Supplemental use and development regulations set forth additional standards for certain uses within various zoning districts recognizing that certain uses have operating characteristics that require additional regulations to protect the public health, safety and welfare. These supplemental regulations complement the uses permitted in each zoning district, qualify or modify the district site development regulations and provide for specific areas of exception.

(Ord. 5323 § 4 (part), 1997)

Unless otherwise permitted, only one principal structure or use is permitted per lot. Unless otherwise prohibited or restricted, a permitted principal use also allows uses, buildings and structures incidental to the permitted use, if located on the same site or building lot. The accessory use and/or structures or buildings shall not be established or erected prior to the establishment or construction of the principal permitted use of the building, structure or land and shall be subordinate, incidental to and compatible with the character of the principal permitted use. The following types of accessory uses shall be permitted in residential districts, subject to the site development regulations for the zoning district in which it is located, unless otherwise provided in these regulations:

1. Fencing, subject to CBMC 15.24.040;
2. Garage sales, limited to six days during any calendar year;
3. Garage, and off-street parking for personal vehicles, subject to CBMC 15.23;
4. Greenhouse, for personal, noncommercial use only;
5. Home-based business, subject to CBMC 15.24.030 and Section 414.33 of the Iowa Code;
6. Radio and communications receiving antenna and tower, subject to CBMC 15.24.080;
7. Swimming pool, including a bath house, tennis court or other recreational facilities commonly accessory to a dwelling and used only by the residents and nonpaying guests;
8. Tool, storage shed, gazebo, patio, and similar building and structures for personal noncommercial use only;
9. Structures for the shelter of household pets, for personal noncommercial use;
10. Garden, residential household and garden, institutional/organizational.

(Ord. 5323 § 4 (part), 1997)

(Ord. No. 6154, § 1, 4-23-2012)

A home-based business shall be subject to the following requirements:

1. A home-based business shall be conducted entirely within the residential dwelling, or the yard of the residential property, with the total number of on-site employees and clients not to exceed the legal occupancy limit for the residential property;
2. A home-based business is limited to the sale of lawful goods and services, does not generate on-street parking or a substantial increase in traffic through the residential area, and is not visible from an adjacent property or street;
   
3. Such use shall be incidental and secondary to the residential use of the dwelling, shall not change the residential character nor interfere with the surrounding residential use;
4. The use of a residential property for a home-based business does not supersede any of the following:
   
   1. A deed restriction, covenant, or agreement restricting the use of the land,
      
   2. A master deed, bylaw, or other document applicable to a common interest ownership community;
      
5. No signs, radio, television, newspaper, handbill or other similar types of advertising are permitted linking the address of the premises with the home-based business;
6. The operation of a home-based business for the purposes of selling alcoholic beverages or illegal drugs, operating or maintaining a structured sober living home, creating or selling pornography, providing nude or topless dancing, or operating any other adult-oriented business is strictly prohibited;
   
7. There shall be no exterior storage of equipment, vehicles, trailers, goods or materials used in a home-based business that is visible from an adjacent property or street;
8. There shall be no indication of offensive noise, vibration, smoke, dust, odors, heat or glare at or beyond the property line;
9. Adequate off-street parking for all vehicles, including the residents, customer, client or other business-related visitor vehicles shall be provided at the location where the home-based business is being conducted;
10. The following businesses are not compatible with residential use and shall not be considered home-based businesses:
    1. Repair of any internal combustion engine or vehicle repair, including detailing, painting, body or mechanical or upholstery, vehicle towing and/or wrecking service, storage of motorized vehicles and equipment, including but not limited to automobiles, trucks, recreational vehicles and boats, or any other business deemed to be a commercial use under this chapter;
    2. The storage of any solid waste, toxic chemicals, hazardous waste, oils, solvents or any other substance that violates any chapter regulating the health and safety of the public;
       
    3. Any business that violates any chapter regulating nuisance, noise pollution, health and/or sanitation;
11. Home occupations shall comply with all applicable municipal, state and federal regulations and shall submit all applicable taxes to any applicable authority.

(Ord. 5323 § 4 (part), 1997)

(Ord. No. 6128, § 1, 6-13-2011)

Fences, including electric fences, masonry walls, ornamental iron, chain link, open wood, solid wood or metal, forming a physical barrier, whether above or below ground, placed on private property, used for any purpose shall conform to the following requirements:

1. General Requirements for All Zoning Districts
   1. No person or entity shall be allowed to erect or otherwise install any fencing (other than vegetation) under the requirements of this section unless they have first applied for and received a permit from the City of Council Bluffs Building Division.
      1. As part of the permit, the applicants shall certify that they will abide by all applicable municipal codes of the City of Council Bluffs and shall assume full responsibility for any public or private property disputes associated with the installation of the applicant’s fence, including, but not limited to, trespass and property line/boundary location disputes.
      2. Fees for such permits shall be established by the city council and shall be enumerated in Chapter 2 of the Council Bluffs Municipal Code.
   2. No fence placed on any lot shall project over the property line. No fence or obstruction shall be placed in the public right-of-way.
   3. The height of a fence shall be measured from the grade on which the fence is placed to the highest point of the fence structure. Sharp or pointed projections, outriggers, and barbed wire strands may project an additional two feet from the maximum fence height allowed in the underlying zoning district, if applicable.
   4. The finished side of any fence shall be directed toward the street right-of-way and adjoining properties.
   5. No fence shall be placed within a front yard or street-side yard that creates a safety hazard by obstructing the clear view of pedestrians or vehicles.
   6. No fence or any other obstruction shall be placed within an equilateral triangle having sides of thirty-five (35) feet each running along the edge of the pavement, or curb if present, of each abutting street. The apex of this triangle shall be at the point of the intersection of the edges of the pavement or curbs of such streets when extended out to a point.
   7. No fence shall be placed within three feet of a fire hydrant. No fence shall block visibility or access to a fire hydrant from the street.
   8. Underground electric fences shall be permitted in all zoning districts for the purposes of containing household pets and/or livestock and shall comply with all requirements in CBMC 4.20.140.
   9. The placement, height, appearance and material of fences in planned developments shall be established as part of the adopted development plan.
2. Fence Materials
   1. In all zoning districts, fences visible from the public right-of-way or an abutting property shall be constructed of the following materials or a combination thereof: wood, vinyl, composite fencing, wrought iron, aluminum, architectural decorative metal panel fencing, chain link or coated chain link.
   2. In open space/recreation and industrial districts, metal may be allowed as an acceptable material for fences visible from the public right-of-way or an abutting property.
   3. In all zoning districts, masonry walls visible from the public right-of-way or an abutting property shall be constructed of the following materials or a combination thereof: brick, stone, cast-stone, split-face blocks or masonry blocks.
   4. Other fence/masonry wall materials may be allowed at the discretion of the Community Development Director or their designee.
   5. Fences and walls not visible from the public right-of-way or an abutting property may be constructed out of any material.
3. Fence Height Requirements
   All fences shall comply with the maximum height requirements set forth in the following table, unless otherwise specified below.
   
   

   Zoning District	Front Yard	Street Side Yard	Interior Side/Rear Yard
   Residential	4 feet see 1 below	6 feet see 2 below	6 feet
   Commerical	4 feet see 1 below	6 feet	6 feet
   Industrial see 3 below	8 feet	8 feet	8 feet
   Open Space/Recreation	8 feet	8 feet	8 feet

    
   1. In residential and commercial districts, a maximum six-foot tall fence may be allowed in the front yard if the fence is placed behind the wall of the principal structure facing a public or private street and does not create a safety hazard by obstructing the clear view of pedestrians or vehicles. Ornamental iron fences located in the front or street side yards may exceed four feet in height, but are limited to six feet in overall height.
   2. In residential districts, the height of a fence in a street side yard shall not exceed four feet if any of the following conditions exist:
      1. An entrance to the principal structure faces the street side yard;
      2. A driveway is located within the street side yard of the property where the fence is installed;
      3. The driveway entrance of an adjoining property is located within ten feet of a shared property line. If a topographical difference exists between the two properties, and the property owner can reasonably demonstrate the fence will not block visibility from the driveway, said fence may exceed four feet in height at the discretion of the Community Development Director or their designee; or
      4. The street side yard abuts an alley that intersects a public or private street.
   3. In the I-2 and I-3 Districts when a parcel contains 50 contiguous acres or more of total land area, a maximum 10-foot tall fence may be allowed in the interior side, street side and rear yards. In the front yard, the height of the fence shall not exceed eight feet unless its placement meets the setback requirements for structures. Ten-foot tall fences shall only be constructed out of wood, vinyl-coated chain link or architectural precast concrete panels, and shall not incorporate any sharp or pointed projections, outriggers, or barbed wire strands. High-gauge deep-rib structural fencing may be allowed as an acceptable material for ten-foot tall fences if not visible from a major arterial street.
   4. In residential districts, fences proposed to exceed six feet in height due to topographical conditions or unusual circumstances shall be reviewed on a case-by-case basis by the Community Development Director or their designee.
   5. Retaining walls used for the purposes of supporting, holding or restraining soil between two different elevations shall be exempt from the requirements of this Section provided it does not create a safety hazard by obstructing the clear view of pedestrians or vehicles.
4. Security Fence Requirements
   1. No barbed wire or electrically charged security fences shall be allowed in the West Broadway Corridor Design Overlay (CDO).
   2. Security fences containing sharp or pointed projections, outriggers, or barbed wire strands may be allowed in the A-1, A-2, I-1, I-2 and I-3 Districts.
   3. Security fences containing sharp or pointed projections, outriggers, or barbed wire strands may be allowed in the C-2 District when placed on top of an otherwise conforming fence, subject to the following conditions:
      1. The site shall not abut any residential district; and
      2. The use shall comply with all requirements for conforming use and the site development regulations in the C-2 District.
   4. Security fences containing outriggers shall have a minimum height of six feet. Outriggers may project an additional two feet from the maximum fence height allowed in the underlying zoning district, and shall be installed at a maximum angle of 45 degrees.
   5. Electrically charged security fences may be allowed in the C-2, I-1, I-2 and I-3 Districts in accordance with CBMC 13.16.485, subject to the following conditions:
      1. The site shall not be within 300 feet of a residential district, or a legal non-conforming residential use;
      2. The use shall comply with all requirements for conforming use and site development regulations in the underlying zoning district; and
      3. The fence shall not be located within the area defined as the front yard setback, street-side yard setback, or the area between a structure and the front property line or street-side property line, if greater than the minimum required setback.
5. Required Fences
   1. A fence shall be required where any conforming commercial or industrial use abuts a residential district. The fence shall be provided at the abutting side and rear property lines. A fence shall also be required for any open storage area in an industrial district which blocks all view of the storage area at or beyond the property line. The fence shall be provided by one of the following methods:
      1. A wood and/or masonry fence, at least fifty (50) percent opaque, six feet in height;
      2. A vegetation fence capable of providing a substantially opaque barrier and
      3. A landscaped earth berm with a maximum slope of three to one vertical/horizontal, no more than six feet above the existing grade of the property line separating the zoning districts; or
      4. Any combination of the described methods that achieves a cumulative height of six feet.
   2. All swimming pools shall be fenced in accordance with CBMC 17.02.065.
6. Maintenance.
   Upon placement of a fence, appropriate measures shall be taken by the fence owner to ensure continued maintenance.

(Ord. 5963 § 1, 2008)

(Ord. No. 6255, § 1, 1-11-2016)

Any light used for the illumination of signs, parking areas, swimming pools or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists and pedestrians.

(Ord. 5323 § 4 (part), 1997)

The following intrusions may project into required yards to the extent and under the conditions and limitations indicated:

1. The following building features may project into the required front yard no more than six feet and into the required side yards no more than three feet, provided that such projections are no closer than three feet to any side yard line:
   1. Chimneys and fireplaces;
   2. Porches, as defined in CBMC 15.03, platforms and landings which do not extend above the level of the first floor of the building.
2. The following building features may project into the required front yard no more than three feet and into the required side yard no more than three feet, provided that such projections are no closer than three feet to any side yard line:
   1. Eaves, cornices, belt courses, leaders, sills, awnings, lintels, gutters, and other similar features.
3. Ramps constructed to make a structure accessible to persons with disabilities shall not count towards the maximum allowed lot coverage on any subject property and may project into the required yard(s) to the extent necessary for access, if, upon review by the mayor or designee, it is determined that the ramp has been designed to minimize the intrusion into the required yard(s) and creates no hazard to the public.

(Ord. 5323 § 4 (part), 1997)

(Ord. No. 6286, § 2, 3-13-2017)

The following types of structures are not subject to the height limitations of this title: chimneys, church spires, cupolas, elevator shafts, fire and hose towers, observation towers and water towers.

(Ord. 5963 § 2, 2008)

Radio towers, operated by amateur radio operators and other communications devices intended for personal, noncommercial use, may exceed the height limitation of the zoning district in which it is located by not more than twenty-five (25) percent. The device shall not be located in any required yard of the principal use.

(Ord. 5323 § 4 (part), 1997)

The required front yard shall be as stated in each zoning district, except when forty-five (45) percent or more of the frontage on one side of a street between two intersecting streets is improved with buildings and a majority of the improved frontage have front yard setbacks less than those required for that zoning district, then the minimum required front yard setback for new construction shall be the average distance of the improved frontage.

(Ord. 5323 § 4 (part), 1997)

The required rear yard in an irregular lot may be measured as the average horizontal distance between the building and the rear lot line, provided that the closest point of the building to the rear property line shall not be less than sixty (60) percent of the rear yard required by the zoning district.

(Ord. 5323 § 4 (part), 1997)

1. Required Approvals. Any new and expanding salvage and/or storage yards shall obtain a conditional use permit in accordance with Section 15.02.090, Conditional Uses, of the CBMC. Any salvage and/or storage yards established prior to the adoption of this ordinance which do not have a conditional use permit shall be considered nonconforming and shall comply with Section 15.26.030, Nonconforming Uses, of the CBMC. Additionally, an intensification of an existing nonconforming salvage and/or storage operation may result in bringing the operation into compliance with all standards of this Section.
2. New and Expanding Salvage and/or Storage Yard Regulations. New and expanding salvage and storage yards are required to obtain a conditional use permit in accordance with Section 15.02.090, Conditional Uses, of the CBMC. In addition to the requirements of an approved conditional use permit, storage and salvage yards shall be subject to the following regulations:
   1. Pavement. All driveways, parking lots and outdoor areas used for the storage of vehicles, materials, or equipment must be hard-surface paved in accordance with CBMC Section 15.23, Off-Street Parking, Loading and Unloading.
   2. Internal Site Circulation. All storage and salvage yards shall have paved access aisles to allow for safe and efficient internal site circulation. Access aisles shall remain free and clear of any obstructions.
   3. Screening. All outdoor storage areas shall be adequately screened by fencing, walls, landscaping, or a combination thereof in a manner that is compatible with the size, intensity, and type of materials being stored and surrounding properties. Specific screening requirements shall be established on a case-by-case basis through a conditional use permit.
   4. Separation Distance. Any new salvage yard shall be a minimum of 600 feet away from any of the following uses, as measured from the property line: any residential use or district, daycare center, school, public park, master planned development, historic district, or historic landmark property. No minimum separation distance is required for new storage yards.
   5. Stacking. Any unstructured stacking of items stored outdoors, including, but not limited to, raw materials, junk, vehicles, and containers shall be limited to a maximum height as established on a case-by-case basis through a conditional use permit. Stacking within 75 feet of all required fencing shall be limited to the height of the fence.
   6. Environmental Health. Storage and salvage yards shall be conducted in compliance with all City, County and State requirements.

1. Purpose. The purpose of this chapter is to provide for the controlled dumping of rubble within the city limits of Council Bluffs, Iowa.
2. Definitions. For the purpose(s) of this section, the following words, terms and phrases shall have the meanings set forth: Rubble: Stone, brick or similar inorganic matter. Rubble dump: Any land, premises or property used for the storage of rubble. Storage of rubble: The placement or rubble on any parcel of ground for a period of fourteen days or more.
3. Storage of Rubble. It is unlawful to place or store rubble on any parcel of ground which is not licensed as a rubble dump.
4. Conditional Use Approval. Any new, expanding, and/or dormant rubble dumps that wish to commence or re-commence such services shall obtain a conditional use permit in accordance with Section 15.02.090, Conditional Uses, of the CBMC. Any active rubble dumps established prior to the adoption of this ordinance, which do not have a conditional use permit, shall be considered nonconforming and shall comply with Section 15.26.030, Nonconforming Uses, of the CBMC.
5. In addition to requirements of this chapter, all rubble dumps shall comply with all local, State, and Federal requirements.
6. This chapter shall not prohibit the storage, stockpiling, processing or sales of rock, stone, sand, gravel, coal, cement materials, dirt, soil or any other similar material produced by excavating, quarrying or mining of such materials for purposes of sale, provided that same be restricted to the A-1 and A-2 districts and not be so stored for a period greater than one hundred fifty (150) days.
7. Area Restrictions. This exception shall be further restricted in that it will not apply to locations:
   1. Within one thousand (1,000) feet of the nearest edge of the right-of-way of Interstate 29, Interstate 80, North 16th Street, South 35th Street, 23rd Avenue, South 24th Street south of 23rd Avenue, the South Expressway, and Old Highway 375 from Tostevin Street south to the city limits; and
   2. Within three hundred (300) feet of any lot in a residential district or a preexisting residential use
8. Application for a Conditional Use Permit. The application for a conditional use permit required by this chapter shall be filed in accordance with Section 15.02.090, Conditional Uses, and shall contain an engineering plan that sets forth:
   1. A description and plat of the land to be used for the rubble dump;
   2. A description of the sequence and plan of operation;
   3. The type and capacity of equipment to be used for operations;
   4. Existing and proposed roadways and easements;
   5. Existing topography and watercourses, together with a diagram and written statement explaining the proposed location and extent of earthwork and fill operations, including final elevations;
   6. Proposed measures to control storm drainage;
   7. Estimated volume of rubble to be placed in the rubble dump;
   8. Approximate date of completion;
   9. Types of materials to be placed in the rubble dump;
   10. Whether it will be a private rubble dump used exclusively by the applicant for their materials or a public rubble dump, operated by the applicant and receiving materials from others;
   11. Days and hours of the week the rubble dump will be in operation;
   12. The names and addresses of the last-known owners of property within five hundred (500) feet of the location for which a conditional use permit is requested, as shown by the county real property tax records; and
   13. The addresses of any occupied buildings on property within five hundred (500) feet of the location for which a conditional use permit is requested;
   14. Proposed areas to be fenced, including fence type, height, and placement;
   15. All existing utilities, including storm and sanitary sewers, which lead up to or cross the site shall be shown thereon;
   16. Closure/post-closure plan, as required by the Iowa Department of Natural Resources.
9. Notice of Hearing. A public hearing shall be held in accordance with Section 15.02.090, Conditional Uses, except that written notice shall by mailed by ordinary mail to the owners of all properties located within five hundred (500) feet of the exterior boundaries of the subject property.
10. Recordation of Conditional Use Permit. Upon approval of a conditional use permit, the applicant shall record a copy of the approved decision letter with the Pottawattamie County recorder’s office.
11. Fee. The fee for a conditional use permit requested pursuant to this chapter shall be as set forth in the prevailing schedule of fees as most recently adopted by the city council.
12. Bond. No conditional use permit requested pursuant to this chapter shall be issued until the applicant delivers to the city a cash or corporate surety bond in an amount of not less than ten thousand dollars ($10,000.00), to secure the City against damages and expenses which it may incur in the correction of conditions in said applicant’s operations as follows:
    1. The bond amount shall be approved by the Zoning Board of Adjustment as part of the conditional use permit approval.
    2. That the applicant shall operate the rubble dump for which the conditional use permit is issued in accordance with the provisions of this chapter:
    3. That the applicant will comply with all the terms, conditions, provisions and regulations contained in this chapter:
    4. That the applicant will save harmless the city from any expense incurred through the failure to operate and maintain the rubble dump as required by this chapter, including any expense the city may be put to for correcting any condition or violation of this chapter by the city's own labor and equipment whenever the city council determines it is necessary for the city to correct any unsanitary condition or conditions violative of this chapter or from any damages growing out of the negligence of the applicant;
    5. That the applicant shall pay for damages done to curbs, sidewalks or sewers on the premises of the rubble dump from trucks, equipment or over-burden placed on them when found to be broken from these causes;
    6. Bond shall run for a period of three years after the rubble dump site has been finished and brought to final grade.
    7. The amount of the bond required may be revised annually by the Community Development Director or their designee to reflect any estimated change in costs of closing the site.
13. Regulations. The following regulations shall be followed by any applicant to whom a conditional use permit is granted by the city council for operation of a rubble dump, and it shall be unlawful not to follow these regulations:
    1. When rubble exists on the site at the time the conditional use permit is issued, such rubble shall be collected, compacted and covered with dirt or other cover material at least three feet in depth at the finished grade;
    2. No refuse other than rubble or earth may be put in a rubble dump. All burning is prohibited. The Community Development Director may, at their discretion, allow materials other than rubble to be placed in the rubble dump. However, the primary purpose and intent of the rubble dump site shall be for the storage of rubble as defined in this Section. Improper materials placed on site without approval shall be immediately removed at the direction of the Community Development Director;
    3. No rubble dump operation shall be conducted so the fill will be placed in streambeds or other areas where watercourses would be obstructed or where erosion by the stream would remove cover material;
    4. The applicant shall provide for surface drainage on the rubble dump site which will permit the drainage of storm water within six hours after the last precipitation in accordance with all local, State, and Federal requirements;
    5. The applicant shall take the necessary measures to eliminate dust on the rubble dump site. Access to the rubble dump site shall be controlled by proper fencing, gates, locks and other measures necessary to control access;
    6. Routes used by trucks to and from the rubble dump site shall meet all applicable City standards;
    7. When mud, dirt or spilled debris accumulates on streets from trucks or from rubble dump equipment, it shall be removed by the applicant immediately;
    8. The compacting and leveling equipment must traverse all of the area where rubble is deposited. When the slope of a bank is too steep to traverse, then the fill must proceed from the base of the slope;
    9. Rubble shall be covered with dirt or sand all times;
    10. Only earth shall be placed over utility lines in the fill area as specified by the public works director;
    11. When rubble has been brought up to three feet of the desired grade, it shall be covered with at least thirty-six (36) inches of compacted dirt and seeded in such a manner to prevent erosion. The finally graded and seeded surface shall be maintained at final grade free from erosion and in a well-seeded manner for a period of three years after filling operations have been completed. Final slopes shall not exceed a ratio of one foot vertical to three feet horizontal;
    12. Existing topsoil shall be used for cover material, when possible, by removing the dirt prior to filling and by placing this dirt directly over the completed section of the rubble dump, or by stockpiling this dirt until needed. Otherwise, the source of cover material shall be designated when application for a conditional use permit is made;
    13. Materials shall not be placed on land without using the proper bank stabilization and filling methods. Materials placed in the proper manner and conforming to this chapter will not be in violation of any antidumping prohibitions of this chapter or any other ordinance;
    14. The licensee shall not excavate down to the water table or create a sump that will not drain;
    15. The licensee shall not violate the terms of their application and license;
    16. The entire area of the property to be utilized for a rubble dump shall be screened with a minimum six-foot tall opaque fencing and shall be installed prior to commencement of any rubble dump operations. Any unfenced area shall remain free of rubble;
    17. The Community Development Director may allow variations from the regulation of this section; provided they find that the proposed variation is satisfactory in that it addresses the problem sought to be alleviated by the regulation from which the variance is requested.