Business district regulations govern the development and use of the full range of business and commercial establishments needed to provide service to the citizens of the city and its trading area. The various business district regulations provide for the grouping of compatible business and commercial establishments in accordance with their functions and extent of services. (Ord. B-39, 1969)

   A.   All goods produced or serviced on the premises shall be sold or serviced at retail.

   B.   All business, servicing or processing shall be conducted within completely enclosed buildings, except for off street parking or loading, and establishments of the drive-in type.

   C.   All activities involving the production, processing, cleaning, servicing, testing or repair of materials, goods or products, shall conform with the performance standards established for the I-1 limited industrial district, provided that performance standards shall, in every case, be applied at the boundaries of the zoning lot on which such activity takes place.

   D.   Parking of trucks in the open, within one hundred fifty feet (150') of a residence district boundary line, shall be limited to vehicles of not over six thousand (6,000) pounds' empty weight. Trucks in excess of six thousand (6,000) pounds' empty weight used in conjunction with operation of any business permitted in this district shall not be parked in the open within one hundred fifty feet (150') of a residence district, except during normal business hours. (Ord. B-39, 1969)

   A.   The following retail business and service uses are permitted, provided they are operated entirely within a building, except for off street parking and loading facilities:

Air conditioning and heating sales and service.

Antique shops.

Art and school supply stores.

Art galleries and studios.

Bakery shops, including the baking and processing of food products, when prepared for retail use on the premises only.

Banks and financial institutions.

Barbershops, beauty parlors, chiropody, massage or similar personal service shops.

Book and stationery stores.

Camera and photographic supply shops for retail sales.

Candy and ice cream shops.

Carpet, rug and linoleum stores.

China and glassware stores.

Clubs and lodges (nonprofit), private, fraternal or religious institutions. It shall be permissible for a private club or lodge to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room, for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and county laws.

Coin and philatelic stores.

Coin operated amusement devices, as an accessory use.

Currency exchanges.

Custom dressmaking, millinery, tailoring or shoe repair shops, when conducted for retail sales on the premises only.

Department stores.

Drugstores.

Dry cleaning and laundry receiving establishments, processing to be done elsewhere.

Dry cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than seven hundred fifty (750) pounds of dry goods per day, and when using perchlorethylene or other similar nonflammable solvents approved by the fire department.

Dry cleaning establishments, coin operated, self-service.

Dry goods stores.

Dwellings provided that no dwelling units are located on the ground floor of the structure. Dwelling units on the ground floor at the time of passage hereof shall be deemed a legal nonconforming use.

Electrical appliance stores and repairs, but not including appliance assembly or manufacture.

Employment agencies.

Exterminating shops.

Florist shops and conservatories, for retail trade on the premises only.

Food, meat and fruit stores.

Frozen food stores and food lockers.

Furniture stores, and upholstery when conducted as a part of the retail operations and secondary to the main use.

Furrier shops, including accessory uses such as the storage and conditioning of furs.

Garages, public, for storage of private passenger automobiles and commercial vehicles under one and one- half (11/2) tons.

Garden supply and seed stores.

Gift shops.

Haberdasheries.

Hardware stores.

Hobby stores, for retailing of items to be assembled or used away from the premises.

Hotels and motels.

Household appliance stores and repair.

Interior decorating shops, including upholstery and making of draperies, slipcovers and other similar articles when conducted as a part of the retail operations and secondary to the main use.

Jewelry store, including watch repair shops.

Laboratories, medical and dental.

Laundries, automatic self-service type, or hand.

Leather goods and luggage stores.

Libraries.

Loan offices.

Locksmith shops.

Meeting halls.

Millinery shops.

Music stores, sheet music and phonograph record sales.

Musical instrument sales and repair, retail trade only.

Newspaper distribution agencies, for house delivery and retail trade.

Newsstand.

Office supply stores.

Offices, business and professional, including medical clinics and public.

Optician, optometrist.

Orthopedic and medical appliance stores, but not including assembly or manufacture of such articles.

Paint and wallpaper stores.

Parking lot, public for the storage of private passenger automobiles and commercial vehicles under one and one- half (11/2) tons.

Pet shops, but not including animal hospitals.

Photo developing and processing.

Photography studios, including development of film and pictures when done as a part of the retail business on the premises.

Physical culture and health services, gymnasiums, reducing salons, masseurs and public baths.

Picture framing, when conducted on the premises for retail trade.

Plumbing and heating, sales and shops for residential and commercial installations only.

Postal substations.

Public utility and public service uses, including: public art galleries and museums; public libraries; telephone exchanges; repeater stations; microwave relay towers and stations; mobile transmitting towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of public convenience and necessity; bus terminal or other public transportation terminal facilities and other similar uses.

Public utility collection offices.

Publishing establishments.

Radio and television service and repair shops.

Recording studios.

Restaurants, tearooms or cafes, provided no dancing or entertainment.

Savings and loan associations.

Sewing machine sales and service, household machines only.

Shoe and hat stores, and repairing when done as a part of the retail business.

Signs, as regulated by chapter 18 of this title.

Sporting goods stores.

Telegraph offices.

Telephone booths, public.

Theaters, indoor.

Tobacco shops.

Toy stores.

Transient merchandising.

Travel bureau and transportation ticket offices.

Typewriter and adding machine sales and services.

Variety stores.

Wearing apparel shops.

Accessory uses, including off street parking and loading facilities, as permitted or required in accordance with the provisions of chapter 19 of this title.

   B.   The following uses are also permitted except in the area bordered by 6th Street on the east, 10th Street on the west, the alley between Avenues G and F on the north, and Avenue H on the south:

Churches, rectories, seminaries, convents, monasteries, and similar religious institutions, including dormitories and other accessory uses required for operation, provided the yard areas and lot coverage comply with those required in the R-4 one-family dwelling district.

Home occupations.

One-family detached dwellings, provided the yard areas and lot coverage comply with those required in the R-4 one-family dwelling district.

Two-family dwellings, provided the yard areas and lot coverage comply with those required in the R-5 two-family dwelling district.

Permitted accessory uses, provided the yard areas and lot coverage comply with those required in the R-4 one-family dwelling district. (Ord. B-39, 1969; amd. Ord. B-66, 7-21-1970; Ord. B-380, 8-17-1982; Ord. C-099, 11-19-1991; Ord. C-243, 7-5-1995; Ord. C-250, 11-21-1995; Ord. C-252, 12-5-1995; Ord. C-353, 11-5-2001; Ord. C-419, 5-17-2005; Ord. C-492, 7-20-2010; Ord. D-56, 11-4-2019; Ord. D-58, 1-7-2020)

   A.   The following uses may be allowed by special use permit in accordance with the provisions of chapter 22 of this title:

Other retail business uses not specifically listed above when found to have economic compatibility with established uses on adjoining property.

Auditorium, stadium, arena, armory, gymnasium and other similar places of public events.

Automobile laundry (automatic and self-service) facilities.

Coin operated amusement device establishments as a principal use.

Daycare centers or day nurseries.

Dwellings located on the ground floor provided that the street frontage facing the avenue right of way must remain entirely used for commercial use to a depth of fifty percent (50%) of the depth of the building and all dwellings on the ground floor must be designed to be ADA compliant at the time of development.

Establishments licensed for the on premises consumption of beer and liquor, however, such businesses in existence prior to July 1, 1994, are exempt and will not be required to obtain a special use permit.

Planned business developments.

Police and fire stations.

Radio and television broadcasting stations.

Vehicle sales and service. (Ord. B-39, 1969; amd. Ord. B-330, 10-7-1980; Ord. B-380, 8-17-1982; Ord. C-215, 9-6-1994; Ord. C-244, 7-5-1995; Ord. C-353, 11-5-2001; Ord. C-477, 1-20-2009; Ord. C-509, 2-7-2012)

   B.   The following special uses may be allowed by special use permit in accordance with the provisions of chapter 22 of this title, except in the area bordered by 6th Street on the east, 10th Street on the west, the alley between Avenues G and F on the north, and Avenue H on the south: (Ord. C-492, 7-20-2010)

Apartment houses, row houses and similar multiple-family dwellings, provided the yard areas and lot coverage comply with those required in the R-6 multiple-family dwelling district.

Boarding or rooming houses, provided the yard areas and lot coverage comply with those required in the R-6 multiple-family dwelling district.

Lodging rooms, provided the yard areas and lot coverage comply with those required in the R-6 multiple-family dwelling district. (Ord. C-250, 11-21-1995)

All uses permitted in this district except residential district uses, shall be retail establishment dealing directly with consumers and shall be subject to the following conditions: (Ord. B-39, 1969)

   A.   (Rep. by Ord. C-157, 4-28-1993)

   B.   Establishments of the drive-in type offering goods or service directly to customers waiting in parked motor vehicles, are not permitted except for drive-in banks.

   C.   There shall be no manufacture, processing or treatment of products other than those which are clearly incidental and essential to the retail business conducted on the premises.

   D.   Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibrations or other similar causes.

   E.   Any exterior sign displayed shall pertain only to a use conducted within the building. (Ord. B-39, 1969)

No building or structure shall be erected or structurally altered to exceed a height of three (3) stories, nor shall it exceed forty five feet (45') except as provided herein. (Ord. B-39, 1969)

   A.   Transitional Yards: Where a B-1 district adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

      1.   When lots in a B-1 district front on the street and at least eighty percent (80%) of the frontage directly across the street between two (2) consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to the said lot in the business district.

      2.   In a B-1 district, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required herein for a residential use on the adjacent property in a residential district.

      3.   In a B-1 district, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required herein for a residential use on the adjacent property in the residential district.

      4.   In a B-1 district, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required herein on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least twenty five feet (25'), including the width of any intervening alley, from the lot in the residential district.

Transitional yards shall be unobstructed from lowest level to sky.

   B.   Side Yards: If an interior side yard is provided, it shall be not less than ten feet (10') wide.

   C.   Rear Yard: A rear yard of not less than twenty feet (20') in depth. (Ord. B-39, 1969)

   D.   Exception: In the case of an enlargement of an already existing building the front and rear yards of the enlarged building need not exceed the front and rear yards as already exists with respect to the existing building. (Ord. B-80, 2-16-1971)

The erection, construction, alteration and location of signs, other advertising structures, marquees and awnings shall be in conformity with the provisions of chapter 18 of this title. (Ord. B-39, 1969)

Off street parking and loading facilities shall be provided as permitted or required in chapter 19 of this title. (Ord. B-39, 1969)

   A.   Sidewalk Cafe License: No person or entity shall operate a restaurant which provides outdoor seating on public property for the purpose of serving food or beverages without a valid sidewalk cafe license. Sidewalk cafes are permitted in the public right of way only in the B-1 (downtown) zoning district.

      1.   Application For License: A sidewalk cafe license shall be granted only to the operator of a restaurant that is in conformance with the city of Fort Madison zoning ordinance. An application for a sidewalk cafe license shall be on a form provided by the city clerk. The application shall require the following information:

         a.   Name, mailing address, phone number and e-mail address of the applicant and the owner.

         b.   A detailed drawing to scale of the proposed site indicating the following: the building facade location and the width of the sidewalk from the building facade to the curb; the location and dimensions of the proposed sidewalk cafe area, the points of ingress and egress, the proposed location of the tables, chairs, fencing, serving equipment, planters, borders, awnings, umbrellas, or other facilities to be included in the outdoor seating area. The drawings must also include the location of existing improvements and features on the public property, including, but not limited to, fire hydrants, valves, manholes, street signs, curbs (including the distance from the top of curb to the abutting street), streetlights, traffic signals, trees, benches, fire escapes or other overhead obstructions and the proposed clear width of the public walking area that will remain after the establishment of the outdoor seating area.

         c.   A schedule of business hours and a schedule of outside dining open hours.

      2.   Application Fee: The original application fee shall be one hundred dollars ($100.00), with an annual yearly renewal fee of fifty dollars ($50.00). The original application fee must be submitted with the application.

      3.   Insurance: All applications, original and renewals, shall require the operator to provide a certificate of insurance covering the entire outdoor area and naming the city as an additional named insured in the minimum amount of five hundred thousand dollars ($500,000.00) per occurrence with a one million dollar ($1,000,000.00) annual aggregate. The operator shall, by signing the application, agree to indemnify the city and to hold the city harmless against any and all liability arising from or relating to the operation of the sidewalk cafe, or the location of the cafe on the public right of way, including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through the cafe.

   B.   Application Approval: The zoning director, or designee, shall grant the application within thirty (30) days of the application being filed, provided the application is in compliance with all applicable requirements of this code.

   C.   Operation Of Sidewalk Cafe:

      1.   The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws, rules, and regulations.

      2.   Outdoor keeping or storage of food or beverages shall be permitted during business hours only. All furnishings associated with keeping or storage of food or beverages shall be stored indoors except when in use. No open keeping or storage of dishes, utensils or food scraps shall be permitted. All disposal of trash must occur in the adjacent business premises and not in the outdoor area.

      3.   Operation of sidewalk cafes shall be permitted only:

         a.   Between April 1 and November 15;

         b.   Between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.;

         c.   Sidewalk cafes shall be open at least fifty percent (50%) of the total weekly business hours from May 1 to October 15;

         d.   When the restaurant kitchen is open.

      4.   All furnishings, including, but not limited to, fencing, tables, chairs, planters, umbrellas and signage, must be completely removed from public right of way when outdoor dining is not in seasonal operation.

      5.   Furnishings must be substantially weighted so as to prevent accidental relocation due to weather. Insufficient weighting shall be grounds for license revocation.

      6.   Smoking is prohibited in the area governed by this license, and licensee shall place a "No Smoking" sign that complies with Iowa Code 142D.6 at the front entrance of the sidewalk cafe area.

      7.   Amplified sound equipment shall not be permitted.

      8.   The sale and consumption of alcoholic beverages in the outdoor seating area shall be restricted by the liquor license governing the restaurant. No alcoholic beverages may be removed from the outdoor seating area, except to the interior of the restaurant. An employee shall monitor the area at all times during the hours alcohol is consumed and shall dispense any alcoholic beverages in compliance with state and local laws.

      9.   For all sidewalk cafe areas, fencing is required. Fencing design shall be approved by the city. Fencing shall be not less than thirty inches (30") nor more than forty two inches (42") in height. Areas serving alcohol must be adjoining the building with the passable portion of the sidewalk on the street side of the dining area.

         a.   Design approval shall be at the discretion of the zoning director or designee, after soliciting input from the zoning commission and Fort Madison Main Street and city staff.

      10.   The use of public sidewalks or right of way for a sidewalk cafe shall be permitted only when incidental to the operation of a restaurant on private contiguous property and only along the frontage of said restaurant.

      11.   Sidewalk cafes must be adjacent to the building.

      12.   The operation of a sidewalk cafe shall not interfere with the passage of pedestrians or reduce the open passable portion of the public sidewalk to less than five feet (5') clear of all obstructions.

         a.   Exceptions: Passable portion of the sidewalk may be reduced to four feet (4') if:

            (1)   The total sidewalk width is less than ten feet (10'), and

            (2)   The overall length of the reduced sidewalk shall not exceed twenty five feet (25') in any fifty foot (50') distance.

      13.   In no event shall the placement of furnishings or the operation of the sidewalk cafe obstruct access to any crosswalk, curb cut, fire hydrant, fire escape or fire door, ingress and egress of the business, manhole, valve or obstruct the clear view of any traffic signal, regulatory sign or street sign. Parking spaces may be utilized for a sidewalk cafe only if expressly permitted by the city council.

      14.   The licensee shall be responsible for the maintenance and upkeep of the public right of way used for the sidewalk cafe and the replacement of damaged public property.

      15.   When notified by the city to do so, the licensee shall promptly remove all furnishings and obstructions from the public right of way to accommodate special events permitted by the city or to accommodate city repair or maintenance as needed.

      16.   No special sales on alcoholic beverages specific only to the outdoor seating area are allowed in the sidewalk cafe.

      17.   All licensed features of the sidewalk cafe must be removed no later than November 21 of each year through and including March 31 of the succeeding year.

   D.   Public Right Of Way Agreement; Appeals: No licensed sidewalk cafe may be operated without the execution of an agreement with the city clerk. Said agreement will allow use of the public right of way for the exclusive purposes of the license, and no property right is to be conferred by this agreement.

      1.   If the application is granted, the city clerk is authorized to enter into a public right of way agreement that incorporates some of the information/terms of this application.

      2.   If the application is denied, the applicant may appeal to the board of adjustment and appeals by filing a written appeal with the board of adjustment. Appeals shall be filed in accordance with subsection 10-20-5E of this title.

   E.   License Renewal: Each sidewalk cafe license shall be valid for a term not to exceed eight (8) months, beginning on March 21 and ending on November 21 and may be renewed annually thereafter. A renewal application shall provide all the same information as an original application, but copies of the previous year's site plan may be used if there are no changes from the last submission.

   F.   License Revocation: Sidewalk cafe licenses may be suspended or revoked by the city clerk for any violation of the license requirements as described herein. Grounds for termination of the agreement shall include, but not be limited to, repeated violations of the state and local liquor control laws, violations of the agreement, and creating a safety hazard, health hazard and/or public nuisance under state or local law. Additionally, the agreement may be terminated if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The owner has the right to appeal a decision to terminate the agreement to the board of adjustment and appeals. (Ord. D-30, 4-5-2016)