The following principal uses are listed as provisional uses or special exceptions in various zones in this chapter.  These uses are required to meet the regulations indicated, in addition to the regulations of the zone in which the uses are allowed, only when this section is referred to in the requirements for each use.  In case of any conflict between the regulations of the zone in which the use is allowed as a provisional use or special exception and the additional regulations of this section, the most restrictive regulations shall govern.

1.   Accessory Apartments.  The installation of temporary accessory apartments in owner-occupied, single-family homes is permitted in accordance with the following requirements:

   A.   The accessory apartment shall be complete, separate housekeeping (dwelling) unit, independent in function from the principal single-family dwelling unit.

   B.   Not more than one accessory apartment may be established in a single-family dwelling.

   C.   The owner of the dwelling in which an accessory apartment is located must occupy at least one of the dwelling units on the premises as the permanent legal resident, except for bona fide temporary absences not to exceed six months at any one time.

   D.   The accessory apartment and the principal dwelling shall be under the same ownership.

   E.   The accessory apartment shall be designed so that the appearance of the building in which it is located remains that of a single-family residence.  Any new entrances should face the side or rear yard of the building, and no addition for an accessory apartment shall increase the floor area of the original dwelling by more than ten percent (10%).

   F.   One additional off-street parking space shall be provided for the accessory apartment.

   G.   Maximum Floor Area.  The accessory apartment shall be clearly subordinate in area to the single-family dwelling.  In no case may the accessory apartment contain more than thirty percent (30%) of the building’s total floor area, or be larger than 800 square feet, or have more than two bedrooms.

   H.   Minimum Floor Area.  The accessory apartment shall have at least 300 square feet of floor area.

   I.   Minimum Lot Area Per Unit:  None.

   J.   Prior to the issuance of an accessory apartment permit, the owner shall file in the office of the Building Official a declaration of covenants stating that the right to maintain an accessory apartment ceases upon transfer of title and the right to maintain an accessory apartment in no way constitutes approval of the dwelling as a duplex.

   K.   A notarized affidavit from the owner verifying that he/she will occupy one of the dwelling units on the premises except for bona fide temporary absences shall be submitted to the City prior to issuance of an accessory apartment permit.  Thereafter, the owner shall, as a requirement for continuance of the accessory apartment use, submit a notarized affidavit by January 31, each year, certifying compliance with this requirement.

   L.   The effective period of the permit shall be for three (3) years.  At the end of every three (3) years, renewal of the accessory apartment permit should be granted after completion of a routine housing inspection verifying that the property remains the principal residence of the owner and that all of the conditions of this chapter have been met.

2.   Cemeteries and Mausoleums.

   A.   Any new cemetery shall be located on a site containing not less than 20 acres.

   B.   All structures including, but not limited to, a mausoleum, permanent monuments or maintenance building shall be set back not less than 30 feet from any property line or street right-of-way line and all graves or burial lots shall be set back not less than 10 feet from any property line or street right-of-way.

3.   Child Daycare Facilities.  The following requirements apply when more than six (6) children are to be cared for, for more than two (2) hours at a time.

   A.   A fenced outdoor play area of not less than 100 square feet per child using the area at any given time shall be provided.

   B.   No playground equipment shall be permitted in the front or side yards.

   C.   Fenced play areas shall be enclosed or protected, well drained, free from hazards, and shall be readily accessible to the center.

   D.   The center shall be provided with at least 35 square feet of accessible, usable interior floor space per child, excluding kitchen, bathrooms and halls.

In addition to the requirements above, the facility’s operation and maintenance shall meet all applicable State and County requirements.

4.   Clubs.

   A.   Clubs shall be located with access to a major thoroughfare.

   B.   Dimensional Requirements.

      (1)   Minimum Lot Area:  40,000 square feet

      (2)   Minimum Yards:

(a)   Front Yard – 30 feet

(b)   Side Yard – 30 feet

(c)   Rear Yard – 50 feet

      (3)   Parking – no closer than 20 feet to a side or rear lot line.

      (4)   Building Bulk:

(a)   The maximum permitted floor area ratio shall be 0.3.

(b)   The maximum permitted building coverage shall be fifteen percent (15%).

5.   Drive-In Theaters.

   A.   The site shall have direct access to a major thoroughfare.

   B.   The viewing side of the theater screen shall not be visible from within 1,000 feet of any existing or proposed public street.

   C.   Cars parked in the viewing area shall be screened on all sides by a solid wall or fence not less than six (6) feet in height.

   D.   All entrances and exits shall be separated and internal circulation shall be laid out to provide one-way traffic.

   E.   Sale of refreshments shall be limited to patrons of the theater.

   F.   No central loudspeakers shall be permitted.

   G.   Amusement areas shall be limited to patrons of the theater.

6.   Dwellings, Zero Lot Line and Townhouses.

   A.   Where the abutting lot has been developed with a principal building having a setback of more than zero feet but less than 10 feet from the side lot line in common, the zero lot line dwelling shall be located so that there is a minimum of 10 feet between unattached buildings.  An easement from the abutting lot owner shall be secured prior to the issuance of a building permit to ensure that a zero or 10-foot separation is retained.

   B.   No portion of a wall, roof or appurtenance on the zero side yard shall project over the lot line.  Openings in the wall shall be prohibited.

   C.   Legal provision shall be made for permanent access for the maintenance of the exterior portion of the proposed building wall located upon the lot line and for other common elements such as aisles.  A permanent 10-foot maintenance easement to provide such access shall be secured prior to issuance of a building permit.

   D.   Each end unit of a townhouse shall have one (1) side yard of a minimum of 10 feet.

   E.   Each dwelling unit shall be provided with separate building access and with separate utility service from the street or rear lot line.

   F.   Each unit of a townhouse shall be located on a separate lot.

7.   Elderly Housing, Dimensional Requirements.

   A.   Minimum Lot Area Per Unit:  300 square feet

   B.   Minimum Yards:  None

   C.   Minimum Separation:  Two (2) or more separate buildings on the same lot shall be separated by a minimum horizontal distance equal to one of the following:

      (1)   The height of the highest building; or

      (2)   Eight (8) feet plus two (2) feet for each additional story above the second story, provided that no window of a dwelling unit is located on a side next to an adjacent building below the height of the adjacent building; or

      (3)   Two (2) times the height of the adjacent building above the window sill of any window of a dwelling unit located on the side next to the adjacent building.  (See Figure 14.)  The distance shall in no case be less than eight (8) feet plus two (2) feet for each story above the second story.

8.   Extraction.

   A.   Approval of the withdrawal of water, if required, shall be obtained from the Iowa Department of Natural Resources.

   B.   Approval for operation in a floodplain shall be obtained from the Iowa Department of Natural Resources.

   C.   A license to operate from the Division of Soil Conservation within the Iowa Department of Agriculture and Land Stewardship shall be obtained.  Failure to maintain said license shall constitute abandonment.

   D.   Extraction shall not occur within 1,000 feet of an R Zone.

   E.   Extraction shall not occur within 100 feet of abutting property or a street.

   F.   Compliance with all other applicable State regulations shall be met.

9.   Funeral Homes.

   A.   Funeral homes shall be located with access to a major thoroughfare.

   B.   The site shall have a minimum frontage of 120 feet and a minimum lot area of 20,000 square feet.

10.   Junk Yards.

   A.   No operation shall be permitted closer than 1,000 feet from any established R Zone.

   B.   All outdoor storage shall be conducted entirely within an enclosed fence, wall or other solid screen except for driveway areas.  Such solid screen shall be constructed on or inside the front, side and rear lot lines and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street or highway.  Storage, either temporary or permanent, between such fence or wall and any property line is expressly prohibited.  Junk or salvage materials shall not be piled higher than the height of the fence, or against the fence.

   C.   For fire protection, an unobstructed firebreak shall be maintained, 15 feet in width and completely surrounding the junk yard.

   D.   The storage of rags, paper and similar combustible waste shall not be closer than 100 feet to any property line, unless enclosed in a masonry building of not less than 4-hour fire resistive construction.

11.   Kennels and Veterinary Establishments.  No kennel area or animal yard shall be located within 400 feet of any dwelling not located on the premises.

12.   Neighborhood Centers.

   A.   Neighborhood centers shall be located with access to a major thoroughfare.

   B.   All centers engaged in child daycare shall meet the requirements of Section 165.30(3).

   C.   The hours of operation of neighborhood centers and outdoor activities on the site shall be limited to from 7:00 a.m. to 10:00 p.m.

   D.   Screening shall be provided between any parking areas abutting residential uses which require four or fewer parking spaces, in accordance with Section 165.43(8).

13.   Nursing Homes.

   A.   Nursing homes shall be located with access to a major thoroughfare.

   B.   Dimensional Requirements:

      (1)   Minimum Lot Area:  600 square feet of lot area per each bed

      (2)   Minimum Yards:

(a)   Front Yard - 40 feet

(b)   Side Yard -30 feet

(c)   Rear Yard - 25 feet

      (3)   The maximum permitted building coverage shall be forty percent (40%).

14.   Religious Institutions.

   A.   Religious institutions shall be located with access to a major thoroughfare.

   B.   Dimensional Requirements:

      (1)   Minimum Lot Area:  40,000 square feet

      (2)   Minimum Yards.  Two feet of horizontal distance shall be provided for each foot of building height measured between the nearest point of any lot line and the nearest point from which the height is measured.

15.   Stables.  Such structures shall be located at least 1,000 feet from any R Zone boundary.

16.   Bed and Breakfast Homes.

   A.   There shall be no more than the allowed number of guest rooms per structure in the LR and RS zoning districts.

   B.   Only breakfast may be served to the guests temporarily residing in the structure.

   C.   Off-street parking ratio shall be one space per guest room and a minimum of two spaces for the owner.  The parking spaces shall meet the standards established by the City.

   D.   Guests shall register upon arrival, stating their names, current residence address and the license plate number of the vehicle that is being used by the guest.  The registration form shall be kept by the owner for a period of three years and shall be made available for examination by a representative of the City upon one day’s notice.

   E.   The conditional use permit is not transferable.

   F.   The establishment must comply with local and State regulations regarding all applicable permits and licenses, including, but not limited to, fire, health, food service, hotel, liquor, revenue, building, zoning permits and licenses.

   G.   Conditional use permits to operate a bed and breakfast home must be renewed each year on November 1 and are subject to review at the time of renewal.