(D)   In single-family districts, number of stories may be increased to three and the building height may be increased to 45 feet if the side yard is increased to ten feet.

   (E)   See § 159.020 for height and area requirements for the MH Manufactured Home District.

 

(1999 Code, § 165.21) (Ord. 2247, passed 10-9-2001; Ord. 2296, passed 6-28-2005; Ord. 2566, passed 3-27-2018; Ord. 2599, passed 12-11-2018) Penalty, see § 159.999

   The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter or in effect after February 8, 1965.

      (1)   Schools, public buildings and institutions may be erected to a height not exceeding 85 feet in any district in which they are permitted, provided front and rear yards are increased in width one foot for each foot of height that the building exceeds the height regulations of the district in which it is located.

      (2)   The height regulations prescribed herein shall not apply to grain elevators, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, scenery lofts, ornamental towers and spires, chimney, elevator bulkheads, smoke stacks, conveyors, flag poles and heating, ventilation and air conditioning systems or wind energy conversions systems (as permitted under § 159.049(D)(24) below.

      (3)   The limitation on the number of stories shall not apply to buildings used exclusively for storage purposes, provided that the buildings do not exceed the height in feet permitted in the district in which they are located.

      (4)   Industrial buildings housing unmanned automated storage and retrieval systems ("ASRS") situated within the M-2 or M-3 zoning districts may be erected to a height not to exceed 135 feet provided the distance between such building and the nearest residential or commercial zoning district boundary shall be no less than 20 feet for each one foot of height that such building exceeds the generally applicable maximum height regulation for the zoning district in which the building is situated.

 

 

      (1)   Where 40% or more of the frontage on the same side of the street between two intersecting streets is developed with buildings which have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

      (2)   Where 40% or more of the frontage on the same side of a street between two intersecting streets is developed with buildings that do not have a front yard as described above, then:

         (a)   Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of adjacent buildings, including open porches on each side;

         (b)   Where a building is to be erected on a parcel of land that is within 100 feet of any existing building on one side only, the building may be erected as close to the street as the existing adjacent building; or

         (c)   Where a building is to be erected on a parcel of land that is more than 100 feet from any building on either side, a front yard having a depth of not less than 25 feet shall be provided.

      (3)   Interior lots fronting on two non-intersecting streets shall provide the required front yard on both streets.

      (4)   Building setback lines in approved subdivisions shall apply along the frontage in place of any other setback requirements unless specified yard requirements in this chapter require a greater setback.

      (5)   On corner lots, a front yard shall be provided on each street. For lots of record approved prior to February 8, 1965, a ten-foot side yard adjacent to the side street is observed except if the main building is closer than ten feet, in which case any addition can be in line with the existing building. All accessory buildings/uses must also follow these requirements.

      (6)   Filling station pumps and pump islands may be located within a required yard provided they are not less than 15 feet from any street line and not less than 50 feet from any residential district. Awnings and canopies that provide shelter for fuel pumps may encroach into required yards no closer than five feet from the lot line. On corner lots, all structures shall adhere to the requirements of visual clearance zones.

      (1)   Commercial or industrial buildings used in part for dwelling purposes shall provide side yards of not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard or court.

      (2)   For the purpose of side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one building occupying one lot.

      (3)   Whenever a lot of record approved prior to February 8, 1965, has a width of less than 50 feet, the side yard on each side of a building may be reduced to a width of not less than 10% of the width of the lot, but in no instance shall it be less than four feet.

      (4)   Side yards on corner lots shall follow the requirements for front yards on corner lots.

      (5)   A drive through roof structure, carport or canopy may project into a required side yard, provided every part of the roof structure, carport or canopy is unenclosed except for the necessary structural supports and is not less than five feet from any side lot line.

      (1)   Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear yard when determining area requirements for accessory buildings.

      (2)   On corner lots, the minimum required rear yard may be reduced to ten feet in the case of a building fronting on the long side of a lot, provided there is a minimum side yard of 25 feet on the side of the building not fronting a street.

      (1)   Accessory buildings must be in a rear or side yard and shall not occupy more than 30% of said yard in all zoning districts. In the C-2 and all M, A and R Districts, the height and aggregate ground cover of all residential accessory buildings shall not exceed those listed below.

         (a)   A maximum of three accessory buildings may be considered in determining aggregate ground cover.

 

         (b)   One yard shed, not exceeding 160 square feet in floor area, shall be permitted irrespective of the aggregate ground cover restrictions set forth above.

      (2)   All residential accessory buildings located on one acre lots or less, and all accessory buildings below 2,000 square feet (except yard sheds under 160 square feet in floor area), shall be constructed of materials that are the same or similar to the principal building, or, at a minimum, utilize residential siding that matches the principal building.

      (3)   On existing lots of record approved after February 8, 1965, detached accessory building shall follow all front yard regulations for corner lots. All others shall be set back from any adjacent street right-of-way line in accordance with the minimum distance required for a principal building on the same lot.

      (4)   If an accessory building in a residential district is located closer than ten feet to the main building, it shall be regarded as part of the main building for the purpose of determining side and rear yard requirements. If the accessory building is farther than ten feet from the main building, it shall not be closer than three feet from any side or rear property line, except as otherwise provided.

      (5)   If a garage is entered into from an alley, and the garage door is parallel to the alley, it shall not be located closer than five feet from the property line abutting the alley right-of-way.

      (6)   No accessory building shall be constructed upon a lot until the construction of the main building is under roof and no accessory building shall be used unless the main building on a lot is completed and used.

      (7)   No accessory building shall be used for dwelling purposes.

      (8)   All water runoff from an accessory building must be diverted onto the owner’s property.

      (9)   Any new accessory building must follow all zoning ordinances and any new accessory building over 160 square feet requires a building and/or zoning permit.

      (10)   Accessory buildings accessory to a residential use must follow all home occupation and commercial vehicle storage requirements in division (M) of this section, § 159.016(A)(9) and (13), § 159.017(A)(4), § 159.018(A)(7) and (9), § 159.047(D), and § 159.049(D)(26).

      (1)   Swimming pools are described as any structure intended for swimming, recreational bathing or wading that contains water over 24 inches deep. This includes in-ground, above-ground and on-ground pools, hot tubs, spas and fixed-in-place wading pools.

      (2)   Swimming pools are not allowed to be located in any front yard.

      (3)   For in-ground, above-ground and on-ground swimming pools, hot tubs, spas and fixed-in place wading pool, including any attached decks, may not be closer than two feet to any side or rear property line.

      (4)   Except in the case of corner lots, when the swimming pool, hot tub, spa or fixed-in place wade pool is located ten feet or less from the main building, it can be in line with the existing building line. If it is located more than ten feet from the main building, it must be a minimum of ten feet from the corner street side property line. A ten-foot visual clearance zone must be observed when a corner front or side property line abuts an alley.

      (1)   (a)   Fences shall be constructed of material commonly used for landscape fencing, such as masonry block, lumber, plastic, chain link or natural plantings, but shall not include barbed wire, salvage material or be electrified. Electrified fences and barbed wire may be used for permitted livestock containment and horse stables.

         (b)   In all zoning districts, the smooth, finished, nonstructural or dressed side of the fence, if any, shall be directed toward the neighboring property or properties.

      (2)   Fences, walls or screen plantings may be located on a residential property in any rear or side yard from the front building line to the rear property line not to exceed six feet. In the front yard from the front building line to the front property line, a fence that provides openings of at least 75% in area of the vertical surface to permit the transmission of light, air or vision through the vertical surface at a right angle may be constructed to a height not to exceed four feet. Fences not providing openings of at least 75% may not exceed a height of three feet.

      (3)   On corner lots, both yards that abut a street must follow the requirements for fences in front yards, except that fences not providing openings of at least 75% may not exceed a height of three feet and must provide a 20-foot visual clearance zone at all street intersections and a ten-foot visual clearance zone when a corner lot front or side property line abuts an alley. Fences not meeting the height standards must be located ten feet from the side and rear property line on the corner side.

      (4)   In the C-2, C2-M, M-1, M-2 and M-3 commercial and industrial districts, nonresidential fences may be up to eight feet in height in the rear and side yards and up to six feet in height in a front yard, provided that all fences located in a front yard are constructed of see-through material. If barbed wire is needed for security reasons, the fence may be extended another foot to a maximum height of nine feet in rear and side yards and seven feet in front yards. Barbed wire may not be closer than six feet to the ground and may not overhang any public right-of-way. Any fence higher that this maximum height or constructed of material other than see-through material in front yards must be approved by the Board of Adjustment. Visual clearance zones shall also apply.

         (a)   Chain link fencing for public parks and recreational areas and school facilities may be erected to a height of six feet.

         (b)   In all zoning districts, public and nonpublic buildings and facilities essential to the physical welfare of an area, such as electrical distribution substations, pipeline pumping stations, gas regulators, water storage facilities and similar uses may be surrounded by a fence having a height above ground of not more than ten feet. Additionally, public utility buildings, as outlined in division (S) herein, are required to have solid visual barriers and/or natural plantings. In the event that fencing is utilized that is not a privacy fence or other permanent, solid material, the utility specific screening requirement can be met with the planting and permanent maintenance of sufficient mature trees to effectively block the view of said building and/or structures. Any natural screening must be maintained to effectively block the view of said public utility buildings.

      (5)   Fences located outside of property lines on public rights-of-way are allowed only if approved by the Public Works Director or authorized with respect to a sidewalk café pursuant to § 97.042. If so approved or authorized, the abutting property owner must assume responsibility for maintaining the fence. If the property is needed by the city, the owner is responsible for removing the fence. With the exception of authorized fences enclosing a sidewalk café, fences placed in the right-of-way may not be closer than 18 inches from a public sidewalk.

      (1)   All unenclosed porches in existence prior to July 10, 1979, may be enclosed after obtaining a building permit. All porches constructed after this date will be required to adhere to all required yard requirements unless otherwise allowed in this section.

      (2)   Open decks or porches, but not including permanently roofed-over or enclosed decks or porches, may extend no more than 15 feet into a required front yard or rear yard. However, the encroachment shall maintain a minimum distance of ten feet from a public right-of-way. The following deck and porch encroachments into yards will be allowed as long as the deck or porch remains uncovered:

         (a)   In front yards, the floor of an open deck located in a required front yard shall not exceed three feet in height above the average ground level. The total height of the deck (measured from the ground to the top rail) cannot exceed six feet. Also, the vertical surface of the area above the floor of the deck must provide openings of not less than 50% in area in order to permit the transmission of light, air and vision through the vertical surface at the right angle.

         (b)   In rear yards, all new, unenclosed decks and porches must maintain a minimum distance of five feet from any accessory building.

         (c)   In side yards, all new, unenclosed decks and porches may extend three feet into a required side yard but shall not be closer than two feet from any side property line.

      (3)   Steps or ramps which are necessary to provide access to a lawful building or for access to a lot from a street or alley may encroach into a required yard.

      (1)   Adult entertainment establishments are allowed only in the M-3 Zoning District.

      (2)   No adult entertainment establishment shall be located within 1,000 feet of any other establishment.

      (3)   No adult entertainment establishment shall be located within 1,000 feet of any school, church or residential zoning district. To determine minimum separation distances, measurements shall be taken on a direct line from the closest customer entrance of the establishment to the nearest property line of any other establishment, school, church or residential zoning district.

         (a)   The occupation or activity must be clearly incidental and secondary to the use of the premises as a dwelling. The occupation or activity shall not occupy more than 25% of the floor area of a building, not to exceed 400 square feet.

         (b)   The occupation or activity must be carried on wholly within a main building or approved accessory building.

         (c)   The occupation or activity must be carried on by a member of the family residing on the premises. No person not a resident on the premises shall be employed. No person not a member of the family shall be employed.

         (d)   No stock in trade or food or commodities may be sold on the premises as a primary source of income.

         (e)   No external alterations or special construction of the premises can be done. No exterior indication, except for the permitted sign, that the building is being used for any purpose other than a dwelling shall exist.

         (f)   No occupations or activities are permitted which are noxious, offensive or hazardous by reason of pedestrian or vehicular traffic or by creation of noise, odor, refuse, heat, vibration, smoke, dust, glare, radiation or other objectionable emissions or by interference with television or radio reception.

         (g)   No substantial volumes of vehicular traffic or parking demand shall be created.

         (h)   No advertising sign shall be displayed except for an unlighted name plate flat against the building not exceeding two square feet in area, stating only the resident’s name and occupation.

         (i)   There shall be no off-premises signs, radio, television, newspaper, handbill or similar advertisement linking the premises with the home occupation. The advertisement of the home occupation within a telephone directory, excluding the address, is permitted. Also permitted is the advertisement of the resident’s name, home occupation and phone number only within a newspaper.

         (j)   The activity shall not involve any outside storage nor in any way create, outside the building, any external evidence of the operation.

         (k)   Divisions (c), (g) and (j) above shall not apply to vehicle for hire businesses or vehicle for hire drivers as defined in Chapter 114 of this code.

         (a)   Studio of an artist, photographer, craftsman, writer or composer;

         (b)   A family day care facility operating under the provisions of the Iowa Code Chapter 237A. An exception is hereby established in the case of family day care facilities under the Iowa Code Chapter 237A. The exception pertains to the restriction that only resident members of the family can be employed on the premises. Where Iowa Code Chapter 237A requires additional employees, those employees may be nonresidential, non-members of the family, provided a member or members of the family are the licensed or registered party and are in charge of the family day care facility. Inspection by the Fire Marshal of all family day care facilities is required;

         (c)   Domestic service activities such as sewing, tailoring and laundering;

         (d)   Pet clipping;

         (e)   Barber shop and beauty shop;

         (f)   Carpentry shop, cabinet making, upholstering, furniture repair, refinishing, sign making or other similar occupations;

         (g)   Home-based businesses where the service is provided off-premises;

         (h)   Sale of real estate and/or insurance;

         (i)   Office of a physician or dentist for consultation or emergency treatment, but not for general professional practice;

         (j)   Teaching, limited to not more than six pupils at one time;

         (k)   Telemarketing, computer programming and repair and services provided over the internet; and

         (l)   Mail order businesses where products are shipped directly from the supplier to the customer.

         (a)   Motor repair service or auto body repair service;

         (b)   Junk yard or salvage yard activity, as those terms are defined in Chapter 122 of this code, or welding activity;

         (c)   Restaurants or taverns;

         (d)   Convalescent homes;

         (e)   Rooming and boarding house;

         (f)   Gift, craft or antique shops;

         (g)   Animal husbandry, kennels or commercial horse stables;

         (h)   Tattooing, body piercing, fortune telling or massage services;

         (i)   Business or store of any kind with stock for trade or sale; and

         (j)   Warehousing or storage of materials or merchandise.

         (a)   Activities conducted in an office setting and primarily focusing on administrative, business, governmental, professional, medical or financial services. Contractors and others who perform services off-site and no equipment or materials are stored on the site, are also included in this category.

         (b)   Examples include: banking and bank-related services, data processing, government offices and facilities, telemarketing, insurance services, lending credit services, public utility offices, real estate, medical/dental/chiropractic clinics, radio and television studios and offices of architects, engineers and lawyers.

         (a)   Facilities providing entertainment or recreation services and eating and drinking establishments. Definition excludes adult entertainment establishments.

         (b)   Examples include: bars and taverns, banquet halls, bowling alleys, exhibiting and meeting halls, health clubs, game arcades, lodges and social clubs, movie theaters, pool halls, restaurants, cafes and delicatessens.

         (a)   Uses involve the sale, lease or rental of new or used consumer products, including prepared foods, to the general public and uses providing services involving predominately personal or business services, including repair of consumer and business goods. Does not include vehicle repairs. Lumber yards and other building material facilities selling primarily to contractors and not the general public are classified as a wholesale establishment. Sale, rental or leasing of heavy trucks and equipment are classified as a wholesale establishment.

         (b)   Retail sales example include antiques, appliances, art supplies, automobile supplies, bakeries, candy, clothing, convenience stores, computers, delicatessens, electronics, fabric, furniture, garden supplies, groceries, hardware, home improvements, jewelry, office supply, pharmacy, plants, flowers, shoes, sporting goods, stationary, toys and videos.

         (c)   Retail personal, business and repair service examples include animal grooming, printing services, barber and beauty shops, business schools, dance or music studios, dry cleaning, employment services, equipment rental and leasing, medical care services, kennels, laundromats, photography studios, sign making, tailors, television, bicycle, shoe, gun, appliance and office equipment repair, upholsterers, veterinarian offices.

         (a)   Uses that involve the sale, lease or rental of products primarily intended for industrial, institutional or commercial businesses. Business may or may not be open to the general public, but sales to the general public are limited.

         (b)   Examples include: mail order houses, electrical supplies, heating and plumbing equipment, equipment, machine parts, restaurant equipment, special trade tools, store fixtures, welding supplies, auto parts, alcoholic beverages, food.

         (a)   Uses that involve the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products, but not including consumer goods service or repair. Does not include salvage yards.

         (b)   Examples include: building, heating or electric contractors, electric motor repair, exterminators, fuel oil dispensers, heavy machinery sales including repair and storage, buses and heavy truck servicing and repair, machine shops, tool repair, towing and vehicle storage, truck stops, welding shops.

         (a)   Uses that involve the manufacturing, processing, fabrication, packaging or assembly of goods, excluding special uses listed in § 159.032(A). Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed of sold on site, but if so, they are a subordinate part of sales.

         (b)   Examples include: apparel, textile, chemicals, rubber, leather, clay plastic, stone and glass materials manufacturing, concrete batching and asphalt mixing, energy production, food and related products manufacturing, furniture and fixture manufacturing, lumber and wood products manufacturing, metal and metal products manufacturing, including enameling and galvanizing, machinery and electrical equipment, manufactured homes and prefabrication manufacturing, printing and publishing, woodworking, including cabinetry.

         (a)   Uses that involve the storage or movement of goods. Does not include the storage of sand, gravel, grain or mini-storage facilities. No on-site sales.

         (b)   Examples include: freight storage, inter-model transfer facilities, warehousing, truck and rail freight terminals, warehouses used by retail stores, wholesale distribution centers.

         (a)   Uses that receive solid or liquid waste from other uses for disposal, storage or treatment on-site or for transfer to another location; uses that collect sanitary wastes; uses that treat contaminated material; uses that process materials for recycling; and uses that manufacture or produce goods or energy from the composting of organic material.

         (b)   Examples include: recycling operations, treatment plants, waste composting, waste incineration, solid waste disposal facility, medical waste handling, storage and incineration, waste transfer station, hazardous waste handling, storage and incineration.

      (1)   (a)   In order that buildings, structures and landscaping elements will be in harmony with other structures and improvements in the city, the following building standards shall apply to all new construction.

         (b)   For all new construction, the preferred exterior building materials shall include, but are not limited to brick or other suitable clay masonry material, stone veneer, granite, cast in place concrete panels, finished faced precast concrete, ceramic tile, decorative concrete block and tinted glass.

      (2)   (a)   New construction not meeting the requirements of division (O)(1)(b) above shall have the front exterior meet the following standards.

         (b)   The front exterior of a new building shall have as a facing material on a minimum of 30% of the gross wall area from the eave or coping line down to grade line one of the preferred materials listed in division (O)(1)(b), glazed tile, wood, glass or an approved equivalent.

      (3)   Buildings on corner lots shall follow these requirements for both street frontages.

      (4)   Material guidelines:

         (a)   Material used shall be selected for suitability to the type of building or design in which they are used.

         (b)   Materials shall have good architectural quality and character.

      (5)   Exceptions. Buildings completely screened by other buildings from a public street or not clearly visible from a public street shall be exempt from these requirements.

      (6)   In the event that a dispute arises as to which wall constitutes the front of a building, the decision shall be made solely by the Zoning Committee of the City Plan Commission by considering what the general public would regard as the front of the building. The Zoning Committee will also determine alternative facing material than those specified in this section.

      (1)   Definitions.

      (2)   The OSA permit is for permanent outdoor service areas for bars, taverns and/or restaurants with bars that are not temporary in nature.

      (3)   All OSAs must comply with these requirements by August 1, 2023. Each OSA will be inspected annually by the Fire Marshal and/or the Building Official as part of the annual liquor license inspection.

      (4)   All OSA must have a clear delineation of the OSA area. Any OSA located within 100 feet of a residential district must have a six foot solid visual barrier. No open alcohol containers shall be sold or taken out of the delineated OSA area.

      (5)   The OSA will not impair/impede an adequate amount of air and light to the adjacent properties.

      (6)   The OSA will not unreasonably increase the congestion in public streets or alleys.

      (7)   The OSA will not in any way impair the public health, comfort, safety and welfare of the inhabitants of the city.

      (8)   The OSA will not in any other respects impair the public health, comfort, safety or welfare of the inhabitants of the city.

      (9)   The OSA must have at least one 30-gallon trash receptacle or a proportionate number of receptacles to meet this requirement.

      (10)   The OSA will not increase the danger of fire, or of the public safety, and it will meet all current Fire Code regulations. (All aspects of the OSA must meet the requirements of the Fire Marshal and the Building Official.)

      (11)   The OSA will not use any type of amplified music or loudspeakers that will violate the noise regulations of the city, as found in § 92.04 and Ch. 93 of this code.

      (12)   The OSA will not have any advertising, signs or graffiti-like markings on the exterior of the wall/fence, and the wall/fence must be properly maintained so as not to be a nuisance, and continue to provide adequate site and sound barrier.

      (13)   Each OSA must have an exit from the outdoor area. If the establishment has a class II exemption, or elects for no exemption (as defined in § 110.16), for its liquor license and has the six foot barrier, the exit must be alarmed and only be accessible from the inside of the OSA. If the establishment has a class I exemption liquor license, no barrier or alarmed exit are required. Exits must meet fire code.

      (14)   Each OSA that is entered through a required egress from the establishment must provide a clear path for emergency exiting to the OSA exit.

      (15)   The exit gate/door from the OSA must swing in the direction of the egress with panic hardware.

      (16)   The OSA egress must be illuminated at all times while the area is in use.

      (17)   The occupant load for the establishment that installs an OSA will be based on the current occupancy load of the inside of the establishment. The occupancy load for the OSA will be determined by the Fire Marshal and/or Building Official.

      (18)   Portable fire extinguisher must be located inside the establishment within ten feet of the OSA entrance (unless a portable fire extinguisher is kept in the OSA). The Fire Marshal or Building Official shall determine the quantity of required extinguishers.

      (19)   The OSA for establishments that have a class II liquor license exemption, or elects to have no class exemption (as defined in § 110.16), closer than 100 feet to a residential district shall have the OSA secure with a six-foot solid visual barrier wall or fence enclosure on all sides, built to the ground, provided that this provision shall not apply to OSA’s located within a sidewalk café authorized pursuant to § 97.042.

      (20)   The OSA shall be in a side or rear yard area wherever possible; or in a sidewalk café authorized pursuant to § 97.042, wherever located; and complies with all zoning regulations in the district in which the use is to be located. OSAs in front yards are allowed if no rear or side options are available, provided it meets all other special use and zoning requirements.

      (21)   The OSA will be contiguous with a part of the main building and will not be closer than ten feet to any residential unit.

      (22)   The OSA for liquor establishments with a class II exemption, or elects to have no class exemption (as defined in § 110.16), that is within 100 feet of a residential district, will not have an entrance to the walled/fenced area except through the bar/restaurant establishment.

      (23)   The OSA must have a non-combustible floor surface and have sufficient lighting to illuminate the entire OSA, and it must have a solid, level floor that will not cause a tripping/falling hazard to occupants and employees.

      (24)   The OSA will not have a roof or roof covering over more than 50% of the walled/fenced area.

      (25)   The OSA must provide non-combustible ash trays and containers for removal of ashes and cigarette butts.

      (26)   The OSA for golf courses are excluded.

      (27)   The OSA will have no open-flame decorative or heating devices unless prior inspection and approval has been granted from the Fire Marshal or Building Code Official.

      (1)   These regulations do not apply to special event centers, fairs, carnivals, festivals or similar events located on public property.

      (2)   These regulations shall not contradict or repeal any current ordinance, resolution or law in effect upon the enactment by ordinance or resolution of this document.

      (3)   The TOSA permit is for temporary outdoor service areas for bars, taverns, and/or restaurants that are contiguous with a bar, tavern, or restaurant that exists and that has a current liquor license with the city and the State of Iowa and is valid for the requested and approved time period only.

      (4)   The application must be filed with the City Clerk at least 45 days before the event is to take place to ensure that all departments have sufficient time to consider approval for the event.

      (5)   Each application will be reviewed by the Fire Marshal, the Building Official and the Police Chief or their designated representative. An inspection is also required by the Building Official to verify compliance with these regulations.

      (6)   The temporary event will not impair/impede an adequate amount of air and light to the adjacent properties and will not create excessive light that adversely affects neighboring properties including residential neighborhoods and properties. The area must have sufficient illumination for the duration of the event.

      (7)   The area/event will not cause any congestion in public streets or alleys.

      (8)   The area/event will not in any way impair the public health, comfort, safety and welfare of the inhabitants of the city.

      (9)   The area must have sufficient trash receptacles to ensure that trash, garbage and debris are kept inside containers and will not litter the grounds or surrounding properties. All trash, garbage and debris will be collected and contained at all times during the event including all parking areas and public right-of-ways.

      (10)   The area/event will not increase the danger of fire or of the public safety, and it will meet all current city ordinances and will not decrease the required amount of parking spaces and it will not adversely affect the surrounding neighborhoods.

      (11)   Those TOSAs that affect the normal parking areas must provide a written plan for parking for the event(s).

      (12)   The owner of the establishment or the liquor license will regulate any type of amplified music or loudspeakers to ensure that the noise does not violate the city noise ordinance, Chapter 93 of this code.

      (13)   Each application must provide a plan for portable restroom facilities, based upon the expected attendance of the event.

      (14)   Each area/event must have its entire area enclosed with temporary fencing to ensure security and enforcement of all requirements and laws concerning the liquor license and TOSA permit, and must have the entrance staffed with sufficient employees to ensure safety, security and enforcement of all requirements and laws concerning the liquor license and the TOSA permit.

      (15)   The occupant load for the establishment that installs a TOSA will be based on the current occupancy load of the inside of the establishment, and may not increase the occupancy load of the inside of the establishment by more than 10%, according to the Life Safety Code.

      (16)   The area/event will be contiguous with a part of the main building and will not be closer than ten feet to any residential unit.

      (17)   The establishment must provide non-combustible ash trays and containers for removal of ashes and cigarette butts and must have a non-combustible floor.

      (18)   Portable fire extinguisher must be located inside the establishment within ten feet of the OSA entrance (unless a portable fire extinguisher is kept in the OSA). The Fire Marshal or Building Official shall determine the quantity of required extinguishers.

      (19)   A copy of each application and the regulations will be placed on file with the Building Official, the Fire Marshal and the Police Chief, as well as the City Clerk, for purposes of enforcement during the event.

            1.   The property for which the permit is sought has passed inspection by Building and Neighborhood Services;

            2.   All inspection fees have been paid;

            3.   There are no nuisance conditions, or unresolved violations of nuisance ordinance, on the property;

            4.   The parcel of land for which the permit is sought contains only one single-family dwelling which is occupied and used as such by the applicant/permittee;

            5.   The applicant has provided written verification of the consent of the owner of the parcel of land for which the permit is sought, if the applicant is not the owner, and is instead tenant, lessee or otherwise authorized to reside at and use the property;

            6.   The applicant has provided verification they successfully completed an approved class in raising chickens in an urban, or suburban, setting. The City Clerk/Administrator shall maintain a current list of approved classes.

            7.   The application is in compliance with all other conditions and prerequisites set out in this ordinance;

            1.   The permittee shall follow the City Code and state law regarding animal care;

            2.   The permittee grants the city the right to inspect the coop and pen with due notice;

            3.   The permit is a limited license for the specific activity and person named in the permit, and no vested zoning rights arise from the permit being issued. The permit is limited to the party to whom it is issued, and does not run with the land;

            4.   The permit will be permanent unless revoked.

            1.   Coops, including tractors, must be at least ten feet from any property lines

            2.   Coops must be at least five feet from the principle use residential structure on the applicant’s property.

            3.   Coops must be in the rear yard of the property.

         (a)   Enclosures, coops and tractors must be kept in clean, dry, odor free, neat and sanitary conditions at all times.

         (b)   Coops and tractors shall be well maintained.

         (c)   Coops and tractors must provide adequate ventilation, sun and shade.

         (d)   Coops and tractors shall be constructed, maintained and repaired to prevent entry by rodents, wild birds, predators, dogs and cats.

         (e)   Coops and tractors shall be built of solid materials such as wood, metal or plastic.

         (f)   Coops and tractors shall be at least 18 inches in height.

         (g)   Coops and tractors shall be designed to provide safe and healthy living conditions for the chickens which reside therein, with a minimum of 16 square feet. Maximum coop size is 96 square feet. Coops must allow a minimum of four square feet per chicken.

         (h)   Coops and tractors shall be enclosed on all sides and shall have a roof and at least one door. Access doors must be able to be shut and locked at night. Opening windows, vents or doors must be covered with predator and bird proof wire of less than one-inch openings.

         (i)   Materials used for coops or tractors shall be uniform of each element of the structure that the walls are made of the same material, the roof has the same shingles or covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal or similar materials is prohibited.

      (1)   Buildings and structures necessary to support water, wastewater, sewer, gas and electric utilities ("public utility buildings"), including but not limited to substations and pump stations, are hereby permitted in any zoned district.

      (2)   Public utility buildings are hereby exempt from any potential design standards that may be required in a zoned district.

      (3)   Public utility buildings are required to meet all other zoning requirements of the applicable zoning district, including but not limited to setback requirements.

      (4)   Utility plants, including but not limited to power plants and wastewater treatment plants are hereby permitted in M-2 and M-3 zoned districts only.

(1999 Code, § 165.22) (Ord. 2119, passed 8-8-2000; Ord. 2247, passed 10-9-2001; Ord. 2256, passed 6-25-2002; Ord. 2296, passed 6-28-2005; Ord. 2326, passed 6-13-2006; Ord. 2352, passed 7-24-2007; Ord. 2368, passed 5-27-2008; Ord. 2391, passed 10-28-2008; Ord. 2403, passed 4-14-2009; Ord. 2411, passed 4-27-2010; Ord. 2425, passed 9-14-2010; Ord. 2508, passed 6-24-2014; Ord. 2544, passed 10-25-2016; Ord. 2562, passed 1-9-2018; Ord. 2581, passed 5-8-2018; Ord. 2609, passed 4-23-2019; Ord. 2684, passed 9-14-2021; Ord. 2688, passed 10-12-2021; Ord. 2723, passed 3-28-2023; Ord. 2732, passed 7-11-2023; Ord. 2733, passed 10-10-2023; Ord. 2752, passed 9-24-2024; Ord. 2767, passed 2-25-2025) Penalty, see § 159.999

      COMMUNITY-SCALE SOLAR (HYBRID). A large solar array, typically smaller than a commercial array, which is built to meet the power needs of interested customers in a particular area based upon a contract solely with the interested customer in that area. Utility-scale and community solar projects may be of any size, except as limited herein, and provided they meet the regulations contained in Chapter 159, including especially this section, and all other requirements of this code.

         (a)   A large-scale solar array which is designed to provide large-scale power output which is designed to service multiple parcels outside the parcel on which is situated, and which power is sold to multiple residential and commercial users in its service area. Examples include, but are not limited to:

            1.   A utility, municipality (if the electric utility is owned by a city), or an electric cooperative (in more rural areas) to serve both residential and commercial customers in their service area;

            2.   A corporation to power its needs in a particular region;

            3.   One or more large universities or other institutions in the same area that pool together to buy electricity.

         (b)   Utility-scale and community solar projects may be of any size, except as limited herein, and provided they meet the regulations contained in Chapter 159, including especially this section, and all other requirements of this code.

         (a)   Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building-mounted mechanical devices or equipment.

         (b)   Ground- or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt. In all residential districts, ground or pole mount must follow accessory building height restrictions.

         (c)   Solar carports in non-residential districts shall not exceed 20 feet in height from parking grade.

            1.   Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof.

            2.   Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

         (a)   Ground-mounted solar farm systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.

         (b)   Solar carports in non-residential districts are exempt from lot coverage limitations.

            1.   Setbacks; residential, commercial and agricultural principle (owner) use solar. Ground-mount solar arrays are to be treated similar to an accessory structure, with all height, area, and setback requirements listed in §  159.046(G).

               a.   If required, a screening plan shall be submitted that identifies the type and extent of screening for ground-mount arrays.

               b.   Screening shall be consistent with the city's screening ordinance or standards typically applied for other land use requiring screening.

               c.   The city may require screening where it determines there is a clear community interest in maintaining a viewshed.

               a.   Property line setback for buildings or structures in the district in which the system is located, except as other determined in division (C)(2)(a)1.e. below.

               b.   Roadway setback of 15 feet from the ROW centerline of state highways and CSAHs, 100 feet for other roads, except as determined in division (C)(2)(a)1.e. below.

               c.   Housing unit setback of 150 feet from any existing dwelling unit, except as other determined in division (C)(2)(a)1.e. below.

               d.   Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.

               e.   All setbacks can be reduced by 50% if the array is fully screened from the setback point of measurement.

               a.   A screening plan shall be submitted that identifies the type and extent of screening.

               b.   Screening shall be consistent with the city's screening ordinance or standards typically applied for other land uses requiring screening.

               c.   Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.

               d.   The city may require screening where it determines there is a clear community interest in maintaining a viewshed.

               a.   Large scale removal of mature trees on the site is discouraged. The city may set additional restrictions on tree clearing or require mitigation for cleared trees.

               b.   The applicant shall submit a vegetative management plan prepared by a qualified professional or reviewed and approved by a natural resource agency or authority, such as the Natural Resources Conservation Service of the United States Department of Agriculture, Iowa State University Extension and Outreach, the Iowa Department of Natural Resources, and the Iowa Department of Agriculture and Land Stewardship. The plan shall identify:

                  i.   The natural resource professionals consulted or responsible for the plan.

                  ii.   The conservation, habitat, eco-system, or agricultural goals, which may include: providing habitat for pollinators such as bees and monarch butterflies, providing habitat for wildlife such as upland nesting birds and other wildlife, establishing vegetation for livestock grazing, reducing on-site soil erosion, and improving or protecting surface or ground water quality.

                  iii.   The intended mix of vegetation upon establishment.

                  iv.   The management methods and schedules for how the vegetation will be managed on an annual basis, with particular attention given to the establishment period of approximately three years.

               c.   Soils shall be planted and maintained in perennial vegetation for the full operational life of the project, to prevent erosion, manage run off and build soil.

               d.   Vegetative cover should include a mix of perennial grasses and wildflowers that will preferably result in a short stature prairie with a diversity of forbs or flowering plants that bloom throughout the growing season. Blooming shrubs may be used in buffer areas as appropriate for visual screening. Perennial vegetation (grasses and forbs) are preferably native to Iowa, but where appropriate to the vegetative management plan goals, may also include other naturalized and non-invasive species which provided habitat for pollinators and wildlife and/or other ecosystem services (i.e. clovers).

               e.   Plant material must not have been treated with systemic insecticides, particularly neonicotinoids.

            1.   Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.

            2.   Using an interim use or time-limited CUP that allows the site to be returned to agriculture at the end of life of the solar installation.

            3.   Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project site.

            4.   Locating the project in a wellhead protection area for the purpose of removing agricultural uses from high risk recharge areas.

            1.   Decommissioning of the system must occur in the event the project is not in use for 12 consecutive months.

            2.   The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.

            3.   Disposal of structures and/or foundations shall meet the provisions of the city’s solid waste ordinance.

            4.   The city may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning.

            3.   A special use permit shall be required from the Zoning Board of Adjustment prior to installation of any community-scale solar array.

            1.   M-1 and M-2 Districts:

               a.   Solar fields may only be installed on sites that are 25 contiguous acres or less.

               b.   The property shall be maintained by cutting or destroying all grasses, weeds, vines and brush when the growth exceeds eight inches in height.

            2.   M-3 Districts south of Highway 30 and west of South 54th Street.

               a.   Solar arrays may be any size.

               b.   Solar arrays may only be installed on sites south of Highway 30 and west of South 54th Street.

               c.   The property shall be maintained by cutting or destroying all grasses, weeds, vines, and brush when the growth exceeds eight inches in height.

               d.   For prairie grass plots and pollinator pockets around solar arrays, the growth shall be mowed or otherwise reduced to eight inches in height a minimum of once per calendar year.

            3.   A special use permit shall be required from the Zoning Board of Adjustment prior to installation for any large-scale solar array. Further, City Council permission, including any required additional limits or conditions the Council deems appropriate, shall be required.

         (c)   Applicant must provide for any community-scale or large-scale solar farms contemplated, an opinion from a certified Iowa professional engineer, outlining the removal and disposal procedure for all solar panels once said panels are decommissioned due to failure, damage or other defect, including a fair market value estimate of decommissioning and disposal costs of the same. Said cost of decommissioning and disposal must be updated with a supplemental report to Building and Neighborhood Services every two years following initial completion of the solar array, beginning on the two-year anniversary of completion. Further, applicant must provide proof of a bond in an amount sufficient to pay for all decommissioning and disposal of the entire solar array on the permitted property. In lieu of a bond, applicant may provide a cash deposit in the amount of the engineer's decommissioning estimate, which shall be kept in an interest-bearing account by the city. Said bond or cash deposit shall be increased commensurate with any recommended increases by the applicant's engineer during the life of the project. In the event of a cash deposit which is not depleted by the decommissioning and disposal costs, the remainder, plus any accrued interest on the remainder, shall be refunded to the applicant, or applicant's successor.

         (d)   In the event that applicant sells or transfers any ownership interest in the array during the life of the array, said transfer documents shall contain reference to this section and the decommissioning requirement. All successor owners shall be subject to this provision.

         (e)   No special use permit shall be granted for any community-scale or large-scale solar farm unless the project limit is at least 300 feet from any residential structure.

         (f)   All special use permits and conditional use permits for community-scale or large-scale solar farms shall require written notice, consistent with city and state zoning notice requirements, to all property owners whose lot lines are within 1,000 feet of the lot lines of the proposed parcel where the solar farm is contemplated to be built.

         (g)   All community-scale or large-scale solar farms shall be built no closer than 50 feet from any public right-of-way.

         (h)   All community-scale and large-scale solar farms shall be installed in such a way to eliminate any glare or reflection causing a nuisance to any other property, and screening in the form of trees, berms, fences and the like may be imposed as the Zoning Board of Adjustment, or the City Council may deem appropriate.

         (i)   No community-scale or large-scale solar farm shall be granted any special use permit if the proposed location is within one air mile of any existing previously approved community-scale or large-scale solar farm within the city limits.

(Ord. 2734, passed 11-28-2023; Ord. 2736, passed 3-26-2024; Ord. 2747, passed 6-11-2024)

   (C)    In the event a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the use regulations of the district, except that a legal nonconforming use for a two-family dwelling can be reinstated, regardless of the length of time that it was discontinued, provided all other conditions of the zoning regulations and all other ordinances were met, and a single-family residential in a C-2 District that was previously intended for single-family use prior to August 11, 2015, may be converted back to residential regardless of the length of time that it was discontinued, provided all other conditions of the zoning regulations and all other ordinances were met.

   (D)   No nonconforming use, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed or structurally altered unless the use is changed to a use permitted in the district. The provisions of this division shall not apply to existing residences in the M-1, M-2 or M-3 Districts and existing residences in C-2 District prior to August 11, 2015; nor shall the provisions of this division preclude the construction, enlargement, extension, reconstruction, or structural alteration of accessory buildings appurtenant to a nonconforming residential use in the C-2 Districts, provided such buildings comply with the required setbacks for R-1C District and the provisions of § 159.046(G).

   (E)   Direction or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue and any signs shall not be expanded in area, height, number or illumination. New signs, not to exceed 36 square feet in aggregate area, may be erected only after all other signs existing at the time of the adoption of this chapter are removed. New signs in conformity with the above regulations may have illumination not to exceed 60 watts on one face of the sign, but flashing, intermittent or moving illumination signs are not permitted.

   (F)   The adoption of this section shall not create any new nonconforming uses or validate any existing nonconforming uses unless any existing zoning districts are amended.

   (G)   If a nonconforming building or structure is damaged by more than 50% of its assessed value by fire, wind, tornado or other natural disaster, it cannot be rebuilt. If less than 50% damaged, it may be rebuilt provided the rebuilding does not increase the intensity of use or floor area of the nonconformity.

(1999 Code, § 165.25) (Ord. 2247, passed 10-9-2001; Ord. 2733, passed 10-10-2023; Ord. 2740, passed 4-23-2024) Penalty, see § 159.999

      (3)   No sign or banner, or part of any sign or banner, shall be placed on or overhang the traveled portion of any public street or alley, except on a temporary basis and upon a finding of the City Administrator that the sign or banner advertises a public event of general importance to the city, and only if the City Engineer determines the proposed sign or banner can be suspended safely without obstructing sight-lines or obstructing travel on the roadway. Any such sign or banner shall be approved by City Administrator stating the reasons why the sign or banner complies with this division (W)(3), the dates during which the sign or banner may be hung, the exact location and height of the sign or banner, and an exhibit depicting the sign or banner proposed. No sign or banner shall be affixed to any city pole or other city property without the express written consent of the City Administrator. The applicant shall be civilly liable for any damage to city poles or other property resulting from the fastening or erection of any banner on said poles or other property.

(1999 Code, § 165.26) (Ord. 2247, passed 10-9-2001; Ord. 2352, passed 7-24-2007; Ord. 2368, passed 5-27-2008; Ord. 2569, passed 3-27-2018; Ord. 2590, passed 8-14-2018; Ord. 2595, passed 10-9-2018) Penalty, see § 159.999

      (1)   Applications to permit new construction, extensions or alteration of existing uses and uses authorized by this section, with site plans and the necessary descriptive material relating to the intensity and extent of use shall be made to the Zoning Board of Adjustment to investigate as to the effect of the building or use upon the comprehensive plan, traffic and fire hazards, the character of the neighborhood and the general welfare of the community. A public hearing shall be held in relation to the plan before the Zoning Board of Adjustment, notice and publication of the item and place for which shall conform to the procedure prescribed in § 159.052.

         (e)   Vehicle rebuilding will only be allowed in the C-2 and M Districts.

      (25)   Industrial buildings housing unmanned automated storage and retrieval systems ("ASRS") erected to a height in excess of 100 feet in the M-2 or M-3 Districts.

      (26)   Residential accessory buildings in the C-2 and all M, A, and R, districts of a size identified as requiring a special use permit in § 159.046(G), in compliance with the provisions of § 159.046(G).

      (27)   Outdoor Service Areas in all C and M Districts, subject to compliance with the requirements of § 159.046(P).

      (28)   Community- and utility-scale solar fields.

      (29)   Expansion of one-family dwellings, accessory structures and accessory structure expansions for one-family residences in C-2 General Commercial District.

(1999 Code, § 165.28) (Ord. 2247, passed 10-9-2001; Ord. 2255, passed 5-20-2002; Ord. 2352, passed 7-24-2007; Ord. 2360, passed 2-12-2008; Ord. 2403, passed 4-14-2009; Ord. 2404, passed 6-14-2009; Ord. 2609, passed 4-23-2019; Ord. 2685, passed 9-14-2021; Ord. 2688, passed 10-12-2021; Ord. 2723, passed 3-28-2023; Ord. 2726, passed 4-11-2023; Ord. 2732, passed 7-11-2023; Ord. 2733, passed 10-10-2023; Ord. 2734, passed 11-28-2023; Ord. 2740, passed 4-23- 2024) Penalty, see § 159.999

(1999 Code, § 165.29) (Ord. 2368, passed 5-27-2008) Penalty, see § 159.999

(1999 Code, § 165.30) (Ord. 2247, passed 10-9-2001; Ord. 2368, passed 5-27-2008) Penalty, see § 159.999

      (4)   Site development plan. Any request for an amendment to the zoning district map shall be accompanied by a site development plan. Zoning map amendments involving a change to a single-family residential district (R-1A, R-1B and R-1C) may submit a detailed description in lieu of the requirements of a site development plan. City Council approval of site development plans. Site development plans must be approved, by City Council resolution, before any rezoning is approved or any building permits can be issued. If the improvements identified in the site development plan have not been completed within five years from the date of City Council approval, the site development plan shall be void unless an extension of time has been granted prior to the expiration date. The City Council may grant a two-year extension.

   (E)    The City Council shall not give final approval to any reclassification (rezoning) request for property in the Camanche Avenue Corridor that lies within the corporate limits of the city, as described as follows below.

         Commencing as a point of reference at a point on the centerline of South Fourteenth Street and Camanche Avenue; thence northeasterly on the centerline of Camanche Avenue to the centerline of Eleventh Avenue South; thence easterly on the centerline of Eleventh Avenue South to centerline of South Fourth Street; thence southerly on the centerline of South Fourth Street to the northern boundary on the right-of-way line of the Union Pacific Railroad property (formally the Chicago and Northwestern Railroad); thence southwesterly on the northern boundary of the Union Pacific Railroad property to the centerline of South Fourteenth Street, thence northeasterly on the centerline of South Fourteenth Street to the centerline of Camanche Avenue (being the point of beginning) all within the city until March 31, 2009, except where a vested right to the issuance of the approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this section.

(1999 Code, § 165.31) (Ord. 2107, passed 1-11-2000; Ord. 2234, passed 4-10-2001; Ord. 2264, passed 2-25-2003; Ord. 2275, passed 3-9-2004; Ord. 2296, passed 6-28-2005; Ord. 2317, passed 2-28-2006; Ord. 2767, passed 2-25-2025) Penalty, see § 159.999

   (A)   It shall be necessary to obtain a zoning permit for all prefabricated, freestanding carports, sheds (measuring from 60 square feet to 120 square feet), fences up to six feet in height, retaining walls up to four feet (measured from the bottom of the footing up to the top of the wall) unless supporting a surcharge, awnings with less than 54-inch projection and handicapped ramps.

   (B)   Application for a zoning permit shall be submitted in a form as the Fire Department Building Safety Division, through its designated zoning official, may prescribe and on forms supplied by the city. Application shall be made by the owner or his or her duly authorized representative. The application shall contain the full name and address of the owner and the applicant.

   (C)   The application must briefly describe the proposed work, the use and occupancy of the building and the grounds and shall give additional information as may be required by the Fire Department Building Safety Division for an intelligent understanding of the proposed work.

   (D)   All applications for zoning permits shall be accompanied by a plan as defined under § 159.051, showing the actual dimensions of the lot to be built upon, the size of the building or buildings to be erected, distances to lot lines from buildings and any other information as may be necessary to furnish for the enforcement of these regulations. A careful record of the application and plats shall be kept in the office of the Fire Department Building Safety Division. No court, yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall again be used as a yard, court or other open space for another building.

   (E)   It shall be the duty of the Fire Department Building Safety Division, through its designated zoning official, to inspect applications for zoning permits within three business days after receipt of the application. If, after examination, he or she finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he or she shall approve the application and issue a zoning permit for the proposed work as soon as practical. If his or her examination reveals otherwise, he or she will reject the application, noting his or her findings in a report to be attached to the application and delivering a copy to the applicant. The applicant shall have the right of appeal from the Fire Department Building Safety Division’s decision to the Zoning Board of Adjustment; any appeal must be submitted within 15 business days from the date of application.

   (F)   All work performed under a zoning permit issued by the Fire Department Building Safety Division shall conform to the approved application and approved amendments thereto. The location of all new construction, as shown on the approved plat or an approved amendment thereof, shall be strictly adhered to.

   (G)   It is unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a zoning permit unless a revised plot diagram, showing the proposed change in condition, shall have been filed and approved, provided, however, that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvements.

   (H)   The Fire Department Building Safety Division shall be given at least three business days’ notice of the starting of work under the zoning permit. Construction pursuant to the permit must begin within 90 days from the application date. The permit will expire at the end of six months from the application date.

   (I)   It shall be the duty of theFire Department Building Safety Division to inspect the layout of the proposed work within three business days after receipt of the application. The department’s designated zoning official shall ensure that the proposed work conforms to the plot plan submitted with the application for a zoning permit. If work started does not conform to the plot, diagram or other information given in the application, the department’s designated zoning official is authorized to stop work until the provisions of the permit are complied with.

   (J)   The Fire Department Building Safety Division may revoke a zoning permit or approval issued under the provisions of this chapter in case there have been any false statements or misrepresentation as to a material part in the application or drawings on which the permit or approval was based.

   (K)   A permanent record shall be kept of all applications for zoning permits and it shall be unlawful to change the use or occupancy of a building or land to a use or occupancy other than that described in the application. If it is desired to change to another conforming use or occupancy, a new application must be submitted and approved.

   (L)   Fees for zoning permits and Zoning Board of Adjustment appeals, permits or amendments for work shall be in amounts established by resolution, from time to time, by the Council. The fees shall be paid at the time of zoning application is approved. If construction has commenced prior to the issuance of a permit, the fee for the permit shall be twice the amount of the actual zoning permit fee.

   (M)   The property owner is responsible for compliance with any private subdivision covenant.

   (N)   Zoning permits will not be required for dog houses, dog pens less than 60 square feet in area, sheds less than 60 square feet in area, yard ornaments, play equipment, playhouses, fencing for gardens and flower beds, ornamental fencing less than ten feet in length and prefabricated and/or inflatable swimming pools that are not permanently installed.

(1999 Code, § 165.33) (Ord. 2234, passed 4-10-2001; Ord. 2247, passed 10-9-2001; Ord. 2264, passed 2-25-2003; Ord. 2352, passed 7-24-2007; Ord. 2368, passed 5-27-2008; Ord. 2767, passed 2-25-2025)