16 - GENERAL REGULATIONS
Sections:
Except as hereinafter specified, no building, sign or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the regulations established by this title for the district in which the building or land is located.
(Ord. 952 (part), 1993)
Except as permitted in Chapter 17.40 of this title, no lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for at least twenty-five feet on at least one public street.
(Ord. 952 (part), 1993)
A.
No accessory building shall be erected in any required yard other than a rear yard, except as provided hereinafter. Accessory buildings in rear yards shall be at least five feet from alley lines and at least five feet from lot lines of adjoining lots which are in any "R" district, and on a corner lot they shall conform to the setback regulations on the side street. Accessory buildings may be erected as a part of the principal building, or may be connected thereto by a breezeway or similar structure, provided all yard requirements for a principal building are complied with. Except for accessory dwelling units defined in Chapter 17.68, an accessory building which is not a part of the main building shall not occupy more than thirty percent of the rear yard and shall not exceed twenty-five feet in height; however, this regulation shall not be interpreted to prohibit the construction of a seven hundred fifty-square-foot garage on a minimum rear yard.
B.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used.
C.
Accessory dwelling units shall have the same placement and appearance requirements as those imposed on a single-family residence, including maximum building height, minimum setback requirements and minimum lot sizes.
(Ord. 952 (part), 1993)
(Ord. No. 1349, § 1, 10-20-2025)
(Ord. No. 1216, § 1, 3-19-2018; Ord. No. 1317, § 1, 7-17-2023; Ord. No. 1321, § 1, 1-2-2024)
For corner lots platted or of record after December 4, 1973, the front yard regulation shall apply to each street side of the corner lot. On corner lots platted or of record prior to December 4, 1973, the side yard regulation shall be a minimum of seventy-five percent of the front yard required and shall apply to the longer street side of the lot.
(Ord. 952 (part), 1993)
In all residential districts, there shall be a minimum front yard required as stated in the bulk regulations for that particular district; provided, however, that where lots comprising thirty percent or more of the frontage within two hundred feet of either side lot line are developed with buildings at a greater or lesser setback, the front yard requirement shall be the average of these building setbacks and the minimum front yard required for the undeveloped lots. In computing the average setback, buildings located on reverse corner lots or entirely on the rear half of lots shall not be counted. The required front yard as computed herein need not exceed fifty feet in any case.
(Ord. 952 (part), 1993)
No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum required by this title. No part of a yard or other open space, or off-street parking or loading space, provided about any building, structure, or use for the purpose of complying with the provisions of this title shall be included as part of a yard, open space or off-street parking or loading space required under this title for another building, structure or use.
(Ord. 952 (part), 1993)
Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any building, or part thereof, for which approvals and required permits have been granted before the enactment of the ordinance codified in this title, the construction of which, in conformance with such plans, shall have been started prior to the effective date of the ordinance codified in this title and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control.
(Ord. 952 (part), 1993)
Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the other in its respective zoning classification, and for the purpose of applying the regulations of this title, each portion shall be considered as if in separate and different ownership.
(Ord. 952 (part), 1993)
Subject to the limitations of this section, any home occupation, otherwise known as home-based business, that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. Any question of whether a particular use is permitted as a home occupation, as provided herein, shall be determined by the zoning administrator pursuant to the provisions of this title. The regulations of this section are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place on residential property without changing the character of either the neighborhood or the structure.
A.
Definitions.
1.
"Goods" means any merchandise, equipment, products, supplies, or materials.
2.
"Home occupation" means any business for the manufacture, provision, or sale of goods or services that is owned and operated by the owner or tenant of the residential property on which the business operates, and which is clearly incidental to the residential use of the dwelling unit or residential property and does not change the residential character of the site. Also referred to as a "home-based business". Unless otherwise provided, the term "home occupation" includes "no impact home occupation", as herein defined.
3.
"No-impact home occupation" means a home occupation for which all of the following apply:
a.
The total number of on-site employees and clients does not exceed the city occupancy limit for the residential property.
b.
The business activities are characterized by all of the following:
i.
The activities are limited to the sale of lawful goods and services.
ii.
The activities do not generate on-street parking on a regular basis or a substantial increase in traffic through the residential area.
iii.
The activities occur inside the residential dwelling or in the yard of the residential property.
iv.
The activities are not visible from an adjacent property or street.
B.
Subject to conformance with all provisions of the Municipal Code, federal and state law, all no-impact home occupations are an allowed use in all dwellings. No permit is required for a no-impact home occupation. A business may voluntarily seek approval from the zoning administrator as to whether or not a home occupation qualifies as a no-impact home occupation.
C.
Use Limitations. In addition to all of the use limitations applicable to the district in which it is located, no home occupation, including a no-impact home occupation, shall be permitted unless it complies with the following restrictions:
1.
No more than twenty-five percent, including storage area, of no more than one floor of the dwelling unit, shall be devoted to the home occupation. The home occupation may also occupy the whole area of an accessory building;
2.
No alteration of the principal residential building shall be made which changes its character and appearance as a dwelling;
3.
No stock of goods shall be displayed or sold on the premises in excess of storage area available as defined in subsection (C)(1) of this section;
4.
The home occupation shall not be visible from any public way;
5.
No more than one commercially licensed vehicle used in connection with any home occupation shall be parked on the property;
6.
No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residence shall be permitted;
7.
No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other harmful emissions;
8.
No sign, other than one unlighted sign not over three square feet in area, attached flat against the dwelling and displaying only the occupant's name and occupation, shall advertise the presence of the home occupation;
9.
There shall be no off-premises signs or advertising.
10.
The home occupation shall not alter the structure so that it is no longer a dwelling unit.
11.
The home occupation shall not be conducted in a manner that will alter the residential character of the premises.
12.
The use shall be compatible with the residential use of the property and with the surrounding residential uses.
13.
All home occupation activity in a yard is prohibited, unless it is:
a.
In a side or rear yard, and
b.
Behind a fence that is solid and opaque, and a minimum of six feet in height.
D.
All home occupations must comply with City, County, and State regulations for public health and safety, including rules and regulations related to fire and building codes, sanitation, transportation, traffic, solid or hazardous waste, pollution, and noise control.
E.
Prohibited Home Occupations. In addition to the home occupations that do not comply with the limitations set forth in subsection C, the following uses are prohibited for home-occupations:
1.
Alcohol sales.
2.
Adult-oriented business, including:
a.
Creating or selling pornography;
b.
Providing nude or topless dancing, or operating any other adult-oriented business.
3.
Animal boarding houses, kennels, or stables.
4.
Private clubs.
5.
Restaurants and bars.
F.
Home Occupations Permitted. Permitted home occupations include, but are not limited to, those listed below. However, each permitted home occupation shall be subject to the use limitations set out in subsection C of this section:
1.
Providing instruction to not more than four students at a time;
2.
Office facilities for accountants, architects, brokers, doctors, dentists, engineers, lawyers, insurance agents and real estate agents;
3.
Office facilities for a minister, priest, rabbi monk, nun, imam, or other religious or spiritual leader;
4.
Office facilities for salespersons, sales representatives, and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises;
5.
Studio of an artist, photographer, craftsperson, writer or composer;
6.
Home employment of a physically, mentally or emotionally handicapped person who is unable to work away from home because of the disability;
7.
Shop of a dressmaker or tailor;
8.
Bed and breakfast home; provided, that for each guest room one additional off-street parking space is provided.
G.
Rummage/Garage Sales. A rummage/garage sale is a sale of household goods and belongings held either outdoors or in a garage. Rummage/garage sales are not a home occupation for purposes of this section, provided the premises may not be used for a rummage/garage sale for more than a total of thirty days in a year, whether those days are consecutive or not. The maximum number of sales per year is not contingent upon the length of any sale on a given day.
(Ord. 952 (part), 1993)
(Ord. No. 1316, § 1, 7-17-2023)
Outdoor storage of motor vehicles not currently licensed shall be prohibited in all zoning districts, except motor vehicles held for sale by a licensed motor vehicle dealer at the dealer's place of business in a zoning district where motor vehicle sales are permitted.
(Ord. 952 (part), 1993)
Purpose: It is the intent of this Code to limit the aesthetic impact of signs on properties to prevent clutter and protect streetscapes, thereby preserving property values and protecting traffic safety. The accumulation of signs adversely affects these goals, property values, and public safety.
Signs hereinafter designated shall be permitted in all zoning districts.
A.
Temporary Signs. Unless otherwise noted, one non-illuminated sign, not to exceed thirty-two square feet, shall be permitted per street frontage. Such signs shall not extend higher than four feet above grade level and shall not constitute a safety or traffic hazard, to include hindering a driver's line of sight with other traffic. Temporary signs shall be removed within seven days following the completion of the event.
B.
Public Signs. Signs of a noncommercial nature and in the public interest, erected by or upon the order of a public officer in the performance of public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest, and other similar signs, including signs designating hospitals, libraries, schools, and other institutions or places of public interest or concern.
C.
Integral Signs. Signs for names of buildings, dates of erection, monumental citations, commemorative tablets, and other similar signs when carved into stone, concrete or other building material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure to which they are attached.
D.
Window Signs. Signs which are displayed between zero and ten feet behind a window or within a building, and when oriented so as to be viewed from the street or sidewalk; provided, however, that illuminated window signs shall be permitted only in those districts where illuminated, digital or electronic signs are permitted.
E.
Institutional Signs. On-premises signs for institutions such as a religious institution, school, library, public building, community center or similar institutions, containing the names of buildings, dates of erection, monumental citations, commemorative tablets, names of institutions, and similar signs when carved into stone, concrete or other building material or made of bronze, aluminum or other permanent type of construction.
(Ord. 952 (part), 1993)
(Ord. No. 1175, § 1, 8-17-2015; Ord. No. 1215, § 3, 3-19-2018)
Signs hereinafter designated shall be prohibited in all zoning districts.
A.
Obsolete Signs. Signs that advertise an activity, business, product, or service no longer conducted on the premises on which the sign is located.
B.
Banners, Balloons, Posters, Etc. Signs which contain or consist of banners, balloons, posters, pennants, ribbons, streamers, spinners, or other similarly moving devices, except as specifically provided in Section 17.16.110.A.4. These devices when not part of any sign shall also be prohibited.
C.
Portable Signs. Commercial signs that are not permanently anchored or secured to either a building or the ground, except as allowed by Section 11.20.080 sidewalk displays of the Decorah Municipal Code.
D.
Off-premises Signs on Public Property. Off-premises signs located on public property which is being used for public purposes.
E.
Flashing Signs. No flashing, blinking or rotating lights shall be permitted on either permanent or temporary signs.
F.
Moving Signs. No sign shall be permitted with any part that moves by mechanical or electronic means.
G.
Painted Wall Signs. Off-premises signs painted on building walls for commercial purposes.
H.
Electronic or Digital Signs. No electronic message signs or centers, digital billboards or other digital display signs on or off premises shall be permitted.
(Ord. 952 (part), 1993)
(Ord. No. 1175, § 1, 8-17-2015)
A.
Conformance Required. Except as may be hereinafter specified, no sign shall be erected, placed, maintained, converted, enlarged, reconstructed or structurally altered which does not comply with all of the regulations established by this title.
B.
Maintenance. All signs shall be maintained in a good state of repair, including, but not limited to, the structural components, the lighting, if any, the portion attaching the sign to the ground or structure, and the surface features.
C.
Nonconforming Signs. Where a sign exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, use, height, setback or other characteristics of the sign or its location on the lot, such sign may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No such sign may be enlarged or altered in a way which increases its nonconformity; however, reasonable repairs and alterations may be permitted;
2.
Should such sign be destroyed by any means to an extent of fifty percent or more of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.
D.
Permit Required. A sign permit, approved by the zoning administrator, shall be required before the erection, construction, alteration, placing, or locating of all signs conforming with this title.
E.
Permit Not Required. A permit shall not be required for repainting without changing permanent wording, composition or colors, or for nonstructural repairs.
F.
Plans. A copy of plans and specifications shall be submitted to the zoning administrator for each sign regulated by this title. Such plans shall show sufficient details about size of the sign, location, materials to be used, and such other data as may be required, for the zoning administrator to determine compliance with this title.
G.
Appeal. Any person or persons aggrieved by the decision of the zoning administrator to approve or disapprove a sign permit, as provided by this title, may appeal such decision to the board of adjustment as provided by Chapter 17.28 of this title.
H.
Substitution Clause. Any other provision of Chapter 17.16 notwithstanding, a noncommercial message may be substituted for a commercial message or another noncommercial message on any sign lawfully erected and maintained under the Code.
(Ord. 952 (part), 1993)
(Ord. No. 1215, § 4, 3-19-2018)
It shall be unlawful for any person, firm, or corporation to construct or cause to have constructed any fence upon any property within the corporate limits of the City of Decorah, except in accordance with the requirements and restrictions herein provided.
A.
Permit Required. A fence permit, approved by the zoning administrator, shall be required before the erection, construction, alteration, placing, or locating of all fences conforming to this title. Application for such permit shall contain any and all information, including drawings, required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this title. Any permit issued under the provisions of this title in which construction has not been completed within six months from the date of issuance shall expire.
B.
Definitions. For the purpose of this section, certain terms are herewith defined as follows:
"Adjacent grade" means the average grade measured at a point three feet on each side of the fence. In the case of a fence on a retaining wall, adjacent grade shall be the grade of the top of the wall.
"Decorative fence" means any fence of non-permanent nature, twenty-four-inch maximum height, easily removed.
"Decorative structure" means any structure or placed item of non-permanent nature, twenty-four-inch maximum height, easily removed.
"Fence" means any permanent partition, structure, or gate erected as a dividing marker, barrier, or enclosure, encircling either wholly or any portion of any area.
"Height" means the average distance between the top element in the fence and the adjacent grade over a straight section of fence with no corners.
"Living fence" means fences consisting of living hedges, bushes or shrubs.
"Protective measures fence" means a fence erected for the express purpose of protecting an enclosed area and the property therein, or a fence intended to deny access to a dangerous property or location.
C.
Requirements Applicable to All Fences.
1.
All fences must be located on the private property of the person, firm, or corporation constructing the fence and shall not extend toward the street beyond the front property line.
2.
Fences shall be constructed with boards, chain link construction, stone or other suitable material firmly connected to posts sunk in the soil at a depth necessary to properly support the fence.
3.
Decorative or finished side of fence must face neighboring properties with posts to applicant side, except where a written agreement between two property owners has been established.
4.
No fence shall be constructed, maintained, or placed on any property of metal construction or otherwise, which is charged or connected with an electrical current in such manner as to transmit said current to persons, animals, or things which intentionally or unintentionally might come in contact with it.
5.
Barbed wire is prohibited except as permitted by the zoning administrator on approved protective measures fences.
6.
Where a fence is made up of individual strands of wire, rope, or similar material smaller than one inch in width, thickness, or diameter, the strands must be strung between posts parallel with the grade of the land, must be evenly spaced between the top and bottom of the posts, and must be no more than six inches apart
7.
No fence located at a street intersection may exceed four feet in height for the entire length of each property line from the corner of the right-of-way. Alleys shall be treated as street intersections for purposes of clear vision requirements. Exception: fences paralleling alley property line shall maintain a four feet maximum height for a minimum of ten feet.
8.
All Fences paralleling alley property lines shall maintain a five-foot setback.
9.
Concertina wire, and similar types of fences with sharp edges designed to injure, are prohibited.
D.
Special Purpose Fences.
1.
Protective Measures Fence. A protective measures fence may only be erected upon a finding by the board of zoning appeals of the need for such fence. The applicant does not need to demonstrate hardship, only the need for the fence. In approving such a fence, the administrator shall determine that the definition of a protective measures fence is met and that there is no reasonable alternative to the erection of the fence. A protective measures fence shall not exceed ten feet in height in the M Industrial districts, ten feet in height in the C Commercial districts, and eight feet in height in all other districts. The owner of a protective measures fence may be granted permission to erect necessary and reasonable barriers along the uppermost edge of such fence including barbed wire.
2.
Living Fences. Hedges, bushes or shrubs shall be allowed to be used as living fences and shall comply with all the ordinance requirements of Chapter 17, Fences and Chapter 12, Boulevards. Exception: permitting is not required.
E.
Maintenance Required. Fences must be maintained so as not to endanger life or property. Any fence which, through lack of repair, type of construction, or otherwise, imperils life or property, shall be deemed a nuisance and Chapter 8.04 shall apply.
F.
Unsafe Fences. Fences containing barbed wire, concertina or similar wire, individual strand fences not meeting the spacing requirements or specifications of a special purpose fence, and electric fences are hereby declared hazardous to public safety. The zoning administrator may order the removal of such fences.
(Ord. No. 1175, § 1, 8-17-2015; Ord. No. 1297, §§ 1, 3, 9-6-2022)
Mobile homes occupied as a permanent or temporary place of residence shall be located only in an approved mobile home park or mobile home subdivision unless otherwise provided in this title or as provided in Chapter 5.12 of this code, and occupied travel trailers and camping trailers shall be located only in an approved tourist or trailer campground. Mobile homes, trailers or camping vehicles, unoccupied or in transit, shall not be parked or stored on public streets or within the street right-of-way.
(Ord. 952 (part), 1993)
The following rules and regulations shall apply to all satellite-receiving antennas governed by the terms and conditions of this title.
A.
No person shall place, erect, construct or install any satellite dish without first obtaining a permit from the zoning administrator.
B.
Any satellite-receiving antenna hereafter constructed in any residential zoning district shall be mounted on the ground at a height no greater than the peak of the roof of the residence located on the lot on which the antenna is to be located. If there is no residence on the lot on which the antenna is to be located, the height shall be controlled by the residence on the nearest neighboring lot. In no event shall the height be greater than fifteen feet. The height of the antenna shall be measured vertically from the highest point of the signal-receiving apparatus when positioned for operation to the bottom of the base which supports the antenna.
C.
No satellite-receiving antenna shall be mounted, located or placed permanently or temporarily in any residential zoning districts in any front yard and the portion of the side yard that is adjacent to the principal structure on a lot, and not within five feet of the lot lines in the remaining side and rear yards.
D.
No satellite-receiving antenna in residential districts shall be greater than twelve feet in diameter.
E.
Satellite-receiving antennas mounted on trailers or vehicles may be allowed for a period not to exceed fifteen days. All others shall be permanently placed.
F.
Notwithstanding the provisions of this section, a satellite-receiving antenna may be mounted on a residential dwelling so long as all structural requirements of the State Building Code are followed. However, the top of the building-mounted antenna shall not be higher than the peak of the roof of such building, and the antenna shall not be located on the side or front of the residence.
G.
Any satellite-receiving antenna used for commercial purposes in an agricultural or commercial zone which is adjacent to a residential district shall have a minimum setback of fifty feet from the residential property line.
(Ord. 952 (part), 1993)
All territory which may become a part of the incorporated area of the city through annexation shall be classified in the A-1 agricultural district until otherwise classified. However, the planning and zoning commission may recommend the appropriate district classification for a tract prior to its annexation so that upon the holding of a public hearing and approval of annexation by the city council, the territory may be immediately so classified.
(Ord. 952 (part), 1993)
16 - GENERAL REGULATIONS
Sections:
Except as hereinafter specified, no building, sign or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the regulations established by this title for the district in which the building or land is located.
(Ord. 952 (part), 1993)
Except as permitted in Chapter 17.40 of this title, no lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for at least twenty-five feet on at least one public street.
(Ord. 952 (part), 1993)
A.
No accessory building shall be erected in any required yard other than a rear yard, except as provided hereinafter. Accessory buildings in rear yards shall be at least five feet from alley lines and at least five feet from lot lines of adjoining lots which are in any "R" district, and on a corner lot they shall conform to the setback regulations on the side street. Accessory buildings may be erected as a part of the principal building, or may be connected thereto by a breezeway or similar structure, provided all yard requirements for a principal building are complied with. Except for accessory dwelling units defined in Chapter 17.68, an accessory building which is not a part of the main building shall not occupy more than thirty percent of the rear yard and shall not exceed twenty-five feet in height; however, this regulation shall not be interpreted to prohibit the construction of a seven hundred fifty-square-foot garage on a minimum rear yard.
B.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used.
C.
Accessory dwelling units shall have the same placement and appearance requirements as those imposed on a single-family residence, including maximum building height, minimum setback requirements and minimum lot sizes.
(Ord. 952 (part), 1993)
(Ord. No. 1349, § 1, 10-20-2025)
(Ord. No. 1216, § 1, 3-19-2018; Ord. No. 1317, § 1, 7-17-2023; Ord. No. 1321, § 1, 1-2-2024)
For corner lots platted or of record after December 4, 1973, the front yard regulation shall apply to each street side of the corner lot. On corner lots platted or of record prior to December 4, 1973, the side yard regulation shall be a minimum of seventy-five percent of the front yard required and shall apply to the longer street side of the lot.
(Ord. 952 (part), 1993)
In all residential districts, there shall be a minimum front yard required as stated in the bulk regulations for that particular district; provided, however, that where lots comprising thirty percent or more of the frontage within two hundred feet of either side lot line are developed with buildings at a greater or lesser setback, the front yard requirement shall be the average of these building setbacks and the minimum front yard required for the undeveloped lots. In computing the average setback, buildings located on reverse corner lots or entirely on the rear half of lots shall not be counted. The required front yard as computed herein need not exceed fifty feet in any case.
(Ord. 952 (part), 1993)
No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum required by this title. No part of a yard or other open space, or off-street parking or loading space, provided about any building, structure, or use for the purpose of complying with the provisions of this title shall be included as part of a yard, open space or off-street parking or loading space required under this title for another building, structure or use.
(Ord. 952 (part), 1993)
Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any building, or part thereof, for which approvals and required permits have been granted before the enactment of the ordinance codified in this title, the construction of which, in conformance with such plans, shall have been started prior to the effective date of the ordinance codified in this title and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control.
(Ord. 952 (part), 1993)
Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the other in its respective zoning classification, and for the purpose of applying the regulations of this title, each portion shall be considered as if in separate and different ownership.
(Ord. 952 (part), 1993)
Subject to the limitations of this section, any home occupation, otherwise known as home-based business, that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. Any question of whether a particular use is permitted as a home occupation, as provided herein, shall be determined by the zoning administrator pursuant to the provisions of this title. The regulations of this section are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place on residential property without changing the character of either the neighborhood or the structure.
A.
Definitions.
1.
"Goods" means any merchandise, equipment, products, supplies, or materials.
2.
"Home occupation" means any business for the manufacture, provision, or sale of goods or services that is owned and operated by the owner or tenant of the residential property on which the business operates, and which is clearly incidental to the residential use of the dwelling unit or residential property and does not change the residential character of the site. Also referred to as a "home-based business". Unless otherwise provided, the term "home occupation" includes "no impact home occupation", as herein defined.
3.
"No-impact home occupation" means a home occupation for which all of the following apply:
a.
The total number of on-site employees and clients does not exceed the city occupancy limit for the residential property.
b.
The business activities are characterized by all of the following:
i.
The activities are limited to the sale of lawful goods and services.
ii.
The activities do not generate on-street parking on a regular basis or a substantial increase in traffic through the residential area.
iii.
The activities occur inside the residential dwelling or in the yard of the residential property.
iv.
The activities are not visible from an adjacent property or street.
B.
Subject to conformance with all provisions of the Municipal Code, federal and state law, all no-impact home occupations are an allowed use in all dwellings. No permit is required for a no-impact home occupation. A business may voluntarily seek approval from the zoning administrator as to whether or not a home occupation qualifies as a no-impact home occupation.
C.
Use Limitations. In addition to all of the use limitations applicable to the district in which it is located, no home occupation, including a no-impact home occupation, shall be permitted unless it complies with the following restrictions:
1.
No more than twenty-five percent, including storage area, of no more than one floor of the dwelling unit, shall be devoted to the home occupation. The home occupation may also occupy the whole area of an accessory building;
2.
No alteration of the principal residential building shall be made which changes its character and appearance as a dwelling;
3.
No stock of goods shall be displayed or sold on the premises in excess of storage area available as defined in subsection (C)(1) of this section;
4.
The home occupation shall not be visible from any public way;
5.
No more than one commercially licensed vehicle used in connection with any home occupation shall be parked on the property;
6.
No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residence shall be permitted;
7.
No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other harmful emissions;
8.
No sign, other than one unlighted sign not over three square feet in area, attached flat against the dwelling and displaying only the occupant's name and occupation, shall advertise the presence of the home occupation;
9.
There shall be no off-premises signs or advertising.
10.
The home occupation shall not alter the structure so that it is no longer a dwelling unit.
11.
The home occupation shall not be conducted in a manner that will alter the residential character of the premises.
12.
The use shall be compatible with the residential use of the property and with the surrounding residential uses.
13.
All home occupation activity in a yard is prohibited, unless it is:
a.
In a side or rear yard, and
b.
Behind a fence that is solid and opaque, and a minimum of six feet in height.
D.
All home occupations must comply with City, County, and State regulations for public health and safety, including rules and regulations related to fire and building codes, sanitation, transportation, traffic, solid or hazardous waste, pollution, and noise control.
E.
Prohibited Home Occupations. In addition to the home occupations that do not comply with the limitations set forth in subsection C, the following uses are prohibited for home-occupations:
1.
Alcohol sales.
2.
Adult-oriented business, including:
a.
Creating or selling pornography;
b.
Providing nude or topless dancing, or operating any other adult-oriented business.
3.
Animal boarding houses, kennels, or stables.
4.
Private clubs.
5.
Restaurants and bars.
F.
Home Occupations Permitted. Permitted home occupations include, but are not limited to, those listed below. However, each permitted home occupation shall be subject to the use limitations set out in subsection C of this section:
1.
Providing instruction to not more than four students at a time;
2.
Office facilities for accountants, architects, brokers, doctors, dentists, engineers, lawyers, insurance agents and real estate agents;
3.
Office facilities for a minister, priest, rabbi monk, nun, imam, or other religious or spiritual leader;
4.
Office facilities for salespersons, sales representatives, and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises;
5.
Studio of an artist, photographer, craftsperson, writer or composer;
6.
Home employment of a physically, mentally or emotionally handicapped person who is unable to work away from home because of the disability;
7.
Shop of a dressmaker or tailor;
8.
Bed and breakfast home; provided, that for each guest room one additional off-street parking space is provided.
G.
Rummage/Garage Sales. A rummage/garage sale is a sale of household goods and belongings held either outdoors or in a garage. Rummage/garage sales are not a home occupation for purposes of this section, provided the premises may not be used for a rummage/garage sale for more than a total of thirty days in a year, whether those days are consecutive or not. The maximum number of sales per year is not contingent upon the length of any sale on a given day.
(Ord. 952 (part), 1993)
(Ord. No. 1316, § 1, 7-17-2023)
Outdoor storage of motor vehicles not currently licensed shall be prohibited in all zoning districts, except motor vehicles held for sale by a licensed motor vehicle dealer at the dealer's place of business in a zoning district where motor vehicle sales are permitted.
(Ord. 952 (part), 1993)
Purpose: It is the intent of this Code to limit the aesthetic impact of signs on properties to prevent clutter and protect streetscapes, thereby preserving property values and protecting traffic safety. The accumulation of signs adversely affects these goals, property values, and public safety.
Signs hereinafter designated shall be permitted in all zoning districts.
A.
Temporary Signs. Unless otherwise noted, one non-illuminated sign, not to exceed thirty-two square feet, shall be permitted per street frontage. Such signs shall not extend higher than four feet above grade level and shall not constitute a safety or traffic hazard, to include hindering a driver's line of sight with other traffic. Temporary signs shall be removed within seven days following the completion of the event.
B.
Public Signs. Signs of a noncommercial nature and in the public interest, erected by or upon the order of a public officer in the performance of public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest, and other similar signs, including signs designating hospitals, libraries, schools, and other institutions or places of public interest or concern.
C.
Integral Signs. Signs for names of buildings, dates of erection, monumental citations, commemorative tablets, and other similar signs when carved into stone, concrete or other building material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure to which they are attached.
D.
Window Signs. Signs which are displayed between zero and ten feet behind a window or within a building, and when oriented so as to be viewed from the street or sidewalk; provided, however, that illuminated window signs shall be permitted only in those districts where illuminated, digital or electronic signs are permitted.
E.
Institutional Signs. On-premises signs for institutions such as a religious institution, school, library, public building, community center or similar institutions, containing the names of buildings, dates of erection, monumental citations, commemorative tablets, names of institutions, and similar signs when carved into stone, concrete or other building material or made of bronze, aluminum or other permanent type of construction.
(Ord. 952 (part), 1993)
(Ord. No. 1175, § 1, 8-17-2015; Ord. No. 1215, § 3, 3-19-2018)
Signs hereinafter designated shall be prohibited in all zoning districts.
A.
Obsolete Signs. Signs that advertise an activity, business, product, or service no longer conducted on the premises on which the sign is located.
B.
Banners, Balloons, Posters, Etc. Signs which contain or consist of banners, balloons, posters, pennants, ribbons, streamers, spinners, or other similarly moving devices, except as specifically provided in Section 17.16.110.A.4. These devices when not part of any sign shall also be prohibited.
C.
Portable Signs. Commercial signs that are not permanently anchored or secured to either a building or the ground, except as allowed by Section 11.20.080 sidewalk displays of the Decorah Municipal Code.
D.
Off-premises Signs on Public Property. Off-premises signs located on public property which is being used for public purposes.
E.
Flashing Signs. No flashing, blinking or rotating lights shall be permitted on either permanent or temporary signs.
F.
Moving Signs. No sign shall be permitted with any part that moves by mechanical or electronic means.
G.
Painted Wall Signs. Off-premises signs painted on building walls for commercial purposes.
H.
Electronic or Digital Signs. No electronic message signs or centers, digital billboards or other digital display signs on or off premises shall be permitted.
(Ord. 952 (part), 1993)
(Ord. No. 1175, § 1, 8-17-2015)
A.
Conformance Required. Except as may be hereinafter specified, no sign shall be erected, placed, maintained, converted, enlarged, reconstructed or structurally altered which does not comply with all of the regulations established by this title.
B.
Maintenance. All signs shall be maintained in a good state of repair, including, but not limited to, the structural components, the lighting, if any, the portion attaching the sign to the ground or structure, and the surface features.
C.
Nonconforming Signs. Where a sign exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, use, height, setback or other characteristics of the sign or its location on the lot, such sign may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No such sign may be enlarged or altered in a way which increases its nonconformity; however, reasonable repairs and alterations may be permitted;
2.
Should such sign be destroyed by any means to an extent of fifty percent or more of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.
D.
Permit Required. A sign permit, approved by the zoning administrator, shall be required before the erection, construction, alteration, placing, or locating of all signs conforming with this title.
E.
Permit Not Required. A permit shall not be required for repainting without changing permanent wording, composition or colors, or for nonstructural repairs.
F.
Plans. A copy of plans and specifications shall be submitted to the zoning administrator for each sign regulated by this title. Such plans shall show sufficient details about size of the sign, location, materials to be used, and such other data as may be required, for the zoning administrator to determine compliance with this title.
G.
Appeal. Any person or persons aggrieved by the decision of the zoning administrator to approve or disapprove a sign permit, as provided by this title, may appeal such decision to the board of adjustment as provided by Chapter 17.28 of this title.
H.
Substitution Clause. Any other provision of Chapter 17.16 notwithstanding, a noncommercial message may be substituted for a commercial message or another noncommercial message on any sign lawfully erected and maintained under the Code.
(Ord. 952 (part), 1993)
(Ord. No. 1215, § 4, 3-19-2018)
It shall be unlawful for any person, firm, or corporation to construct or cause to have constructed any fence upon any property within the corporate limits of the City of Decorah, except in accordance with the requirements and restrictions herein provided.
A.
Permit Required. A fence permit, approved by the zoning administrator, shall be required before the erection, construction, alteration, placing, or locating of all fences conforming to this title. Application for such permit shall contain any and all information, including drawings, required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this title. Any permit issued under the provisions of this title in which construction has not been completed within six months from the date of issuance shall expire.
B.
Definitions. For the purpose of this section, certain terms are herewith defined as follows:
"Adjacent grade" means the average grade measured at a point three feet on each side of the fence. In the case of a fence on a retaining wall, adjacent grade shall be the grade of the top of the wall.
"Decorative fence" means any fence of non-permanent nature, twenty-four-inch maximum height, easily removed.
"Decorative structure" means any structure or placed item of non-permanent nature, twenty-four-inch maximum height, easily removed.
"Fence" means any permanent partition, structure, or gate erected as a dividing marker, barrier, or enclosure, encircling either wholly or any portion of any area.
"Height" means the average distance between the top element in the fence and the adjacent grade over a straight section of fence with no corners.
"Living fence" means fences consisting of living hedges, bushes or shrubs.
"Protective measures fence" means a fence erected for the express purpose of protecting an enclosed area and the property therein, or a fence intended to deny access to a dangerous property or location.
C.
Requirements Applicable to All Fences.
1.
All fences must be located on the private property of the person, firm, or corporation constructing the fence and shall not extend toward the street beyond the front property line.
2.
Fences shall be constructed with boards, chain link construction, stone or other suitable material firmly connected to posts sunk in the soil at a depth necessary to properly support the fence.
3.
Decorative or finished side of fence must face neighboring properties with posts to applicant side, except where a written agreement between two property owners has been established.
4.
No fence shall be constructed, maintained, or placed on any property of metal construction or otherwise, which is charged or connected with an electrical current in such manner as to transmit said current to persons, animals, or things which intentionally or unintentionally might come in contact with it.
5.
Barbed wire is prohibited except as permitted by the zoning administrator on approved protective measures fences.
6.
Where a fence is made up of individual strands of wire, rope, or similar material smaller than one inch in width, thickness, or diameter, the strands must be strung between posts parallel with the grade of the land, must be evenly spaced between the top and bottom of the posts, and must be no more than six inches apart
7.
No fence located at a street intersection may exceed four feet in height for the entire length of each property line from the corner of the right-of-way. Alleys shall be treated as street intersections for purposes of clear vision requirements. Exception: fences paralleling alley property line shall maintain a four feet maximum height for a minimum of ten feet.
8.
All Fences paralleling alley property lines shall maintain a five-foot setback.
9.
Concertina wire, and similar types of fences with sharp edges designed to injure, are prohibited.
D.
Special Purpose Fences.
1.
Protective Measures Fence. A protective measures fence may only be erected upon a finding by the board of zoning appeals of the need for such fence. The applicant does not need to demonstrate hardship, only the need for the fence. In approving such a fence, the administrator shall determine that the definition of a protective measures fence is met and that there is no reasonable alternative to the erection of the fence. A protective measures fence shall not exceed ten feet in height in the M Industrial districts, ten feet in height in the C Commercial districts, and eight feet in height in all other districts. The owner of a protective measures fence may be granted permission to erect necessary and reasonable barriers along the uppermost edge of such fence including barbed wire.
2.
Living Fences. Hedges, bushes or shrubs shall be allowed to be used as living fences and shall comply with all the ordinance requirements of Chapter 17, Fences and Chapter 12, Boulevards. Exception: permitting is not required.
E.
Maintenance Required. Fences must be maintained so as not to endanger life or property. Any fence which, through lack of repair, type of construction, or otherwise, imperils life or property, shall be deemed a nuisance and Chapter 8.04 shall apply.
F.
Unsafe Fences. Fences containing barbed wire, concertina or similar wire, individual strand fences not meeting the spacing requirements or specifications of a special purpose fence, and electric fences are hereby declared hazardous to public safety. The zoning administrator may order the removal of such fences.
(Ord. No. 1175, § 1, 8-17-2015; Ord. No. 1297, §§ 1, 3, 9-6-2022)
Mobile homes occupied as a permanent or temporary place of residence shall be located only in an approved mobile home park or mobile home subdivision unless otherwise provided in this title or as provided in Chapter 5.12 of this code, and occupied travel trailers and camping trailers shall be located only in an approved tourist or trailer campground. Mobile homes, trailers or camping vehicles, unoccupied or in transit, shall not be parked or stored on public streets or within the street right-of-way.
(Ord. 952 (part), 1993)
The following rules and regulations shall apply to all satellite-receiving antennas governed by the terms and conditions of this title.
A.
No person shall place, erect, construct or install any satellite dish without first obtaining a permit from the zoning administrator.
B.
Any satellite-receiving antenna hereafter constructed in any residential zoning district shall be mounted on the ground at a height no greater than the peak of the roof of the residence located on the lot on which the antenna is to be located. If there is no residence on the lot on which the antenna is to be located, the height shall be controlled by the residence on the nearest neighboring lot. In no event shall the height be greater than fifteen feet. The height of the antenna shall be measured vertically from the highest point of the signal-receiving apparatus when positioned for operation to the bottom of the base which supports the antenna.
C.
No satellite-receiving antenna shall be mounted, located or placed permanently or temporarily in any residential zoning districts in any front yard and the portion of the side yard that is adjacent to the principal structure on a lot, and not within five feet of the lot lines in the remaining side and rear yards.
D.
No satellite-receiving antenna in residential districts shall be greater than twelve feet in diameter.
E.
Satellite-receiving antennas mounted on trailers or vehicles may be allowed for a period not to exceed fifteen days. All others shall be permanently placed.
F.
Notwithstanding the provisions of this section, a satellite-receiving antenna may be mounted on a residential dwelling so long as all structural requirements of the State Building Code are followed. However, the top of the building-mounted antenna shall not be higher than the peak of the roof of such building, and the antenna shall not be located on the side or front of the residence.
G.
Any satellite-receiving antenna used for commercial purposes in an agricultural or commercial zone which is adjacent to a residential district shall have a minimum setback of fifty feet from the residential property line.
(Ord. 952 (part), 1993)
All territory which may become a part of the incorporated area of the city through annexation shall be classified in the A-1 agricultural district until otherwise classified. However, the planning and zoning commission may recommend the appropriate district classification for a tract prior to its annexation so that upon the holding of a public hearing and approval of annexation by the city council, the territory may be immediately so classified.
(Ord. 952 (part), 1993)