Elk Horn City Zoning Code

Nothing contained in these regulations shall be deemed to be a consent, license or permit to use any property or to locate, construct, or maintain any structure or facility or to carry on any trade, industry, occupation, or activity.

Effective on: 1/1/1901

All departments, officials, and employees of the City who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of these regulations and shall issue no permit or license for a use, building, or purpose where the same would be in conflict with the provisions contained herein.

Effective on: 1/1/1901

Any proposed use not covered in this Ordinance as a permitted use or conditional use shall be referred to the Commission for a recommendation as to the proper district in which such use should be permitted and the Ordinance amended as provided in ARTICLE XXII before a permit is issued for such proposed use.

Effective on: 1/1/1901

No building or structure shall be constructed, altered, or moved, nor shall the use of land be changed except after issuance of a permit for the same by the Building Official. It shall be the responsibility of the general contractor and/or owner to obtain and post the building permit. The Building Official and City police department shall have enforcement powers to include the issuance of citations.

Effective on: 1/1/1901

No portion of the public road, street or alley right-of-way shall be used, or occupied by an abutting use of land or structures for storage or display purposes, or to provide any parking or loading space required by this Ordinance, or for any other purpose that would obstruct the use or maintenance of the public right-of-way.

Effective on: 1/1/1901

Should any article or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

Effective on: 1/1/1901

There are certain uses which are considered acceptable when found in any residential zone when developed according to space limits proper for a particular zone. The following uses are permitted in all residential areas subject to further restrictions or liberalization’s which are imposed by a specific zone.

1. 3.7.1
   Principal Permitted Uses: The following principal permitted uses:

   1. A.
      Off-street parking shall be provided for all uses established in the residential zones.
   2. B.
      Only one building for living purposes shall be permitted on a zoning lot, except as otherwise provided herein.
   3. C.
      Single-family dwellings including manufactured homes subject to the following standards:

      1. a.
         For all building permits issued after the effective date of this ordinance, the principal structure shall have a floor area of not less than seven hundred twenty square feet (720’); and a minimum width for any building elevation of not less than twenty feet (25’).
      2. b.
         All principal structures shall be roofed in the gable or hip styles and shall include an overhang of at least twelve inches (12”).
      3. c.
         All principal structures shall be sided with material other than flat or corrugated sheet metal.
      4. d.
         All principal structures shall be placed on a permanent foundation system that is provided for by Code, or is recommended by the manufacturer, and which make a dwelling permanently attached to the site.
   4. D.
      Public, parochial and private schools and colleges offering courses of general instruction when located on sites of at least five (5) acres, structures when located on the same site as the school or college.
   5. E.
      Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature when located in a substantial structure.
   6. F.
      Crop and tree farming but not including the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.
   7. G.
      Parks and recreation areas operated by the City or other political subdivision.
   8. H.
      Public and quasi-public buildings for cultural use.
   9. I.
      Country clubs as defined herein.
   10. J.
       Family homes as defined in ARTICLE II.
2. 3.7.2
   Permitted Accessory Uses. The following accessory uses, are permitted in all residential zones subject to further restriction or liberalization’s which are imposed by a specific zone.

   1. A.
      Private garages and private parking areas.
   2. B.
      Private swimming pools exclusively for the use of residents of the premises and their non-paying guests and subject to any other regulations or ordinances of the City.
   3. C.
      The parking of one unoccupied trailer or self-propelled camper designed for recreational use and not to exceed twenty-four (24) feet in length within a building, or in a rear yard but subject to any permits required by law or ordinance.
   4. D.
      The storage of one pleasure boat on a trailer within a building, or in the open in the rear yard.
   5. E.
      Signs not to exceed six (6) square feet in area identifying the premises and occupant, but not including advertising matter. Public, parochial, private schools and colleges, children’s homes, churches, synagogues, chapels, and public and quasi-public buildings for cultural use, may have identification signs not to exceed twelve (12) square feet in area.
   6. F.
      Real estate lease or sales signs not over six (6) square feet in area and relating to the property on which the sign is located.
   7. G.
      Subdivision signs in subdivisions recorded after passage of these regulations which are non-illuminated and which contain information pertaining only to the subdivision, for a period of four (4) years following the filing date or until seventy- five (75) percent of the lots have been sold, whichever occurs first, at which time the signs shall be removed. Subdivision signs shall be subject to the space limits of the zone in which located and shall not be closer than seventy-five (75) feet from property owned by other than the developer. The size of the sign shall not be greater than the following:

1.  
   8. viii.
      Other accessory uses and structures customarily appurtenant to a permitted use.

3. 3.7.3
   Conditional Uses. The following uses are conditionally permitted in all residential zones.

   1. i.
      Utility substations when located according to the yard space rules set forth for dwellings and having a landscaped masonry barrier on all sides, and after a showing before the board that technical considerations necessary to the functioning of said utility requires the location of the facility in a residential zone. Structures shall conform with all space limits of the zone in which located and shall have an exterior design in harmony with nearby properties.
   2. ii.
      Railroad through and spur tracks, but no sidings or other terminal type facilities and no service, repair, or administrative facilities, and after a showing before the board that such facilities are necessary in the location proposed.
   3. iii.
      The establishment and continuance of a bed and breakfast home shall be subject to the following requirements:

      1. a.
         Smoke detectors shall be operable in every room occupied by the public, as well as in all corridors of the areas of the structure utilized by the public. A centralized fire alarm system may be substituted for the aforementioned smoke detectors.
      2. b.
         In the event the bed and breakfast home provides facilities for the public on the second or higher level of the structure, one of the following shall be provided as an area of refuge or secondary egress on each level. There shall be a sign in each room occupied by the public denoting the emergency escape route and the area of refuge or secondary egress provided.

         1. 1)
            One or more balcony areas.
         2. 2)
            A fire ladder to the ground level.
         3. 3)
            A fire escape to the ground level.
         4. 4)
            An interior secondary stairway to the main floor of the structure. Said secondary stairway should be remote from the location of the primary stairway.
4. 3.7.4
   Space Limits. When two (2) or more lots in any block are occupied by buildings which existed on the effective day of these regulations, the average front yard depth of such lots shall be the established building line, provided it be equal to or greater than the minimum front yard required for the respective residential zone.

Effective on: 1/1/1901

The following provisions shall be observed in all zoning districts:

1. 3.8.1
   Simulation of Official, Directional or Warning Signs. No advertisement, advertising structure, billboard or other object shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the City or by the State of Iowa.
2. 3.8.2
   Obstruction of Vision of Intersection. No sign or advertising device shall be erected or maintained at the intersection of streets in such a manner as to obstruct free and clear visions of the intersection.
3. 3.8.3
   Signs and Traffic Signals and Other Devices. No neon sign or other illuminated advertisement shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.
4. 3.8.4
   Flood Lights. Flood lights at ground level or located within twelve (12) feet of ground level shall be so located and shielded as to prevent any glare or blinding effect upon any lane of moving traffic.
5. 3.8.5
   Size of Independent Signs. For each business establishment any sign which is separate, independent, and not an integral part of the building shall not exceed twenty-four (24) square feet in area.
6. 3.8.6
   Signs Permitted in Zoning Districts. In the C - 1, C - 2, M - 1, and M - 2 zones, any advertising sign or poster board which conforms to the ordinance requirements of the City will be permitted.

Effective on: 1/1/1901