The development and enactment of a zoning ordinance is based upon the division of the city into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are mutually compatible. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into three (3) categories:

   A.   Uses either publicly operated or operated by publicly regulated utilities or uses traditionally affected by public interest.

   B.   Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

   C.   Nonconforming uses which, as special uses, can be made more compatible with their surroundings. (Ord. B-39, 1969)

Any person owning or having an interest in the subject property may file an application to use such land for one (1) or more of the special uses provided for herein in the zoning district in which the land is situated. (Ord. B-39, 1969)

An application for a special use shall be filed with the zoning administrator upon such form and accompanied by such information as shall be established from time to time by the planning and zoning commission. The zoning administrator shall forward to the board of adjustment and appeals without delay a copy of each special use permit proposed for authorization of a special use. (Ord. D-39, 1-17-2017)

(Ord. D-39, 1-17-2017)

Upon receipt in proper form of the application with the accompanied information as referred to above, the board of adjustment and appeals shall hold at least one (1) public hearing. Notice of the time shall be given by one (1) publication in a newspaper of general circulation in the city, at least fifteen (15) days before the date of hearing. (Ord. B-39, 1969; amd. Ord. D-39, 1-17-2017)

Special uses shall be authorized by special use permit granted by the board of adjustment and appeals in the same manner and for the same purposes as variances. (Ord. B-39, 1969; amd. 1993 Code; Ord. D-39, 1-17-2017)

No special use shall be approved by the board of adjustment and appeals unless said board shall find that: (Ord. D-39, 1-17-2017)

   A.   The establishment, maintenance or operation of the special use, will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

   B.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

   C.   The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

   D.   Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;

   E.   Adequate measures have been or will be taken to provide ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access, in case of fire or catastrophe;

   F.   The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulatory measures as may, in each instance, be modified by the city council pursuant to the recommendations of the planning and zoning commission; (Ord. B-39, 1969; amd. Ord. C-059, 8-21-1990; 1993 Code)

   G.   The board of adjustment and appeals may in granting such special use permit for the sale of alcoholic and/or beer beverages at retail, establish the location within the premises for sale and consumption and the total area of such facilities. (Ord. B-39, 1969; amd. Ord. C-059, 8-21-1990; 1993 Code; Ord. D-39, 1-17-2017)

The board may provide such conditions or restrictions upon the construction, location and operation of a special use, including, but not limited to, provisions for the protection of adjacent property, the expiration of said special use after a specified period of time, off street parking and loading as shall be deemed necessary to secure the general objectives of this title and to reduce injury to the value of property in the neighborhood. (Ord. B-39, 1969; amd. Ord. D-39, 1-17-2017)

   A.   A special use for a cottage business may be granted for a specified length of time or may be granted indefinitely upon application, hearing and authorization by the board of adjustment and appeals as long as the owner and operator of the business remains unchanged. As with all special uses, the board may review the validity of the special use at any time in the future if concerns arise or it is found to no longer conform to the code or conditions placed on said special use permit. (Ord. D-39, 1-17-2017)

Planned developments, as defined in chapter 2 of this title, are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby set out to govern the recommendations of the planning and zoning commission and approval of the board of adjustment and appeals.

   A.   Use Exceptions: In the case of residential, business or manufacturing planned developments, the planning and zoning commission may authorize that there be in part of the area of such development and for the duration of such development, specified uses not permitted by the use regulations of the district in which said development is located, provided the commission shall find:

      1.   That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;

      2.   That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;

      3.   That not more than twenty percent (20%) of the ground area of such development shall be devoted to the uses permitted by said exception; and

      4.   That in an industrial planned development, such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located, as set forth in this title.

   B.   Bulk Regulations: In the case of any planned development, the commission may recommend and the board of adjustment and appeals may authorize exceptions to the applicable bulk regulations of this title within the boundaries of such development, provided that the commission shall find:

      1.   That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as of neighboring properties than would obtain under the bulk regulations of this title for buildings developed on separate zoning lots;

      2.   That the minimum lot area per dwelling unit requirement of this title shall be adhered to in any such development containing residential uses, and that there shall be available to each residential building and immediately adjacent thereto (including the land area upon which it is erected) the minimum amount of land area required for such buildings under the lot area per dwelling unit provisions of this title;

      3.   That spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this title on separate zoning lots, due consideration being given to the openness normally afforded by intervening streets and alleys; and

      4.   That along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which such development is located. (Ord. B-39, 1969)

   A.   Continuation Of Existing Parks: Any mobile home park now in operation as of the enactment of ordinance A-143 on June 23, 1959, may be continued in operation under the supervision of the zoning administrator and in accordance with the provisions of this section. (Ord. C-341, 3-20-2001)

      1.   Alterations To An Existing Mobile Home Park: No change in any sanitary facilities, methods of water supply, sewer, drainage, garbage or waste disposal, and no change in the plot plan shall be made without first making a written application to the city and receiving a written permit therefrom. Such application shall be made in the way and manner hereinbefore set forth; such change or changes shall comply with all codes, rules and regulations applicable thereto. The fee to accompany such an application shall be ten dollars ($10.00). The issuance of a permit does not relieve the applicant from securing building permits or from complying with any other applicable ordinance, statute, rule or regulation.

      2.   Replacement Of An Existing Mobile Home: Whenever a mobile home is moved from any existing mobile home lot, the lot or space left vacant shall not again be occupied by another mobile home except that the lot or space be made to meet all of the requirements of this title, except subsections C, D, E and G of this section. This provision shall in no way eliminate other zoning requirements or other ordinances of the city. Permits may be issued for alterations which tend to make the mobile home park conform with this title.

   B.   Application Procedure: In order to obtain a permit to construct a mobile home park, the applicant shall file with the zoning administrator a written application setting forth the following. The information requested in the written application shall not be considered as listing the requirements that must be met by applicant:

      1.   The full name and address of the applicant or applicants, or names and addresses of the partners if the applicant is a partnership, or the names and addresses of the officers if the applicant is a corporation, and the present or last occupation of the applicant at the time of the filing of the application.

      2.   The location and legal description of the tract of land upon which it is proposed to operate and maintain the mobile home park.

      3.   The proposed and existing facilities in the mobile home park for water supply, sewage, garbage and waste disposal, fire protection and for a community building which will include a description of toilets, urinals, sinks, wash basins, slop sinks, showers, drains and laundry facilities, the proposed alterations therein and the maintenance thereof.

      4.   The proposed method of lighting the structures and land upon which the mobile home park is to be located.

      5.   The site plans of the mobile home park, the plans and specifications for new buildings and facilities or the proposed alterations in existing facilities; all as may be required by the rules and regulations of the City under the provisions of these standards.

      6.   A statement of the firefighting facilities, public or private, which are available to the mobile home park.

      7.   An affidavit of the applicant as to the truth of the matters contained in the application shall be attached thereto. Where a permit to construct is sought by the applicant, request therefor shall be made in the same application.

      8.   Each application shall be accompanied by an application fee amounting to fifty dollars ($50.00) for each five (5) acres of land or fraction thereof, proposed to be used as a mobile home park. Each application fee shall be paid to the City by a separate certified check or U. S. money order in the amount of the application fee only and said application fee once paid to the City shall not be refunded. If the application for a permit to construct is declined, the Zoning Administrator shall give the reasons therefor in writing to the applicant; and if the objection can be corrected, the applicant may amend his application and resubmit it for approval without additional fee.

      9.   Each mobile home park, under the provisions of this Title, shall maintain the park, its facilities and equipment in a clean, orderly and sanitary condition. (Ord. C-102, 12-3-91)

   C.   Minimum Area: The minimum area for each mobile home park shall be ten (10) acres. The minimum number of spaces completed and ready for occupancy before first occupancy if permitted - fifty (50).

   D.   Maximum Density of Units Per Acre: The total density of any mobile home park shall not exceed seven (7) units per gross acre and the net density on any particular acre within such park shall not exceed ten (10) units per net acre.

   E.   Minimum Lot Size: The minimum area for individual mobile home space shall be four thousand (4,000) square feet. Not more than one mobile home shall be placed on a zoning lot.

   F.   Mobile Home Stand: That part of an individual lot which has been reserved for the placement of the mobile home:

      1.   Placement: The mobile home stand placement shall be provided far the practical placement on and removal from the lot of both the mobile home and its appurtenant structures, and the retention of the home on the lot in a stable condition and in satisfactory relationship to its surroundings.

      2.   Size: The size of the mobile stand shall be suitable for the general market to be served by the individual proposal and suitable to fit dimensions of mobile homes anticipated, including mobile home appurtenant structures or appendages.

      3.   Location: The location of each mobile home stand shall be at such elevation, distance and angle in relation to the access street and the mobile home accessway that placement and removal of the mobile home is practical.

      4.   Construction: Appropriate material, properly graded, placed and compacted, so as to be durable and adequate for the support of the maximum anticipated loads during all seasons, and protected against the action of frost or freezing.

      5.   Gradient: There shall be adequate crown or cross gradient for surface drainage.

      6.   Base Enclosure: All mobile homes which are placed on foundations or piers shall have the entire perimeter enclosed. The enclosure shall be of a durable, fire retardant and hard material suitable for all-weather use. The metal panels manufactured for mobile home enclosures shall be considered to meet these requirements.

   G.   Minimum Width of Mobile Home Lots: The minimum average width for each mobile home lot shall be forty feet (40') except that for any mobile home unit greater than twelve feet (12') in width the minimum average lot width shall be forty five feet (45'). This average shall be maintained between points ten feet (10') in front of the mobile home stand and five feet (5') to the rear of the stand.

   H.   Minimum Distance Between Homes: No mobile home shall be placed within fifteen feet (15') of another, and in no case shall the mobile home be located closer than five feet (5') to the side or rear lot lines or ten feet (10') of the front lot line.

   I.   Yards Abutting Common Areas: The distance from the line or corner of the mobile home stand to a private access drive, a common parking area, a common walk or other common area shall be fifteen feet (15') minimum. Patios, carports and individual storage facilities shall be disregarded in determining yard widths.

Distance Mobile Homes to be Located from Park Boundary and Public Streets: No mobile home shall be placed a lesser distance from the mobile home park boundary than the side yard width required in the zoning district in which the property is located. In no case shall any mobile home be placed less than fifteen feet (15') from the mobile home park boundary. The distance from the line or corner of the mobile home stand to a public street shall be thirty five feet (35') minimum.

   J.   Markers for Mobile Home Lots: Every mobile home lot shall be clearly defined on the ground by permanent markers. There shall be posted and maintained in a conspicuous place on each lot a number corresponding to the number of each lot as shown on the plot plan submitted as required in subsection (C) so that each lot may be easily identified.

      1.   Patio: Each mobile home lot shall provide on appropriate outdoor living space to supplement the limited interior space of a mobile home.

         a.   Size: The minimum size of each mobile home lot outdoor living space shall be one hundred eighty (180) square feet.

         b.   Location: Every outdoor living space location shall be convenient to the entrance to the mobile home, appropriately related to open areas of the lot and other facilities, fitted to terrain and natural features and related to anticipated mobile home models.

         c.   Elevation: Where practical, the outdoor living space shall be at an elevation at least as high as the elevation of its mobile home stand. Where topographical conditions permit, the outdoor living space and adjoining yard areas on the entry side of the mobile home stand may be as much as two feet (2') higher than the mobile home stand in order that the level of the outdoor living areas will be close to the floor level of an in-place mobile home. The grade difference between the outdoor living space and the stand may be taken up by a retaining wall or cribbing or by an earth slope. Where the outdoor living space is higher than the mobile home stand, adequate surface drainage of the mobile home stand shall be provided across the other side or ends of the stand.

         d.   Construction:

            (1)   Any subgrading shall be well drained, uniformly graded and compacted.

            (2)   Construction shall provide a useful outdoor surface constructed or formed either monolithically or in movable units with weather resistant materials placed sufficiently close together to create a paved area.

      2.   Tenant Storage: If storage facilities are provided they shall be conveniently located near each mobile home lot a) for the active storage of outdoor equipment, furniture or tools, b) for the inactive storage of such other material as is used only seasonally or infrequently by the typical tenant and cannot be conveniently stored in the typical mobile home.

         a.   Size: There shall be a minimum of ninety (90) cubic feet provided for general storage for each mobile home lot.

         b.   Design and Location of Storage Facilities: Storage facilities shall be provided on the lot, or in compounds located within a reasonable distance, not more than five hundred feet (500') from each stand located not closer to private streets and public streets than the mobile home unit itself. Storage facilities shall be designed in a manner that will enhance the appearance of the court and shall be constructed of suitable weather resistant materials appropriate under the use and maintenance contemplated.

   K.   Streets and Walks: All publicly dedicated streets shall conform to the requirements of the subdivision regulations of the City.

      1.   Public Streets: All publicly dedicated streets shall conform to the requirements of the subdivision regulations of the City.

All future public streets constructed in connection with a mobile home park shall be designed and laid out in accordance with the subdivision regulations of the City.

      2.   Private Streets: Where private streets are provided within the mobile home park, the minimum private street on which an individual mobile home lot fronts shall be twenty eight feet (28') in width and shall be located approximately in the center of a parcel of property equal to the width of right of way for a local residential street fifty feet (50').

All future private streets constructed in connection with a mobile home park shall be designed and laid out in accordance with the subdivision regulations of the City. This shall not apply to mobile home parks existing at the time of the passage of this Title.

Private streets in existing mobile home parks shall be not less than twenty feet (20') in width and shall be installed in accordance with the subdivision regulations of the City.

      3.   Walks:

         a.   Walks shall be provided for safe, convenient, all-season pedestrian access; of adequate width for intended use, durable and convenient to maintain. There shall be:

            (1)   Individual walks to each mobile home stand from a paved street or from a paved driveway or parking space connecting to a paved street.

            (2)   Common walks in location where pedestrian traffic is concentrated; for example, at the court entrance and to the court office and other important facilities. The location of walks shall be approved by the Plan Commission.

         b.   Width, alignment and gradient of walks shall be appropriate for safety, convenience and appearance, and shall be suitable for use by both pedestrians and for the circulation of small wheeled vehicles such as baby carriages and service carts.

         c.   Walks shall be constructed of concrete in accordance with the specifications of the City. Widths shall be generally at least three feet (3') for entrance walks on individual lots and at least three and one-half feet (31/2') for common walks. Sudden changes in alignment and gradient shall be avoided. Required walks are not to be used as drainage ways.

   L.   Parking Spaces: Parking spaces shall be provided for not less than one and one-half (11/2) cars per mobile home lot. Required car parking spaces may include one car space on each mobile home lot and in addition shall include a sufficient number of car spaces in conveniently located parking bays to bring the total number of parking spaces up to the required one and one-half (11/2) car spaces per mobile home lot. Each such parking space shall be not less than nine feet (9') wide and twenty feet (20') deep, shall be surfaced for its entire area with durable, hard material, suitable for all-weather use.

   M.   Water Supply: An adequate supply of potable water shall be furnished from a public water supply system or from a private water system conforming to all applicable laws, regulations, resolutions and ordinances, with supply faucets located on each mobile home lot. An adequate supply of hot water shall be provided at all times to all hot water outlets required herein.

   N.   Sewers and Sewage: In each mobile home park, all waste or wastewater (including such waste or wastewater from mobile homes) from a faucet, toilet, tub, shower, sink, slop sink, drain, washing machine, garbage disposal unit or laundry shall empty into an approved sewer system installed in accordance with City specifications. Surface water shall not be discharged into a public sanitary sewer.

   O.   Service Buildings: Each mobile home park may provide service buildings to house such toilet, bathing or other sanitation facilities and such laundry facilities as are hereinafter more particularly prescribed.

      1.   All service buildings shall be permanent structures complying with all applicable laws and ordinances regulating the construction of buildings.

      2.   All service buildings shall be adequately lighted at all times of day and night, shall be well ventilated and with screens on all openings, shall be constructed of such moisture-proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of not less than sixty eight degrees (68o) Fahrenheit during the period from September 1 to May 15. Floors of all service buildings shall be of water-impervious material, shall contain a drain or drains and shall be so constructed as to assure efficient drainage to such drain or drains.

      3.   All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance or fire hazard.

   P.   Laundry Facilities: When laundry facilities are provided, such facilities shall conform to the following standards:

      1.   Hot and cold water outlets shall equal not less than the number of laundry trays and washing machines.

      2.   An ample number of electrical outlets shall be provided supplying current sufficient to operate each such machine.

      3.   The laundry facilities shall be in a separate service building or, if in the same building where sanitation facilities are housed, shall be separated from the area housing sanitation facilities by a soundproof wall.

   Q.   Garbage and Trash Disposal: Corrosion-resistive metal garbage cans or other noncombustible containers, with tight fitting covers, shall be provided in quantities adequate to permit disposal of all garbage and rubbish. Each mobile home lot shall have at least one garbage can within one hundred feet (100') of it. The cans shall be kept in sanitary condition as determined by inspection of the Health Inspector. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary, but not less than weekly, to insure that the garbage cans shall not overflow.

   R.   Electric Lighting and Outlets: All entrances, exits and driveways shall be lighted at night. Not less than a one hundred (100) watt electric light shall be provided for each two hundred (200) lineal feet of private street and at each entrance and exit to the mobile home park. At least one receptacle outlet for each mobile home space shall be provided; this receptacle and other electric wiring shall conform to the requirements of the Electric Code of the City. Street lighting on public streets shall conform to the requirements in the subdivision regulations and the Electric Code of the City.

   S.   Storage Tanks: No individual storage facilities for gasoline, oil, gas, liquefied petroleum or other fuels shall be permitted within the trailer park.

   T.   Playgrounds: If recreational facilities are provided, the size of the recreational area shall be not less than eight percent (8%) of the gross site area, generally provided in a central location, including suitable landscaping, fencing and benches. In larger courts, decentralization will be allowed. Recreation areas shall include space for community buildings and community use facilities, such as adult recreation, child playgrounds and natural open space.

   U.   Additions To Mobile Homes: No permanent or semipermanent structure shall be affixed to any mobile home as an addition to such mobile home, nor shall any accessory structure be permitted on any mobile home lot or in any mobile home park except those accessory structures required by this chapter and a structure to house an office. If an office structure is provided, its construction shall comply with all applicable laws and ordinances. The prohibition herein against any addition or accessory to a mobile home shall not apply to a canopy or awning designed for use with a mobile home, nor to any expansion unit or accessory structure specifically manufactured for mobile homes. The lot coverage of a mobile home, together with an expansion or accessory structure permitted thereto by this title, shall not exceed forty percent (40%) of the total mobile home lot area.

   V.   Permitted Obstructions: For the purpose of this title, the following shall not be considered as obstructions when located in the yards indicated:

      1.   In Any Yards: Chimneys, overhanging roof eaves, open terraces and awnings adjoining the mobile home if they do not exceed ten percent (10%) of the depth of the yard; and ornamental light standards and flagpoles, fences, trees and shrubs, except that on corner lots, fences, trees and shrubs shall not be higher than thirty inches (30") above the center line grade of the intersecting streets if located in that portion of a required front or side yard situated within twenty feet (20') of the lot corner formed by the intersection of any two (2) street lines.

      2.   In Front Yards: No other obstructions shall be permitted.

      3.   In Side Yards: Open accessory off-street parking spaces, except in a side yard abutting a street.

      4.   In Rear Yards: Private garages or carports, if attached or structurally a part of the mobile home, open accessory off-street parking spaces, accessory sheds, tool rooms, or other similar accessory buildings; private swimming pools in accordance with the regulations of the city. Accessory buildings or structures may occupy not more than thirty percent (30%) of a rear yard.

   W.   Screening: Planting shall be hardy, appropriate for use and location, and planted so as to thrive with normal maintenance. There shall be provided planting adequate to screen views effectively. Views to be screened shall include laundry drying yards, garbage, and trash collection stations, nonresidential uses and yards of all adjacent properties.

   X.   Certificate Of Use Occupancy Required: No mobile home park shall be occupied until a certificate of use and occupancy shall have been issued by the zoning administrator to the effect that the mobile home park or the portion thereof for which such certificate is requested is in compliance with all applicable provisions of this title.

   Y.   Minimum Code Standards: Every mobile home occupied as a dwelling unit located in the city after the date of adoption hereof shall meet the minimum standards for plumbing, heating and electrical systems as defined by the American standards association project A 119.1, approved March 12, 1963, as revised periodically. Mobile homes that display the official seal and register number of the mobile home manufacturers association and the trailer coach association will be considered to comply with the American standards association standard A 119.1. Mobile homes that do not meet these minimum standards for plumbing, heating and electrical systems will not be issued a certificate of use and occupancy permit by the zoning administrator.

The minimum standards for plumbing, heating and electrical systems as defined by the American standards association project A 119.1 (1963), as amended and revised periodically, are hereby made a part of and incorporated by reference into this title.

This requirement will not apply to occupied mobile homes in the city prior to the adoption hereof, nor to units built prior to March 12, 1963. (Ord. B-39, 1969)

   A.   Tiny Homes, as defined in chapter 2 of this title are of such substantially different character from other residential housing that specific and additional standards and exceptions are hereby set out to govern the approval of the board of the adjustment and appeals.

      1.   Developer and occupant requirements: The following requirements must be met and/or agreed to prior to approval by board of adjustment and appeals.

         a.   A developer requesting to construct Tiny Homes must be registered with the state of Iowa as a non-profit entity (501C3 or equivalent).

         b.   The developer must retain ownership for a minimum period of five (5) years.

         c.   The developer shall provide an accessory structure of at least eighty (80) square feet on each property developed. Said structure shall be fully enclosed, securable, and protected from the elements. Said structure must comply with lot and yard requirements as defined in the code for that zoning district.

         d.   Signs: 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.

      2.   Bulk Regulations: The following regulations shall supersede the regulations of the zoning district for the proposed structure.

         a.   Lot size shall be a minimum of three thousand five hundred (3,500) square feet.

         b.   Lot width shall be a minimum of twenty-five (25) feet.

         c.   Lot coverage shall not exceed thirty-five percent (35%).

         d.   Dwelling width shall be a minimum of sixteen (16) feet.

         e.   Dwelling size shall be a minimum of five hundred and seventy-six (576) square feet.

         f.   Setbacks shall be at least:

            (1)   Front: twenty-five (25) feet, but may utilize the exception in code section 10-8-6(C).

            (2)   Rear yard: thirty (30) feet.

            (3)   Side yard: Side yards between tiny homes and non-tiny homes are required to meet district regulations for side yard setbacks. Side yards between multiple tiny homes shall be not less than five (5) feet for each side yard, totaling not less than ten (10) feet between structures.

   B.   Location: Special Use Permits for Tiny Homes, if approved by Board of Adjustment and Appeals, shall be approved by resolution of City Council for location prior to becoming effective. (Ord. D-085, 3-1-2022)