165.06.01.   Purpose. Site Development Regulations are established to promote compatible land use patterns, appropriate to the purposes, and specific nature of each district.

   165.06.02.   Application. The regulations apply to all sites, in each respective zoning district, including development and redevelopment, in the City of Dyersville except where explicitly listed as excluded in this Zoning Ordinance.

   165.06.03.   A-1 Rural Restricted District. The A-1 district provides for and preserves the agricultural and rural use of land, while accommodating extremely low-density residential development generally associated with agricultural uses.

      A.   A-1 Site Development Regulations

 

   165.06.04.   A-2 Rural Residential District. The A-2 district provides for the rural residential use of land, accommodating limited agriculture and very low-density residential environments. A-2 districts do not permit comprehensive agriculture and are intended for areas where farming is not a primary, permanent land use.

      A.   A-2 Site Development Regulations

 

   165.06.05.   R-1 Single-Family Residential District. The R-1 district is intended to provide for low-density residential neighborhoods, characterized by single-family dwellings with supporting community facilities and urban services.

      A.   R-1 Site Development Regulations

 

   165.06.06.   R-2 Medium Density Residential District. The R-2 district is intended to provide for medium-density residential neighborhoods, characterized by single-family and lower density multi-family dwellings.

      A.   R-2 Site Development Regulations

 

   165.06.07.   R-3 Urban Residential District. The R-3 district is intended to provide locations primarily for all housing types and densities, with supporting and appropriate community facilities. It also permits some non-residential uses to permit the development of mixed-use neighborhoods.

      A.   R-3 Site Development Regulations

 

   165.06.08.   C-1 Neighborhood Commercial District. The C-1 district supports neighborhood convenience uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses.

      A.   C-1 Site Development Regulations

 

   165.06.09.   C-2 General Commercial District. The C-2 district accommodates a variety of commercial uses, some of which have significant traffic or visual effects.

      A.   C-2 Site Development Regulations

 

   165.06.10.   C-3 Downtown Commercial District. The C-3 district is intended to provide appropriate development regulations for Downtown Dyersville.

      A.   C-3 Site Development Regulations

 

   165.06.11.   I-1 Light Industrial District. The I-1 district is designed to allow light industrial uses with limited external impacts. Uses are more compatible as transitions from industrial to commercial or high density residential uses with adequate buffering.

      A.   I-1 Site Development Regulations

 

   165.06.12.   I-2 Mixed Industrial District. The I-2 district is intended for the location of industrial uses with relatively limited environmental effects that may include areas of outdoor operations.

      A.   I-2 Site Development Regulations

 

   165.06.13.   I-3 Heavy Industrial District. The I-3 district is intended to accommodate a wide variety of industrial uses, especially those which may have significant external effects.

      A.   I-3 Site Development Regulations

 

   165.06.14.   P-1 Public and Institutional District. The P-1 district accommodates a variety of public and institutional uses. Examples include civic buildings, schools, places of assembly, hospitals, medical campuses, and elder care facilities.

      A.   P-1 Site Development Regulations

 

   165.06.15.   PC Parks and Conservation District. The Parks and Conservation District accommodates Dyersville’s policies, including the Comprehensive Plan, to retain large areas of environmental importance for conservation and recreational purposes.

      A.   PC Site Development Regulations

 

      B.   Property Ownership. All land within PC Districts shall be owned by the City of Dyersville, another public agency, or a nonprofit organization or corporation whose primary purpose is resource conservation. The PC District is not ordinarily intended to apply to other private property and is not intended to restrict the development rights of private property owners.

   165.06.16.   PUD Planned Unit Development District. The purpose of the PUD District is to provide for unanticipated or higher quality development through flexibility in building controls, including height and density, provided that the resulting development is superior to what would result from existing district standards, offer a commendable number or quality of meaningful public benefits, and protect and advance the public health, safety, welfare, and convenience, and is not inconsistent with the Comprehensive Plan.

   165.06.17.   Run with the Land. The requirements of a PUD run with the land regardless of the subsequent sale or conveyance of property. The PUD District, which is adopted by the City Council with the recommendation of the Commission, assures specific development standards for each designated project. However, it is not the intent of this section either to permit a mixture of totally unrelated uses to be developed or to allow the fundamental purposes of the zoning, platting, and subdivision provisions of the Dyersville Code of Ordinances to be ignored.

      A.   Application. A PUD District is allowed anywhere in the City and replaces the existing zoning district when approved.

      B.   Minimum Size. A PUD District shall consist of at least two acres including right-of-way areas.

      C.   Permitted Uses. Uses permitted in a PUD District shall be identified at the time of approval. An existing zoning district may be used as the base land use list but not required. Mixing of residential, commercial, and industrial uses is allowed to achieve a combination of use types not anticipated by conventional base districts.

      D.   Site Development Regulations. An existing base zoning district shall be used for site development regulations with identification of requested variations from the base district for consideration by the Commission and City Council. Approved site development regulations shall be incorporated within an ordinance providing for the map amendment of the property to a PUD District. A PUD District may contain areas with different regulations. For example, an area identified for primarily residential uses and an area identified for primarily commercial uses that represent different character intents or transitions to adjacent single use districts.

      E.   Criteria for Approval. The following criteria shall govern the development of PUD District standards:

         i.   Comprehensive Plan. Uses, site regulations, transportation networks, open space, and site layout shall be consistent with the intent of the Comprehensive Plan.

         ii.   Environmental Design. Existing trees, groves, waterways, scenic points, historic spots, and other natural assets and landmarks shall be preserved whenever possible. The location of trees shall be considered when designing open spaces and planning the location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. A general landscaping plan shall be required for all PUD District applications.

         iii.   Open Space. Public open space shall be encouraged and may be required in large residential developments.

         iv.   Transportation Design. Principal vehicular, bicycle, and pedestrian access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic.

            a.   Streets, paths, and trails within a PUD District shall be built for, connected to, and consistent with planned transportation routes as identified in the Comprehensive Plan and other adopted City or County plans. Internal cross-easements and shared access points between or within individual projects and preexisting development shall be maximized when possible.

            b.   Pedestrian routes shall not be immediately adjacent to the vehicular street system.

            c.   Standards of design and construction for public roadways shall be equivalent to those standards provided in the Subdivision Ordinance unless the applicant shows that variations are necessary to promote quality design without impacting the health, safety, and welfare of the public. No privately owned roadways may be dedicated to the public use at a later date unless and until said roadways have been improved by the private owner thereof to then existing design standards for public streets.

            d.   Each PUD District must abut a public street for at least 100 feet and gain access from that street.

         v.   Public Infrastructure. PUD approvals shall not be granted unless utility systems such as water lines, sanitary sewer lines, and streets located outside the PUD exist in sufficient quantity and quality to serve the PUD without system overload, unless the developer agrees to sufficiently improve the system deemed inadequate at the developer’s own expense.

         vi.   Parking. The required minimum number of parking spaces required by the base district do not apply, except that ADA requirements remain applicable. When provided, parking lots shall be designed following the parking design standards in Subsection 165.07.06, Parking Design Standards, with adequate stormwater management, and landscaping at least to the requirements of the base district.

         vii.   Buffering. When parking areas along the boundary of a PUD District abut residential uses, civic uses, or public spaces, adequate buffering shall be provided by means of landscaping and setbacks applicable in Subsection 165.08.06, Bufferyards and Screening Provisions. Fencing does not constitute adequate buffering.

         viii.   Signage. A sign package shall be submitted that indicates the location, size, and height of all on-premise signage.

         ix.   Transitions. Development within the PUD District shall transition to surrounding preexisting uses outside of the PUD District according the Comprehensive Plan in terms of transportation routes, building scale, public spaces, and natural features. It is not the intent of the PUD District regulations to create isolated tracts of development in the City. The examples listed below are representations of methods that can make neighboring developments compatible with each other and meant as potential solutions to transition PUD development to preexisting development:

            a.   Step down to similar building size, density, scale, and site design at PUD boundaries.

            b.   Reflect the patterns of buildings, yards, paved areas, and streetscape displayed by adjacent preexisting developments that are not intended to change based on the Comprehensive Plan.

            c.   At transitions not separated by right of way near lower-intensity areas, if building bulk cannot be diminished in size based on this Zoning Ordinance, then other measures may substitute for building size reduction.

            d.   At edges with preexisting, lower-intensity residential uses or densities, use the landscaping and screening methods in Subsection 165.08.06, Bufferyards and Screening Provisions, other Zoning Ordinance setback requirements, or other measures as separators of difference land uses.

            e.   Placing parks, greenways, stormwater features, preserving natural environmental features, and drainageways at PUD boundaries.

         x.   Amenities. Because the PUD District provides the opportunity for greater design flexibility, mixed land uses, and improved marketability, the applicant shall be prepared to provide amenities and services as part of the PUD District that might not be required or possible in a conventional development. Examples include but are not limited to pedestrian and bicycle paths, open space, additional landscaping, and building materials.

      F.   Approval Procedures. The procedure for designating a PUD District shall follow all requirements of the Code of Iowa and those listed in this Subsection.

      G.   Application Requirements. The application for a Planned Unit Development District shall include a development plan containing the following information:

         i.   A detailed map including:

            a.   A legal description of the development site, including a statement of ownership;

            b.   A boundary survey;

            c.   Site dimensions;

            d.   Contour lines at no greater than two-foot intervals;

            e.   Adjacent public rights of way, transportation routes, and pedestrian or bicycle systems;

            f.   Description of adjacent land uses;

            g.   Utility service to the site and easements through the site; and

            h.   Description of other site features, including drainage, soils, or other considerations that may affect development.

         ii.   A development plan, including:

            a.   A land use plan designating specific uses for the site and establishing site development regulations, including setback, height, building coverage, and impervious coverage requirements;

            b.   A site layout, including the location of proposed buildings, parking, open space, and other facilities;

            c.   Location, capacity, and conceptual design of parking facilities;

            d.   Description of the use of individual buildings;

            e.   Conceptual information sufficient to indicate a building height, bulk, materials, and general architectural design;

            f.   A site development and landscaping plan, showing building locations, or building envelopes; site improvements; public or common open spaces; community facilities; significant visual features; and typical landscape plans;

            g.   Vehicular and pedestrian circulation plan, including relationship to external transportation systems;

            h.   Schematic building elevations and sections if required to describe the project;

            i.   Grading plans;

            j.   Proposed sewer and utility improvements; and

            k.   Location, sizes, and types of all proposed signage.

         iii.   A statistical summary of the project, including gross site area, net site area, number of housing units by type, gross floor area of other uses, total amount of parking, and building and impervious surface percentages.

         iv.   A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.

      H.   Pre-Application Conference. It is intended that the PUD process avoid confusion and undue hardship for both the developer and the public entity. At least one meeting between the private developer and City staff, as determined by the Administrator, is required so that an understanding and mutual consensus on the proposed PUD District may be reached to the extent possible prior to the formal filing for PUD approval. The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain the project including the location, proposed uses, proposed site layout, and existing natural features.

      I.   Formal Filing. After a private developer has formally filed a proposed PUD District with the City, the Administrator shall have forty-five (45) days to review the PUD in detail, convey their findings and recommendations in writing to the Commission, and start the public hearing process.

      J.   Commission. Upon referral of a proposed PUD from the staff and proper notice according to Subsubsection 165.03.04.A, General Procedures, the Commission shall hold a public hearing and act upon each application within thirty (30) days after the public hearing by making a recommendation to approve, approve with conditions, or deny an application to the City Council to decide.

      K.   City Council. The City Council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a PUD District within thirty (30) days after the public hearing. Proper notice shall mean the same notice established for any other zoning amendment and the State of Iowa. The City Council shall be the final authority for approval or disapproval of a proposed PUD District. An ordinance adopting a PUD District shall require a favorable simple majority of the City Council for approval.

      L.   Effect of Approval. Upon approval by the City Council, the Development Plan shall become a part of this Zoning Ordinance creating or amending the PUD District. All approved plans shall be filed with the City Clerk. The approval authorizes the applicant to proceed with an application for a building permit and certificate of occupancy, as applicable, in compliance with the approved PUD application.

         i.   A PUD review by the Commission and approval by Council shall also satisfy building permit approval for construction values of $1,000,000 or more according to Subsubsection 165.03.04.D, Building Permit.

      M.   PUD Amendments. Amendments to a PUD District follow the same filing procedures as approval. The following amendments are allowed:

         i.   Minor changes in site engineering, building design, and location arrangement may be authorized by the Administrator.

         ii.   Substantial and material changes in the PUD must be approved by ordinance by the City Council following Commission review and public hearing as outlined in this Subsubsection 165.06.17 J, K.

      N.   Termination. If no substantial development has taken place in a PUD District for three years following approval of the ordinance, the Commission can reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property back to the previous district before PUD ordinance approval. Termination does not apply to approved PUD Districts where the approval included design in separate phases that may extend past three years.

      O.    Absent Provisions. Where there is no provision in the approved PUD District addressing a specific regulation or situation, the requirements of the base district identified in approved application shall be applied to the development.

   165.06.18.   Neighborhood Conservation Overlay (NC). The Neighborhood Conservation Overlay is intended to provide an opportunity to establish and apply special development controls and standards for certain neighborhoods platted before the effective date of this chapter. The overlay recognizes that certain areas of the City have special design characteristics that represent the time they were developed and should not require public review for development that functions with the character of the neighborhood.

      A.   Application. The Neighborhood Conservation Overlay standards apply to the following areas in the City:

         i.   Area of the original plat of Dyersville and Dyersville East Subdivision.

      B.   Adoption of new areas. The NC Overlay may be adopted for additional residential areas pursuant to the same procedures as Subsubsection 165.03.04.K, Map and Text Amendments.

      C.   Development Standards. The standards of the underlying zoning district apply to all new development, redevelopment, building modifications or expansions, or site changes.

      D.   Overlay Specific Deviations. In adopted NC Overlay areas, the following deviations from the underlying district standards are allowed:

         i.   Front yard setbacks for principal structures. Reduction of the minimum front yard to the average front yard along the same side of the block face in the same district, provided that:

            a.   If the lot takes vehicular access from the street, the driveway is at least 25 feet long from the property line to the building wall or garage door.

            b.   No setback adjustment pursuant to this section shall create a required front yard setback more than five feet greater than that otherwise required by the applicable zoning district

         ii.   Street side yard setbacks for principal and accessory structures. Reduction up to five feet from base district requirements only for uncovered porches, terraces, and decks provided a planting strip of at least five feet is maintained between the building and sidewalk when present or planned.

         iii.   Side yard setbacks for principal and accessory structures. Reduction to a five foot setback, provided that buildings on adjacent lots are setback at least five feet from the lot line.

         iv.   Rear yard setbacks. Reduction up to five feet from base district requirements only for uncovered porches, terraces, decks, and accessory structures.

         v.   Lots Adjoining Alleys. In calculating the depth of a required side or rear yard setback for a lot adjoining a dedicated public alley, one-half of the alley may be credited as a portion of the yard. However, no residential structure may be nearer than five feet to the side of the alley.

         vi.   Accessory building coverage. An increase in maximum accessory building area to the greater of 1,000 feet or the building coverage of the principal structure.

      E.   Deviation Conditions. Deviations granted under the NC Overlay shall not:

         i.   Authorize construction of buildings in easements, public rights-of-way or floodplains, or non-conformity with the locally adopted building code.
         ii.   Interfere with planned right-of-way expansions or alter drainage patterns onto abutting property.

      F.   Relationship to Variances. The deviations allowed under this section are not considered variances. Any request beyond the allowances of the underlying district standards and overlay specific deviations require approval of a variance by the Board of Adjustments, listed in Subsubsection 165.03.04.N, Variance.

      G.   Procedure. Building or other development permits issued by the City in the NC Overlay shall follow all procedures for review that are established by the City.

   165.06.19.   Historic Overlay District. The Historic Overlay District provides an opportunity to establish and apply special development controls and standards, including controls on demolitions, moving, or altering properties, for areas in the City with historic value or design characteristics.

      A.   Proposal. The creation of a Historic Overlay District may be initiated by the Commission, the City Council, or by petition of the owner or owners of 51% of the property area within the proposed district.

      B.   Requirements for Application. An application for the creation of a Historic Overlay District must include:

         i.   A statement describing the proposed district's special historical or architectural characteristics and stating the reasons for proposal of the district;

         ii.   A map indicating the boundaries of the proposed Historic Overlay District, specifying the base district(s) included within these boundaries;

         iii.   An inventory of the land uses, buildings, or historically important sites located within the boundaries of the proposed district;

         iv.   A future land use plan for the district; and

         v.   Supplemental site development regulations, design criteria, and performance standards that apply to the proposed district.

      C.   Adoption of a Historic Overlay District.

         i.   The Administrator shall submit the application to the Iowa State Historic Preservation Office for review, comment, and recommendation. Any recommendations by the Iowa SHPO shall be considered with the application for a Historic Overlay District.

         ii.   The Commission, after proper notice as described under Subsubsection 165.03.04.A, General Procedures shall hold a public hearing and act upon each application.

         iii.   The Commission may recommend amendments to Historic District applications.

         iv.   The recommendation of the Commission shall be transmitted to the City Council for final action.

         v.   The City Council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a Historic Overlay District.

         vi.   The ordinance adopting the Historic District shall include a statement of purpose, a description of district boundaries, and a list of supplemental site development regulations and performance standards.

         vii.   Upon approval by the City Council, each Historic Overlay District shall be shown on the Official Zoning Map, identified sequentially by order of enactment and referenced to the enacting ordinance.

      D.   Approval Criteria. The Commission and City Council shall determine the criteria for approval which shall include but not limited to:

         i.   Consistency with the policies and objectives of the Comprehensive Plan.

         ii.   The demonstrated need to preserve the value of property and to protect individual sites or buildings within a historic district from inappropriate and harmful development because the district is an area of historical significance as permitted and limited by applicable law of the Iowa Code, Section 303.20:

            a.   Are significant in American history, architecture, archaeology, and culture, and

            b.   Possess integrity of location, design, setting, materials, skill, feeling, and association, and

            c.   Are associated with events that have been a significant contribution to the broad patterns of our history, or

            d.   Are associated with the lives of persons significant in our past, or

            e.   Embody the distinctive characteristics of a type; period; method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction; and

            f.   Have yielded, or may be likely to yield, information important in prehistory or history.

      E.   Building Permits. Building or other development permits issued by the City in a Historic Overlay District shall be consistent with the adopted Historic District Ordinance and shall follow all procedures for review that are established by the City.

      F.   National Register and Landmark. The application may be submitted to the National Register of Historic Places or National Landmark Program, but approval shall not be contingent on National designation unless determined by the City Council.

   165.06.20.   Floodplain Overlay District.

      A.   Statutory Authority, Findings of Fact and Purpose.

         i.   The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, as amended, delegated the power to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare.

         ii.   Findings of Fact.

            a.   The flood hazard areas of the City of Dyersville are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of the community.

            b.   These flood losses, hazards, and related adverse effects are caused by: (i) the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding and (ii) the cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities.

            c.   This ordinance relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Department of Natural Resources.

         iii.   Statement of Purpose. It is the purpose of this ordinance to protect and preserve the rights, privileges and property of the City of Dyersville and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in 165.06.20(A)(2)(A) of this ordinance with provisions designed to:

            a.   Reserve sufficient floodplain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.

            b.   Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities.

            c.   Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement.

            d.   Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.

            e.   Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

      B.   General Provisions.

         i.   Lands to Which Ordinance Apply. The provisions of this ordinance shall apply to all lands within the jurisdiction of the City of Dyersville shown on the Official Floodplain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe, General Floodplain and Shallow Flooding (Overlay) Districts, as established in 165.06.20(D).

         ii.   Establishment of Official Floodplain Zoning Map. The Flood Insurance Rate Map (FIRM) for Dubuque County and Incorporated Areas, City of Dyersville, Panels 19061C165F, 0170F, 0257F, 0260F, 0276F, 0278F, 0280F, 0285F, dated August 10th, 2021, which were prepared as part of the Flood Insurance Study for Dubuque County, is hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this ordinance.

         iii.   Rules for Interpretation of District Boundaries. The boundaries of the zoning district areas shall be determined by scaling distances on the Official Floodplain Zoning Map. When an interpretation is needed as to the exact location of a boundary, the Administrator shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it alleged that there is an error in any requirement, decision, or determination made by the Administrator in the enforcement or administration of this ordinance.

         iv.   Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations which apply to uses within the jurisdiction of this ordinance.

         v.   Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provision of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

         vi.   Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes.

         vii.   Warning and Disclaimer of Liability. The standards required by this ordinance are considered reasonable for regulatory purposes. This ordinance does not imply that areas outside the designated Floodplain (Overlay) District areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Dyersville or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made there under.

         viii.   Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

      C.   Administration.

         i.   Appointment, Duties and Responsibilities of Local Official.

            a.   The (local official) is hereby appointed to implement and administer the provisions of this ordinance and will herein be referred to as the Administrator.

            b.   Duties and responsibilities of the Administrator shall include, but not necessarily be limited to the following:

               (i)   Review all floodplain development permit applications to assure that the provisions of this ordinance will be satisfied.

               (ii)   Review floodplain development applications to assure that all necessary permits have been obtained from federal, State and local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction.

               (iii)   Record and maintain a record of (i) the elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of all new or substantially improved structures or (ii) the elevation to which new or substantially improved structures have been floodproofed.

               (iv)   Notify adjacent communities/counties and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Emergency Management Agency.

               (v)   Keep a record of all permits, appeals and such other transactions and correspondence pertaining to the administration of this ordinance.

               (vi)   Submit to the Federal Insurance Administrator an annual report concerning the community’s participation, utilizing the annual report form supplied by the Federal Insurance Administrator.

               (vii)   Notify the Federal Insurance Administrator of any annexations or modifications to the community’s boundaries.

               (viii)   Review subdivision proposals to ensure such proposals are consistent with the purpose of this ordinance and advise the Board of Adjustment of potential conflict.

               (ix)   Maintain the accuracy of the community’s Flood Insurance Rate Maps when:

                  a.   Development placed within the Floodway (Overlay) District results in any of the following:

                     i.   An increase in the base flood elevations, or

                     ii.   Alteration to the floodway boundary

                  b.   Development placed in Zones A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or

                  c.   Development relocates or alters the channel.

               Within 6 months of the completion of the development, the applicant shall submit to FEMA all scientific and technical data necessary for a Letter of Map Revision.

               (x)   Perform site inspections to ensure compliance with the standards of this ordinance.

               (xi)   Forward all requests for variances to the Board of Adjustment for consideration. Ensure all requests include the information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.

         ii.   Floodplain Development Permit.

            a.   Permit Required. A floodplain development permit issued by the Administrator shall be secured prior to any floodplain development (any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials or equipment, excavation or drilling operations), including the placement of factory-built homes.

            b.   Application for Permit. Application shall be made on forms furnished by the Administrator and shall include the following:

               (i)   Description of the work to be covered by the permit for which application is to be made.

               (ii)   Description of the land on which the proposed work is to be done (i.e., lot, block, track, street address or similar description) that will readily identify and locate the work to be done.

               (iii)   Location and dimensions of all structures and additions.

               (iv)   Indication of the use or occupancy for which the proposed work is intended.

               (v)   Elevation of the base flood.

               (vi)   Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structures or of the level to which a structure is to be floodproofed.

               (vii)   For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements.

               (viii)   Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this ordinance.

            c.   Action on Permit Application. The Administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable standards of this ordinance and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for variances except as directed by the Board of Adjustment.

            d.   Construction and Use to Be As Provided in Application and Plans. Floodplain development permits based on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, structure floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this ordinance, prior to the use or occupancy of any structure.

      D.   Establishment of Zoning (Overlay) Districts. The floodplain areas within the jurisdiction of this ordinance are hereby divided into the following districts:

         i.   Floodway (Overlay) District (FW) – those areas identified as Floodway on the Official Floodplain Zoning Map;

         ii.   Floodway Fringe (Overlay) District (FF) – those areas identified as Zone AE on the Official Floodplain Zoning Map but excluding those areas identified as Floodway; and

         iii.   General Floodplain (Overlay) District (GF) – those areas identified as Zone A on the Official Floodplain Zoning Map.

      The boundaries shall be as shown on the Official Floodplain Zoning Map. Within these district, all uses not allowed as permitted uses are prohibited unless a variance to the terms of this ordinance is granted after due consideration by the Board of Adjustment.

      E.   Floodway (Overlay) District (FW).

         i.   Permitted Uses. All development within the Floodway District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway District.

         ii.   Performance Standards. All Floodway District uses allowed as a permitted use shall meet the following standards:

            a.   No development shall be permitted in the Floodway District that would result in any increase in the base flood elevation. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.

            b.   All development within the Floodway District shall:

               (i)   Be consistent with the need to minimize flood damage.

               (ii)   Use construction methods and practices that will minimize flood damage.

               (iii)   Use construction materials and utility equipment that are resistant to flood damage.

            c.   No development shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or any other drainage facility or system.

            d.   Structures, buildings, recreational vehicles, and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows.

            e.   Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation.

            f.   Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning.

            g.   Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources.

            h.   Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.

            i.   Pipeline river or stream crossing shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows.

      F.   Floodway Fringe (Overlay) District FF.

         i.   Permitted Uses. All development within the Floodway Fringe District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe District.

         ii.   Performance Standards. All development must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Until a regulatory floodway is designated, no development may increase the base flood elevation more than one (1) foot. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.

            a.   All development shall:

               (i)   Be designed and adequately anchored to prevent flotation, collapse or lateral movement.

               (ii)   Use construction methods and practices that will minimize flood damage.

               (iii)   Use construction materials and utility equipment that are resistant to flood damage.

            b.   Residential Structures. All new or substantially improved residential structure shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the base flood elevation. Construction shall be upon compacted fill which shall, at all points, be no lower than 1.0 ft. above the base flood elevation and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers or extended foundation) may be allowed where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding.

            All new residential structures located in areas that would become isolated due to flooding of surrounding ground shall be provided with a means of access that will be passable by wheeled vehicle during the base flood. However, this criterion shall not apply where the Administrator determines there is sufficient flood warning time for the protection of life and property. When estimating flood warning time, consideration shall be given to the criteria listed in 567-75.2(3), Iowa Administrative Code.

            c.   Non-Residential Structures. All new or substantially improved non-residential structures shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the base flood elevation, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood; and that the structure, below the base flood elevation is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the Administrator.

            d.   All New and Substantially Improved Structures.

               (i)   Fully enclosed areas below the “lowest floor” (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria:

                  a.   A minimum of two (2) openings, with positioning on at least two (2) walls, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

                  b.   The bottom of all openings shall be no higher than one foot above grade.

                  c.   Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

               Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.

               (ii)   New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

               (iii)   New and substantially improved structures shall be constructed with electric meter, electrical service panel box, hot water heater, heating, air conditioning, ventilation equipment (including ductwork), and other similar machinery and equipment elevated (or in the case on non-residential structures, optionally floodproofed to) a minimum of one (1) foot above the base flood elevation.

               (iv)   New and substantially improved structures shall be constructed with plumbing, gas lines, water/gas meters and other similar service utilities either elevated (or in the case of non-residential structures, optionally floodproofed to) a minimum of one (1) foot above the base flood elevation or designed to be watertight and withstand inundation to such a level.

            e.   Factory-Built Homes.

               (i)   All new and substantially improved factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one (1) foot above the base flood elevation.

               (ii)   All new and substantially improved factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse, or lateral movement. Anchorage systems may include but are not limited to, use of over-the-top or frame ties to ground anchors as required by the State Building Code.

            f.   Utility and Sanitary Systems.

               (i)   On-site wastewater disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.

               (ii)   All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one (1) foot above the base flood elevation.

               (iii)   New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one (1) foot above the base flood elevation.

               (iv)   Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems.

            g.   Storage of Materials and Equipment. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot above the base flood elevation. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (ii) be readily removable from the area within the time available after flood warning.

            h.   Flood Control Structural Works. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from the base flood with a minimum of 3 ft. of design freeboard and shall provide for adequate interior drainage. In addition, the Department of Natural Resources shall approve structural flood control works.

            i.   Watercourse Alterations or Relocations. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, the Department of Natural Resources must approve such alterations or relocations.

            j.   Subdivisions. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivisions proposals (including the installation of public utilities) shall meet the applicable performance standards of this ordinance. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the base flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include base flood elevation data for those areas located within the Floodway Fringe (Overlay) District.

            k.   Accessory Structures to Residential Uses.

               (i)   Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria area satisfied:

                  a.   The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 sq. ft. in size. Those portions of the structure located less than 1 foot above the base flood elevation must be constructed of flood-resistant materials.

                  b.   The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited storage. The structure shall not be used for human habitation.

                  c.   The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.

                  d.   The structure shall be firmly anchored to prevent flotation, collapse, and lateral movement which may result in damage to other structures.

                  e.   The structure’s service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the base flood elevation.

                  f.   The structure’s walls shall include openings that satisfy the provisions of 165.06.20(F)(2)(d)(i) of this ordinance.

               (ii)   Exemption from the base flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.

            l.   Recreational Vehicles.

               (i)   Recreational vehicles are exempt from the requirements of 165.06.20(F)(2)(e) of this ordinance regarding anchoring and elevation of factory-built homes when the following criteria are satisfied:

                  a.   The recreational vehicle shall be located on the site for less than 180 consecutive days, and,

                  b.   The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

                  c.   Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of (165.06.20(F)(2)(e) of this ordinance regarding anchoring and elevation of factory-built homes.

            m.   Pipeline River and Stream Crossings. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering.

            n.   Maximum Damage Potential Development. All new or substantially improved maximum damage potential development shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 0.2% annual chance flood; and that the structure, below the 0.2% annual chance flood elevation is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum 1988) to which any structures are floodproofed shall be maintained by the Administrator. Where 0.2% chance flood elevation data has not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determinations.

      G.   General Floodplain (Overlay) District (GF).

         i.   Permitted Uses.

            a.   All development within the General Floodplain District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet the applicable performance standards of the General Floodplain District.

            b.   Any development which involves placement of structures, factory-built homes, fill or other obstructions, storage of materials or equipment, excavation or alteration of a watercourse shall be reviewed by the Department of Natural Resources to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the base flood elevation. The applicant shall be responsible for providing the Department of Natural Resources with sufficient technical information to make the determination.

            c.   Review by the Iowa Department of Natural Resources is not required for the proposed construction of new or replacement bridges or culverts where:

               (i)   The bridge or culvert is located on a stream that drains less than two (2) square miles, and

               (ii)   The bridge or culvert is not associated with a channel modification that constitutes a channel change as specified in 567-71.2(2), Iowa Administrative Code.

         ii.   Performance Standards.

            a.   All development, or portions thereof, to be located in the floodway as determined by the Department of Natural Resources shall meet the applicable provisions and standards of the Floodway (Overlay) District (165.06.20(E)).

            b.   All development, or portions thereof, to be located in the floodway fringe as determined by the Department of Natural Resources shall meet the applicable provisions and standards of the Floodway Fringe (Overlay) District (165.06.20(F)).

      H.   Appointment and Duties of Board of Adjustment.

         i.   Appointment and Duties of Board of Adjustment. A Board of Adjustment is hereby established which shall hear and decide (i) appeals and (ii) requests for variances to the provisions of this ordinance, and shall take any other action which is required of the board.

         ii.   Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from whom the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the documents constituting the record upon which the action appealed from was taken.

         iii.   Variance. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this ordinance that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship. Variances granted must meet the following applicable standards:

            a.   Variances shall only be granted upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances.

            b.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.

            c.   Variance shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

            d.   In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this ordinance, the applicant shall be notified in writing over the signature of the Administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction increases risks to life and property.

            e.   All variances granted shall have the concurrence or approval of the Department of Natural Resources.

         iv.   Hearing and Decisions of the Board of Adjustment.

            a.   Hearings. Upon the filing with the Board of Adjustment of an appeal or a request for a variance, the board shall hold a public hearing. The board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.

            b.   Decisions. The board shall arrive at a decision on an appeal or variance within a reasonable time. In passing upon an appeal, the board may, so long as such action is in conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a variance, the board shall consider such factors as contained in this section and all other relevant sections of this ordinance and may prescribe such conditions as contained in 165.06.20(4)(b)(ii).

               (i)   Factors Upon Which the Decision of the Board of Adjustment Shall be Based. In passing upon applications for variances, the board shall consider all relevant factors specified in other sections of this ordinance and:

                  a.   The danger to life and property due to increased flood heights or velocities caused by encroachments.

                  b.   The danger that materials may be swept on to other land or downstream to the injury of others.

                  c.   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

                  d.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

                  e.   The importance of the services provided by the proposed facility to the City.

                  f.   The requirements of the facility for a floodplain location.

                  g.   The availability of alternative locations not subject to flooding for the proposed use.

                  h.   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

                  i.   The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

                  j.   The safety of access to the property in times of flood for ordinary and emergency vehicles.

                  k.   The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site.

                  l.   The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges.

                  m.   Such other factors which are relevant to the purpose of this ordinance.

               (ii)   Conditions Attached to Variances. Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this ordinance. Such conditions may include, but not necessarily be limited to:

                  a.   Modification of waste disposal and water supply facilities.

                  b.   Limitation of periods of use and operation.

                  c.   Imposition of operational controls, sureties, and deed restrictions.

                  d.   Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this ordinance.

                  e.   Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

         v.   Appeals to the Court. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filling of the decision in the office of the board.

      I.   Nonconforming Uses.

         i.   A structure or the use of a structure or premises which was lawful before the passage or amendment of this ordinance, but which is not in conformity with the provisions of this ordinance, may be continued subject to the following conditions:

            a.   If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to this ordinance.

            b.   Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

            c.   If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this ordinance. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.

            d.   Except as provided in 165.06.20(J)(1)(b), any use which has been permitted as a variance shall be considered a conforming use.

      J.   Penalties for Violation. Violations of the provisions of this ordinance or failure to comply with any of the requirements (including violations of conditions and safeguards established in connection with grants of variances) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $(500.00 (five hundred dollars) or imprisoned for not more than (30 (thirty) days. Each day such violation continues shall be considered a separate offense. Nothing herein contained prevent the City of Dyersville from taking such other lawful action as is necessary to prevent or remedy violation.

      K.   Amendments. The regulations and standards set forth in this ordinance may from time to time be amended, supplemented, changed, or repealed. No amendment, supplement, change, or modification shall be undertaken without prior approval of the Department of Natural Resources.

   165.06.21.   Development Exceptions. The regulations specified in this Zoning Ordinance are subject to the following exceptions and interpretations.

      A.   Use of Existing Lots of Records. In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official records as of the effective date of this Zoning Ordinance irrespective of its area or width; provided, however:

         i.   Each side yard width of any such lot shall not be less than ten percent (10%) of the width of the lot, and in no case less than five (5) feet.

         ii.   The depth of the rear yard of any such lot shall be not less than twenty percent (20%) of the depth of the lot, but in no case less than twenty-five (25) feet.

      B.   Structures Permitted Above Height Limit. The building height limitations of this Zoning Ordinance shall be modified as follows:

         i.   Chimneys, fire towers, monuments, water towers, ornamental towers and spirals, radio or television towers, flag poles, solar arrays subject to Subsubsection 165.09.09.C, SES (Solar Energy System), or necessary mechanical appurtenances may be erected to a height in excess of the height regulations shown for a particular district, as approved by the Administrator.

         ii.   Public, semipublic, or public service buildings, hospitals, or schools, when permitted in a district, may be erected to a height in excess of the height allowed in the district, provided that the building is set back from each property line at least one foot for each foot of additional building height above the height limit in the district.

         iii.   In the I-2 district, the height of all structures can be increased subject to a one (1) foot increase in the minimum yard setback per one (1) foot increase in height.

      C.   Area Requirements. In any district where public or central water supply or public sanitary sewer is more than 250 feet from any property line, the lot area requirements are one acre, exclusive of rights-of-way, and lot width at the building line shall be a minimum of 100 feet.

      D.   Yard Encroachments. Every part of a required yard shall be open and unobstructed from finished grade upward, except as specified herein.

         i.   Architectural projections, including roofs that cover porches, enclosed porches, window sills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project two (2) feet into a required yard.

         ii.   Terraces, patios, uncovered decks, and ornamental features that have no structural element more than three (3) feet above or below the adjacent ground level may project six (6) feet into a required front yard. However, all such projections must be set back at least three (3) feet from an adjacent side lot line; or 15 feet from any street property line.

         iii.   Fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of three (3) feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.

         iv.   For buildings constructed upon a front property line, a cornice may project into public right-of-way, unless such property is constructed on a State or Federal Highway. Maximum projection is the smaller of four (4) feet or five percent (5%) of the right-of-way width.

         v.   In commercial districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five (5) feet from the front property line, covers less than fifteen percent (15%) of the area of the required front yard, and has a vertical clearance of at least eight (8) feet.

         vi.   Lamp posts with a maximum height of ten (10) feet, and flag poles up to maximum height of base district may be located within required yards, provided they are set back at least five (5) feet from property lines. The spread of a flag when fully extended shall not extend onto public right-of-way.

      E.   Double Frontage Lots. Buildings on through lots and extending through from street to street shall provide the required front yard on both streets.

      F.   Exceptions to Prohibited Uses.

         i.   The Board of Adjustment may, by conditional use permit after public hearing, authorize the location of any of the following buildings or uses in any district from which they are prohibited by this section:

            a.   Any public building erected and used by any department of the City, County, State, or federal government;

            b.   Airport or landing field;

            c.   Community building or recreation field;

            d.   Country clubs or golf courses;

            e.   Public and private cemeteries.

         ii.   Before issuance of any conditional use permit for any of the above buildings or uses, the Board shall refer the proposed application to the Commission, which shall make a report within thirty (30) days regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the general welfare. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Commission has been filed indicating compliance of the use with the Comprehensive Plan.

      G.   Utilities and Railroads. Existing utilities and railroads may continue to be operated and maintained in residential and commercial districts, but no new utility or railroad structure other than the usual poles, wires, and underground utilities, shall be established in such districts, except when so authorized by the Board of Adjustment.