oils, or having pumps and storage tanks therefor, or where battery, tire or any similar services are rendered and where vehicles are not parked for purposes of inspection or sale.

Setback means the required distance between every structure and lot line on the lot in which it is located. All applicable building setbacks as established by this chapter shall be measured from the property line to the building foundation line. Roof overhangs and normal architectural features extending up to three feet beyond the exterior wall of the foundation of the structure shall not be considered in computing the distance between the structure and the lot line. All roof overhangs and other architectural features extending more than three feet beyond the exterior wall of the foundation of the structure shall be considered for purposes of measuring the setback requirements to the extent those roof overhangs and architectural features exceed three feet in length.

Signs means any advertising device or surface out-of-doors, on- or off-premises, on which letters, illustrations, designs, figures or symbols are printed or attached and which conveys information or identification. The term "signs" shall include both display area and attached support devices.

Signs, off-premises, means an advertising device including the supporting structure which directs the attention of the general public to a business, service, or activity not usually conducted or a product not usually sold upon the premises where such a sign is located. The term "off-premises signs" shall not include on-premises signs or directional or other official signs which have a significant portion of their face devoted to giving public service information (date, time, temperature, weather, information, etc.).

Signs, on-premises, means an advertising device concerning the sale or lease of the property upon which they are located and advertising devices concerning activities conducted or products sold on the property upon which they are located.

Site-built home means a residential unit constructed at the building location using traditional construction techniques and few prefabricated components, also called a "stick-built house."

Special exception means a use specified in these regulations identifying specific conditions, limitations or restrictions, and which is subject to review for approval or denial by the board of adjustment according to the provisions set forth in this chapter.

Statement of intent means a statement preceding regulations for individual districts, intended to characterize the districts and their legislative purpose.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling or roof next above it.

Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than four feet above the floor below it. A half-story containing independent apartments or living quarters shall be counted as a full story.

Street means all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefor and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle, or however otherwise designated.

Street line means the right-of-way line of a street.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

Swimming pool means a water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used, and maintained for swimming and bathing.

Terrace means a level landscaped and/or surfaced area directly adjacent to a principal building or within three feet of a finished grade and not covered by a permanent roof.

Use means the purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.

Variance means a device used by the board of adjustment which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money, and which condition is not of the owner's own making.

Yard means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, excepting as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, the least distance between the lot line and the main building foundation line shall be used (see section 165.118).

Yard, front, means a yard extending across the width of the lot between side yards and measured between the front lot line and the building foundation line or any projections greater than three feet thereof, other than the projection of the usual steps or unenclosed porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions, except where the owner shall elect to front his building on a street parallel to the lot line having the greater dimension.

Yard, rear, means a yard extending across the width of the lot between side yards and measured between the rear lot line and the building foundation line or any projections greater than three feet other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots, the rear yard shall be the opposite end of the lot from the front yard.

Yard, side, means a yard extending from the front lot line to the rear lot line and measured between the side lot lines and the building foundation line. On corner lots, the yards not designated as front or rear yards shall be considered the side yards. Each corner lot shall have one front yard, a rear yard, and two side yards.

Zoning/building administrator means the local official responsible for reviewing zoning/building permits and following a determination by the zoning board of adjustment for special exceptions and variances. Decisions of the official may be appealed to the board of adjustment. Permits are issued by the zoning/building administrator.

Zoning codes means local ordinances adopted by the city council that regulate the use of land and the placement of buildings within a municipality and within a given area outside the corporate limits. Zoning codes frequently specify allowable height and bulk of building, lot coverage and setback distance.

Zoning district means a section the city designated in the text of this chapter and delineated on the zoning map in which requirements for the use of land, the building and development standards are prescribed. Within each district, all requirements are uniform.

Zoning map means the map delineating the boundaries of districts which, along with the zoning text, comprises the zoning ordinance from which this chapter is derived.

(Ord. No. 453, § 165.06, 9-2-2014)