This title shall be known, referred to and cited as the "Zoning Ordinance" of the City of Council Bluffs, Iowa" (the "city"), and will be referred to herein as "the ordinance", the same as if the full title were stated.

(Ord. No. 6012, § 1, 10-27-2008)

This ordinance regulates and restricts the height, location and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, population density, and the location and use of buildings, structures, and land for commerce, industry, residence and other purposes in order to promote the public health, safety and general welfare of the city, by:

1. Direct development of the city in accordance with the comprehensive plan.
2. Encouraging efficient urban development patterns.
3. Preserving agricultural and environmentally sensitive lands.
4. Preventing soil and water erosion.
5. Minimizing traffic congestion.
6. Protecting the value of property.
7. Securing safety from fire, flood and other dangers.
8. Providing adequate light and air.
9. Avoiding undue concentration of population.
10. Facilitating the adequate provision of transportation, water, sewage disposal, schools, parks, open space and other public requirements.
11. Preserving historically significant areas of the city.

(Ord. No. 6012, § 1, 10-27-2008)

The provisions of Iowa Code § 414.4, as amended, authorizes the city to determine, establish and enforce regulations, restrictions and the boundaries of the zoning districts set forth in the ordinance.

(Ord. No. 6012, § 1, 10-27-2008)

1. Territorial Application. This ordinance shall apply to all land, uses, buildings and structures within the corporate limits of the city, including those owned by other municipal corporations and government bodies.
2. General Interpretation and Application. In their interpretation and application, the provisions of the ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety and general welfare, and shall be construed to achieve the purposes for which this ordinance was adopted.
3. General Prohibition. Except as otherwise provided by the ordinance, no portion or whole of any building, structure or land shall be used or occupied, and no building or structure, in whole or in part, shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless it conforms with the provisions of this ordinance.
4. Private Agreements. The ordinance is not intended to nullify any private agreement or covenant. However, where this ordinance is more restrictive than a private agreement or covenant, this ordinance shall control.
5. Other Laws and Regulations. In addition to the requirements of the ordinance, all uses of land and structures shall comply with other applicable city, county, state, and federal laws and regulations. The ordinance is expressly designed to supplement and be compatible with, without limitation, to the following city plans, regulations or ordinances: comprehensive plan; Subdivision Ordinance; Historic Preservation Ordinance; Flood Plain Ordinance; Building and Fire Codes; Rental Housing Code; Property Maintenance Code and other redevelopment, utility, transportation, subarea land use, or park and recreation plans. Unless otherwise specifically provided, the ordinance shall control over less restrictive statutes, ordinances or regulations, and more restrictive statutes, ordinances or regulations will control over the provisions of this ordinance.

(Ord. No. 6012, § 1, 10-27-2008)

In determining the applicability of this ordinance, with respect to the previously applicable zoning regulations, the following rules shall apply.

1. Existing Illegal Uses and Structures. A structure or use that is illegal at the time of the adoption of, but is made legal by the provisions of this ordinance, is deemed lawful as of the effective date of this ordinance. However, if that structure or use does not conform with each and every requirement of this ordinance, then that structure or use shall remain unlawful. It shall be unlawful for any premises, building or structure, or any portion of a building or structure situated in the city to be used or occupied, erected, moved, reconstructed, extended, enlarged or altered in any manner contrary to the provisions of this ordinance.
2. Existing Permitted Uses. If property is used in a manner that was classified as a permitted use prior to the effective date of this ordinance, and that use is classified as a conditional use by this ordinance, that use shall be deemed a lawful conditional use. However, any subsequent addition, enlargement or expansion of that use shall be required to conform to the procedural and substantive requirements for conditional uses pursuant to this ordinance.
3. Uses Rendered Nonconforming. If property is used in a manner that was a lawful use on or before the effective date of this ordinance, and this ordinance no longer classifies that use as either a permitted or conditional use in the zoning district in which it is located, that use shall be deemed a legal nonconforming use and shall be controlled by the provisions of CBMC 15.26 "Nonconformities".
4. Structures and Property Rendered Nonconforming. If a structure or property existing on or before the effective date of this ordinance does not meet all standards set forth in this ordinance, that structure or property shall be deemed a legal nonconformity and shall be controlled by the provisions of CBMC 15.26 "Nonconformities".
5. Previously Issued Building Permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this ordinance, and if construction has begun within one hundred eighty (180) days of the issuance of that permit and diligently pursued to completion, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under an occupancy certificate for the use originally intended.
6. Previously Granted Conditional Uses and Variances. All conditional uses and variances granted prior to the effective date of this ordinance shall remain in full force and effect. The recipient of the conditional use or variance approval may proceed to develop the property in accordance with the approval and all applicable conditions. However, if the recipient has failed to act on the conditional use or variance before the approval expires, including any periods of extension granted, the provisions of this ordinance shall govern.
7. Pending Applications. If an application is pending on the effective date of the ordinance or any amendments thereto, the provisions of this ordinance shall govern that application.

(Ord. No. 6012, § 1, 10-27-2008)

If any part, section, subsection, paragraph, sentence, clause, phrase or provision of the ordinance is adjudged invalid or held unconstitutional by a court of competent jurisdiction, the same shall not affect the validity or the ordinance as a whole.

(Ord. No. 6012, § 1, 10-27-2008)