This article classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics. The use categories provide a systematic basis for assignment of present and future uses to zones. Certain use categories are broken down into subgroups if further distinction is needed. The decision to permit, permit with provisions, or allow by special exception a particular use or use category in the various zones is based on the goals and policies of the comprehensive plan and the stated purposes of the base zones. (Ord. 05-4186, 12-15-2005)

   A.   Use Characteristics:

      1.   Land uses are assigned to the use category that most closely describes the nature of the principal use. A number of the most common uses are listed under the "examples" subsection for each use category. In some zones, developments may have more than one principal use. Developments may also have one or more accessory uses. For uses not listed as examples, the following is a list of factors to be considered when classifying a use into a particular category, and is also used to determine whether the activities constitute principal uses or accessory uses:

         a.   The description of the use or activities in comparison to the stated characteristics of each use category;

         b.   The intensity of the activity or use in comparison to the stated characteristics of each use category;

         c.   The amount of site or floor area and equipment devoted to the use or activity;

         d.   The presence of and amount of sales from each use or activity;

         e.   The customer type for each use or activity. For example, do individual customers come to the site or does the firm primarily sell goods or services to other firms?

         f.   The number of employees involved in the use or activity;

         g.   The hours of operation;

         h.   The building and site arrangement;

         i.   The type of vehicles used for the activity;

         j.   The number of vehicle trips generated by the use or activity;

         k.   How the use advertises itself;

         l.   Whether the use or activity would be likely to be found independent of the other activities on the site;

         m.   Whether the use is subordinate to and serves another use in the development;

         n.   Whether a use is subordinate in area, extent or purpose to the principal building or use served;

         o.   Whether the use contributes to the comfort, convenience or necessity of occupants, customers, or employees of a principal use; and

         p.   Any other relevant evidence regarding use or activity that would help to classify a particular land use.

      2.   In cases where a specific use is not listed as an example, the director of housing and inspection services shall determine the appropriate category for a use based on the factors listed in subsection A1 of this section.

      3.   In cases of dispute, the zoning code interpretation panel will issue a written use determination. Such determination may be appealed to the board of adjustment according to the procedures outlined in chapter 8, article C, "Board Of Adjustment Approval Procedures", of this title. If an appeal is made, the board of adjustment shall determine whether the city has made an error in classifying the subject use based on the facts in evidence and the factors listed in subsection A1 of this section.

      4.   Any use that cannot be clearly classified within an existing use category by the procedures noted above is prohibited, unless incorporated into this title by a zoning code text amendment, the procedures for which are outlined in chapter 8, article D, "Planning And Zoning Commission Approval Procedures", of this title. A specific use that cannot be classified into an existing use category shall not be listed as permitted, provisional, or a special exception in any zone without first establishing a new use category within this article by zoning code text amendment.

   B.   Use Of Examples:

      1.   The "examples" subsection under each use category provides a list of examples of specific uses that are included in the use category. These lists may not be exhaustive of all the specific uses that might be included in a use category.

      2.   The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may be called. For example, a use with the business name "Wholesale Liquidators", that sells mostly to individual consumers, would be included in the sales oriented retail category rather than the wholesale sales category, because the actual activity on the site matches the description of the sales oriented retail category.

   C.   Accessory Uses:

      1.   For reference purposes, a list of accessory uses commonly associated with a particular use category is included under a subsection entitled "Accessory Uses". Accessory uses and their associated regulations and requirements are addressed in detail in chapter 4, article C, "Accessory Uses And Buildings", of this title.

      2.   A use that is accessory to a principal use in one instance may, in other circumstances, be considered a principal use. For example, a large business may provide an in-house daycare center for employees. This daycare center would be considered an accessory use. However, a daycare center would be considered a separate principal use if it were not affiliated with another business or use on the property.

   D.   Exceptions: Some of the use categories may contain an "Exceptions" subsection. These subsections provide a cross reference for uses that may seem to be part of a particular category, but which are explicitly classified into a different use category.

   E.   Prohibited Uses: Certain uses are specifically prohibited in the city of Iowa City, even though they may be construed to be part of a particular use category. These uses are listed in a subsection entitled "Prohibited" under the relevant use category. As noted in subsection A4 of this section, some uses may also be prohibited because they cannot be clearly classified within an existing use category by the procedures set forth in subsection A of this section.

   F.   Developments With Multiple Principal Uses: Developments with multiple principal uses will be categorized using the following rules:

      1.   When all of the principal uses of a development fall within one use category, then the entire development is assigned to that use category. For example, a development that contains a hair salon, a dry cleaners, and a photographic studio would be classified as personal service oriented retail.

      2.   When the principal uses of a development fall within different use categories, each principal use is classified into the applicable use category and each use is subject to all applicable regulations for the use category. For example, a development that contains a store that sells musical instruments and an architectural office would fall into two (2) different use categories: Sales oriented retail and general office.

      3.   Developments with multiple principal uses, such as shopping centers, shall incorporate only those uses permitted or allowed as provisional or by special exception in the underlying zone. (Ord. 05-4186, 12-15-2005)

   G.   Use Classification For Establishments That Sell Alcohol:

      1.   Applicability: Any use for which an application has been filed for a liquor control license or wine or beer permit is subject to the following use classification process.

      2.   Definitions: The following definitions shall apply to terms used in this subsection:

   ALCOHOL SALES: The sale of alcohol and alcoholic beverages, including, but not limited to, alcohol, beer or wine in closed containers intended for off site consumption; and alcoholic beverages, including cocktails, shots, wine, beer, and any part of an alcoholic beverage intended for on site consumption, as defined in chapter 123 of the state code.

   LICENSE: Any liquor control license, wine or beer permit issued by the state of Iowa that allows sales of alcohol or alcoholic beverages.

   LICENSEE: Any person or entity that holds a liquor control license, wine or beer permit issued by the state of Iowa.

      3.   Classification Process:

         a.   Prior to issuance of a license for a new use or renewal of a license for a use that was established prior to the effective date hereof, but which has not yet been classified according to these provisions, the licensee must submit to the department of housing and inspection services a verified statement that details the nature of the principal use for which the license will be issued, the type of license(s) applied for, and the hours that the establishment will be open for business. The city may request any other information deemed necessary to verify and classify the use, including, but not limited to, business records upon which the statement is based, state and federal tax records, applications for dramshop insurance and audits performed to determine dramshop insurance premiums, and receipts from vendors for goods purchased.

         b.   Based on the information provided by the applicant, the type of license being applied for, and the classification system set forth in this article, the city will advise the applicant regarding the classification of the proposed use for zoning purposes, and, if applicable, whether the alcohol sales will be considered a principal or accessory use of the property.

         c.   If through this use classification process, a use that was legally established prior to the effective date hereof is determined to be nonconforming with regard to the separation requirements for drinking establishments or alcohol sales oriented retail uses, the property file will be tagged by the building official or designee as a nonconforming drinking establishment or nonconforming alcohol sales oriented retail use, as applicable. Such a nonconforming use may continue provided it is in compliance with the applicable provisions of article E, "Nonconforming Situations", of this chapter.

      4.   Accessory Alcohol Sales Certification: Any use that is classified as an alcohol sales oriented retail use is considered a principal use and subject to the regulations pertaining thereto, unless it is determined that alcohol sales are an accessory use to another principal use of the property through the following certification process. Any licensee applying for an accessory alcohol sales certificate must submit verified statements and business records as set forth in the following subsections:

         a.   For existing uses, if according to a verified statement issued by a certified public accountant, alcohol sales expressed as a percentage of gross yearly income is less than twenty five percent (25%), an accessory alcohol sales certificate will be issued for one year, after which time it must be renewed annually at the time the license is renewed. Said statement shall be based on records made in the regular course of the licensee's business. The licensee shall allow, upon request, the building official, city clerk or designee to examine the business records upon which the statement is based, including state and federal tax records, applications for dramshop insurance and audits performed to determine dramshop insurance premiums, and receipts from vendors for goods purchased.

         b.   For new uses, if the licensee estimates, based on their submitted business plan, that alcohol sales expressed as a percentage of gross yearly income will be less than twenty five percent (25%), an accessory alcohol sales certificate will be issued for one year. The certificate must be renewed annually thereafter at the time the license is renewed based on actual sales according to a verified statement from a certified public accountant as described in subsection G4a of this section.

         c.   If, at the time of renewal of the certificate, alcohol sales constitute twenty five percent (25%) or more of gross yearly income and the use is not in compliance with zoning requirements for alcohol sales oriented uses, a notice of violation will be issued. If the use is in violation of the zoning requirements for alcohol sales oriented uses, the licensee must reduce alcohol sales to below twenty five percent (25%) of gross yearly income or otherwise bring the use into compliance with the applicable regulations. (Ord. 09-4341, 6-2-2009)

   A.   Household Living Uses:

      1.   Characteristics: The residential occupancy of a dwelling unit by a single household or group household, who are living together as a single housekeeping unit. The principal use of the property is for long term residential living, with each dwelling unit containing its own facilities for living, sleeping, cooking and eating meals, and with all spaces within the unit open to the entire household. The dwelling or dwelling units are designed for residential living and any accessory use shall be secondary to the use of the property as a residence.

      2.   Examples: Examples include uses from the subgroups listed below. The single family uses are further divided into various dwelling types, because these dwelling types have distinct dimensional and development standards based on the zone in which they are located. Group households, given that they are a type of "household" rather than a type of dwelling, are permitted in any type of dwelling listed in the three (3) other subgroups, as is permanent supportive housing.

         a.   Group Households: Group households include only the following specific uses: elder family homes, elder group homes, parental group homes, and family care homes, all as defined in chapter 9, article A, "General Definitions", of this title.

         b.   Single Family Uses: A single family use is a household living use where there is no more than one principal dwelling unit per lot. Single family uses include the following dwelling types.

            (1)   Detached single family dwellings. Farm dwellings; detached single family houses; manufactured homes; modular homes; and mobile homes, if converted to real property and taxed as a site built dwelling, as provided in the Code of Iowa, as amended. (See exceptions, below.)

            (2)   Detached zero lot line dwellings.

            (3)   Attached single family dwellings. Attached zero-lot- line dwellings; townhouse dwellings.

         c.   Two Family Uses: Two family uses are household living uses in which there are two (2) principal dwelling units within a single building and both dwelling units are located on the same lot. These uses are often referred to as duplexes.

         d.   Multi-Family Uses: Multi-family uses are household living uses where there are three (3) or more principal dwelling units within a single building and all dwelling units within the building are located on the same lot. These uses include apartments, condominium apartments, elder apartments, assisted living apartments, townhouse-style apartments and condominiums, efficiency apartments, and dwelling units located within mixed-use buildings.

      3.   Accessory Uses: Private recreational uses; storage buildings; parking for residents' vehicles; supportive services that assist permanent supportive housing residents in retaining housing, improving their health status, and maximizing their ability to live and when possible work in the community. Home occupations, accessory dwelling units, childcare homes, mechanical structures such as solar energy systems, and bed and breakfasts are accessory uses that are subject to additional regulations outlined in article C, "Accessory Uses And Buildings", of this chapter. Any accessory use of the property shall remain secondary to the principal use of the property for residential living.

      4.   Exceptions:

         a.   Mobile homes located within manufactured housing parks approved through a planned development process are considered detached single family dwellings, regardless of whether they are converted to real property and taxed as site built dwellings.

         b.   Detached single family dwellings and detached zero lot line dwellings approved through a planned development process are considered single family uses for purposes of this title, even if they are located on one common lot and sold as condominiums.

         c.   Single family uses that contain accessory dwelling units are not considered a two family use.

         d.   Mixed-use buildings containing dwelling units are always considered multi-family uses, regardless of the number of dwelling units within the building.

         e.   Uses such as hotels, motels, and guest houses are not considered residential. They are considered a form of temporary lodging and are classified as hospitality-oriented retail.

         f.   Transient housing is not considered residential. It is considered a form of temporary lodging or shelter and is classified as community service - shelter.

         g.   Alternatives to incarceration, such as halfway houses, where residents are placed in the facility by court order and are under supervision of employees or contractees of the Department of Corrections, are classified as detention facilities.

         h.   Any single family dwelling or dwelling unit within a two family dwelling where there is more than one residential lease issued per unit or where there are locks installed on bedroom doors through which one resident may prevent other residents from entering his/her private room(s) when he/she is not physically present is classified as a group living use, unless the dwelling meets the definition of a group household.

   B.   Group Living Uses:

      1.   Characteristics: Group living uses are characterized by the residential occupancy of a dwelling by a group of people (roomers) who do not meet the definition of a "household" or "group household". Group living structures contain individual, private rooming units that are not open to all the residents of the dwelling. Rooming units contain private space for living and sleeping, but not for cooking. Bathroom facilities may be private or shared. There may also be shared kitchen and dining facilities and shared common rooms and amenities for all residents. The rooming units are furnished with locks through which one member of the group may prevent other members of the group from entering his/her private rooming unit. The residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site.

      2.   Examples: Examples include uses from the subgroups listed below.

         a.   Assisted group living: Group care facilities, including nursing and convalescent homes; assisted living facilities.

         b.   Independent group living: Rooming houses; student dormitories.

         c.   Fraternal group living: Fraternities; sororities; monasteries; convents; and rooming house cooperatives.

      3.   Accessory Uses: Recreational facilities; meeting rooms; associated offices; shared amenity areas, shared kitchens and dining rooms, food preparation and dining facilities; off-street parking for vehicles of the occupants and staff; storage facilities; mechanical structures including solar energy systems; off-street loading areas.

      4.   Exceptions:

         a.   Uses such as hotels, motels, and guest houses are not considered residential. They are considered a form of temporary lodging and are classified as hospitality-oriented retail.

         b.   Family care homes, elder group homes, and elder family homes are considered group households and are classified as household living uses.

         c.   Transient housing is not considered residential. It is considered a form of temporary lodging or shelter and is classified as community service - shelter.

         d.   Alternatives to incarceration, such as halfway houses, where residents are placed in the facility by court order and are under supervision of employees or contractees of the Department of Corrections, are classified as detention facilities. (Ord. 18-4744, 4-2-2018; amd. Ord. 22-4882, 6-21-2022; Ord. 23-4893, 1-24-2023; Ord. 23-4914, 11-6-2023; Ord. 23-4917, 11-21-2023)

   A.   Adult Business Uses:

      1.   Characteristics: Any amusement or entertainment establishment, bookstore, massage establishment, motion picture theater, video rental or sales establishment, or other similar use, in which twenty five percent (25%) or more of its floor area is customarily not open to the public generally but only to one or more classes of the public excluding any minor by reason of age under chapter 728, "obscenity", Code of Iowa, as amended.

      2.   Examples: Adult bookstores; adult video stores; nightclubs featuring nude dancing.

      3.   Accessory uses: Off street parking.

      4.   Exceptions: Therapeutic massage is considered personal service oriented retail.

   B.   Animal Related Commercial Uses:

      4.   Exceptions:

         a.   Pet and pet supply stores are classified as sales oriented retail.

         b.   Pet crematoriums may also be considered an accessory use to a mortuary or funeral home.

   C.   Building Trade Uses:

      1.   Characteristics: Building trade uses are characterized by firms who undertake activities of a type that are specialized either to building construction or to both building and nonbuilding construction projects. These specialized trade contractors may work on subcontract from the general contractor, performing only part of the work covered by the general contract, or they may work directly for the owner of the building or project. Building trade contractors primarily perform their work at the site of construction, although they also may have shops where they perform work incidental to the job site.

      2.   Examples: Electrical, plumbing, heating, and air conditioning contractors, painting and wall papering services, masons, stone and tile setters, glass and glazing services.

      3.   Accessory Uses: Off street parking, workshops, storage.

      4.   Exceptions:

         a.   Contractors and others who perform services off site are included in the office use category if large equipment and materials are not stored indoors or outdoors on the site, and fabrication, or similar work, is not conducted on the site.

         b.   Businesses that repair and install glass in automobiles, trucks and other vehicles are classified as vehicle repair uses.

         c.   Uses specializing in heavy construction work, or that include major fabrication or assembly activities, or that store large quantities of materials on site will be classified as industrial service, manufacturing and production, and/or warehouse and freight movement depending on the particular characteristics of the use (see section 14-4A-2, "Classifying Uses", of this article).

         d.   Artisans and artists that manufacture or assemble goods made of wood, glass, metal, tile, stone or similar that are intended for sale to the general public are categorized as cottage industries, as defined in chapter 9, article A, "General Definitions", of this title.

   D.   Commercial Recreational Uses:

      1.   Characteristics: Commercial facilities used primarily for physical exercise, recreation, or culture. Outdoor uses in this category are typically land intensive uses that provide continuous recreation or entertainment oriented activities. They may take place in a number of structures that are arranged together in an outdoor setting. Indoor uses in this category may require larger indoor areas to accommodate equipment or facilities for the proposed activity.

      2.   Examples: Examples include uses from the two (2) subgroups listed below:

         a.   Outdoor: Campgrounds; commercial tennis and swimming facilities; drive-in theaters; outdoor skating rinks; golf driving ranges; outdoor miniature golf facilities; commercial amphitheaters; amusement parks; privately owned active sports facilities such as ball fields.

         b.   Indoor: Physical fitness centers; health clubs; gyms; bowling alleys; indoor skating rinks; billiard halls; amusement arcades; indoor theaters; indoor play parks.

      3.   Accessory Uses: Concessions; off street parking; maintenance facilities.

      4.   Exceptions:

         a.   Golf courses are considered parks and open space.

         b.   Commercial art galleries are classified as sales oriented retail.

         c.   Private lodges and clubs are classified as religious/private group assembly.

         d.   Uses of a public, nonprofit, or charitable nature, such as community centers, libraries and museums are considered community service.

         e.   Establishments featuring nude dancing are considered an adult business use.

   E.   Commercial Parking Uses:

      1.   Characteristics: Commercial parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as commercial parking.

      2.   Examples: Municipal parking facilities; short term and long term fee parking facilities; commercial shuttle parking facilities; mixed parking lots (partially for a specific use, partly for rent to others).

   F.   Eating And Drinking Establishments:

      1.   Characteristics: Establishments where the principal activity is the preparation, dispensing and consumption of food and/or beverages. Depending on the type of establishment, food and/or beverages may be consumed on or off of the premises. These uses may vary with regard to traffic generation, congestion, and the potential for off site impacts. Therefore, the size, location, and accessory uses permitted may be regulated differently based on the underlying zoning.

      2.   Examples: Examples include uses from the two (2) subgroups listed below:

         a.   Eating Establishments: Restaurants; cafes; cafeterias; coffee shops; delicatessens, tearooms; dining rooms; supper clubs; fast food restaurants; ice cream parlors.

         b.   Drinking Establishments: Any use that meets all of the defining characteristics listed in subsections F2b(1), F2b(2), and F2b(3) of this section, is considered a drinking establishment for purposes of this title, unless listed as an exception in subsection F4 of this section.

            (1)   The principal activity of the establishment is the preparation, dispensing and consumption of food and/or beverages; and

            (2)   The establishment is licensed by the state for the sale of alcoholic beverages for on site consumption, as defined by Iowa Code chapter 123; and

            (3)   The establishment is open for business on a regular basis any time between the hours of twelve o'clock (12:00) midnight and two o'clock (2:00) A.M.

      3.   Accessory Uses: Off street parking. Drive-through facilities and sidewalk cafe seating are accessory uses that are subject to additional regulations outlined in article C, "Accessory Uses And Buildings", of this chapter.

      4.   Exceptions:

         a.   Establishments featuring nude dancing are considered an adult business use.

         b.   Restaurants and/or bars that are associated with a hospitality oriented retail use and that have been issued a class B liquor control license are considered accessory to the subject hospitality oriented retail use and are not considered eating or drinking establishments or alcohol oriented retail uses.

   G.   Quick Vehicle Servicing Uses:

      1.   Characteristics: Quick vehicle servicing uses provide direct services for motor vehicles where the driver generally waits in the car or on site before and while the service is performed. The facility may include a drive-through area where the service is performed. Full serve and miniserve gas stations are always classified as a principal use, rather than an accessory use, even when they are in conjunction with other uses.

      2.   Examples: Full serve and miniserve gas stations; unattended card key service stations; car washes.

      3.   Accessory uses: Off street parking and stacking lanes.

      4.   Exceptions:

         a.   Repair and service of consumer motor vehicles, motorcycles, and light and medium trucks is classified as vehicle repair and is considered a principal use rather than an accessory use, even when in conjunction with a gas station or other use. A development with both a gas station and automotive repair shop would be classified as containing two (2) principal uses: quick vehicle servicing and vehicle repair.

         b.   A convenience store located on the same lot as a quick vehicle servicing use is regulated as a separate principal use, sales oriented retail or alcohol sales oriented retail, whichever is applicable.

         c.   Repair and service of industrial vehicles and equipment and heavy trucks is classified as industrial service.

         d.   Fleet vehicle refueling facilities that are located on the site where the fleet vehicles are kept are classified as an accessory use.

   H.   Office Uses:

      1.   Characteristics: Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.

      2.   Examples: Examples include uses from the two (2) subgroups listed below:

         a.   General Office: Professional offices, such as lawyers, accountants, engineers, architects, and real estate agents; financial businesses, such as mortgage lenders, brokerage houses, administrative and back office banking facilities; data processing; government offices; public utility offices; social service agency offices; television and radio studios; and business services, such as advertising agencies, consumer credit reporting agencies, collection agencies, mailing and copying services, quick printing services, building management services, detective agencies, computer services, software development, research and development, consulting and public relations, protective services, bondspersons, drafting services, auctioneer services, call centers.

         b.   Medical/Dental Office: Medical and dental clinics; chiropractic clinics; medical and dental labs; blood collection facilities; physical therapy clinics.

      3.   Accessory Uses: Cafeterias; exercise facilities for employees; off street parking; other amenities primarily for the use of employees in the firm or building. Antennas and satellite receiving devices that are accessory to a television or radio studio are subject to additional regulations. (See article C, "Accessory Uses And Buildings", of this chapter.)

      4.   Exceptions:

         a.   Broadcast and other communication towers associated with radio and television studios are classified as communication transmission facilities and are regulated as a separate principal use.

         b.   Offices that are accessory to a business or facility in another use category are not classified as an office use, but are subject to the relevant regulations for accessory uses. For example, a manufacturing facility may include some offices for administrative functions. These offices are considered accessory to the manufacturing and production use.

         c.   Retail banking establishments that offer teller services and other personal banking services for individual customers are considered personal service oriented retail. Banking establishments that contain both administrative offices/back office functions and retail operations are considered to contain two (2) principal uses: office and personal service oriented retail.

         d.   Offices for contractors and others who perform services off site are included in the office category if equipment and materials are not stored on the site and fabrication services or similar work is not conducted on site.

         e.   Salons and spas that offer therapeutic massage and other aesthetic health treatments are classified as personal service oriented retail.

   I.   Retail Uses:

      1.   Characteristics: Establishments involved in the sale, lease, or rent of new or used products to the general public for personal or household consumption and establishments involved in the sale of personal services, hospitality services, or product repair services to the general public.

      2.   Examples: Examples include uses from the subgroups listed below:

         a.   Sales Oriented: Stores selling, leasing, or renting consumer, home, and business goods, including, but not limited to, antiques, appliances, art, art supplies, bicycles, carpeting, clothing, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, videos. Also includes retail establishments that have a cottage industry component, such as bakeries, confectioneries, upholsterers, artist/artisans' studios, and similar.

         b.   Personal Service Oriented: Establishments engaged in providing retail services and services related to the care of a person or a person's apparel, such as retail banking establishments, laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, beauty salons, tanning salons, therapeutic massage establishments, taxidermists, mortuaries, funeral homes, and crematoriums.

         c.   Repair Oriented: Repair of consumer goods, such as electronics, bicycles, office equipment; appliances.

         d.   Hospitality Oriented: Hotels; motels; convention centers; guesthouses; and commercial meeting halls/event facilities.

         e.   Outdoor Storage And Display Oriented: Uses that typically include large areas of outdoor storage or display, such as lumberyards; sales or leasing of consumer vehicles, including passenger vehicles, light and medium trucks, and recreational vehicles; sales of landscaping materials and nursery products to the general public; farm supply and implement sales; equipment or vehicle rental businesses.

         f.   Alcohol Sales Oriented: Liquor stores; wine shops; grocery stores; convenience stores; and other retail establishments for which a class E liquor control license or wine or beer permit has been issued that allows sale of alcohol or alcoholic beverages in closed containers for off premises consumption.

         g.   Delayed Deposit Service Uses: Payday lenders and any other similar use that meets the definition of "delayed deposit service use", as defined in chapter 9, article A of this title.

      3.   Accessory Uses: Offices; storage of goods; assembly, repackaging, or processing of goods for on site sale; off street parking, services incidental to the sale of goods; wholesale sales. Drive-through facilities are accessory uses that are subject to additional regulations outlined in article C, "Accessory Uses And Buildings", of this chapter. Crematoriums, for either human or pet remains, may be an accessory use to a funeral home or mortuary.

      4.   Exceptions:

         a.   Lumberyards and other building material suppliers that sell primarily to contractors and do not have a retail orientation are classified as wholesale sales.

         b.   Repair of consumer motor vehicles, motorcycles, and light and medium trucks is classified as vehicle repair. Repair and service of industrial vehicles and equipment, and heavy trucks is classified as industrial service.

         c.   Sales, rental, or leasing of heavy trucks and equipment is classified as wholesale sales.

         d.   Firms that primarily sell tree nursery products and landscaping materials to other retail outlets rather than to the general public are considered wholesale sales.

         e.   Restaurants and/or bars that are associated with a hospitality oriented retail use and that have been issued a Class B liquor control license are considered accessory to the subject hospitality oriented retail use and are not considered drinking establishments or alcohol oriented retail uses.

         f.   Drinking establishments are not considered alcohol sales oriented uses, even if they have a liquor control license or wine or beer permit that allows sale of alcohol, wine, or beer in closed containers for off premises consumption.

         g.   A use is not considered an alcohol sales oriented use if an accessory alcohol sales certificate has been granted according to the process set forth in subsection 14-4A-2G, "Use Classification For Establishments That Sell Alcohol", of this article.

         h.   Bed and breakfasts are considered accessory uses to any residential use and are regulated according to the provisions specified for such uses in article C, "Accessory Uses And Buildings", of this chapter.

         i.   A pet crematorium, if a principal use on a property, is considered an animal related commercial use. Pet crematoriums may also be an accessory use to a veterinary clinic.

         j.   Sales of first-class and/or second-class consumer fireworks is classified as an "other use" as set forth in subsection 14-4A-7E of this article.

   J.   Redemption Center Uses:

   K.   Surface Passenger Services:

      1.   Characteristics: Passenger terminals for regional bus and passenger rail service; dispatch facilities for local taxi and limousine service.

      2.   Examples: Regional bus and passenger rail depots; charter and rental bus services; dispatch facilities for local taxi and limousine services.

      3.   Accessory Uses: Offices; concessions; parking; maintenance and fueling facilities.

      4.   Exceptions: Bus stations and park and ride facilities for local mass transit are classified as general community service uses.

   L.   Vehicle Repair Uses:

      1.   Characteristics: Establishments providing repair and servicing of passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.

      2.   Examples: Vehicle repair shops; auto body shops; transmission and muffler shops; alignment shops; auto upholstery shops; auto detailing services; tire sales and mounting.

      3.   Accessory uses: Offices; sales of parts; off street parking; vehicle storage.

      4.   Exceptions:

         a.   Towing services and the repair and service of industrial vehicles and equipment and of heavy trucks are classified as industrial service.

         b.   Vehicle wrecking and salvage are classified as salvage operations.

         c.   Quick vehicle lubrication businesses are classified as quick vehicle servicing. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 09-4341, 6-2-2009; Ord. 09-4352, 7-6-2009; Ord. 11-4452, 10-18-2011; Ord. 12-4495, 9-18-2012; Ord. 17-4732, 11-21-2017; Ord. 20-4820, 3-3-2020; Ord. 22-4882, 6-21-2022; Ord. 24-4940, 11-4-2024; Ord. 24-4941, 12- 10-2024)

   A.   Industrial Service Uses:

      1.   Characteristics: Firms that are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or byproducts. Industrial service firms that service or repair consumer goods do so primarily by providing centralized services for separate retail outlets, rather than for individual customers. Few customers, especially the general public, come to the site. (Ord. 05-4186, 12-15-2005)

      2.   Examples: Facilities, yards, and preassembly yards for construction contractors; welding shops; machines shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair of heavy machinery; towing and vehicle storage; servicing and repair of medium and heavy trucks; exterminators; fuel oil distributors; solid fuel yards; laundry, dry cleaning and carpet cleaning plants; schools for industrial trades. (Ord. 11-4452, 10-18-2011)

      3.   Accessory uses: Offices; parking; storage; rail spur or lead lines. (Ord. 05-4186, 12-15-2005)

      4.   Exceptions:

         a.   Building contractors who primarily perform services off site are included in the building trade uses category. However, contractors and others who perform services off site are included in the office use category if large equipment and materials are not stored indoors or outdoors on the site, and fabrication, or similar work, is not conducted on the site. (Ord. 11-4452, 10-18-2011)

         b.   Recycling processing facilities are classified as waste related uses.

         c.   Schools that offer training in industrial trades, but that do not include training on large equipment or vehicles and that do not include activities that generate noise, odors, or dust more typical of industrial uses, are classified as specialized educational facilities or colleges and universities.

   B.   Manufacturing And Production Uses:

      1.   Characteristics: Firms that are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, manmade, raw, secondary, or partially completed materials may be used. Products may be finished or semifinished and are generally made for the wholesale market, for transfer to other plants, or to order for businesses or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

      2.   Examples: Examples include uses from the three (3) subgroups listed below: (Ord. 05-4186, 12-15-2005)

         a.   Technical/Light Manufacturing: Firms engaged in the manufacturing, development, processing, fabricating, packaging or assembling of electronic components; electrotherapeutic, electromedical and X-ray apparatus; engineering, scientific and research laboratory equipment; measuring and controlling instruments; office, computing and accounting machines; optical instruments and lenses; pharmaceuticals; photographic equipment and supplies; photofinishing laboratories. (Ord. 09-4352, 7-6-2009)

         b.   General Manufacturing: Manufacturing, compounding, assembling or treatment of most articles, materials, or merchandise. This subgroup excludes those manufacturing firms listed as examples under heavy manufacturing and also excludes those manufacturing uses that are expressly prohibited in Iowa City. For example, this subgroup includes the manufacture of most chemicals and allied products and the manufacture of most food and kindred products, except those listed under the heavy manufacturing subgroup.

         c.   Heavy Manufacturing: Manufacturing firms not included in the manufacturing categories above because they may have significant external effects (excessive odor, fumes, smoke, dust, hazardous waste) on adjacent, less intense commercial or industrial uses. Included in this category are uses such as concrete batch/mix plants; asphalt mixing plants; meatpacking plants; sawmills and planing mills; wet corn milling; manufacture of animal feeds; and paper and paperboard mills.

      3.   Accessory Uses: Offices; cafeterias; off street parking; employee recreational facilities; on site daycare facilities; warehouses; storage yards; rail spur or lead lines; docks; repair facilities; truck fleets.

      4.   Exceptions:

         a.   Manufacturing of goods to be sold primarily on site and to the general public are classified as sales oriented retail.

         b.   Salvage and wrecking of automobiles, trucks, and other heavy machinery is classified as salvage operations.

      5.   Prohibited Uses: Rendering plants; Portland cement plants; stockyards and slaughterhouses; manufacture of fertilizers or explosives; oil refining and alcohol plants; steel mills; pulp mills.

   C.   Salvage Operations:

      1.   Characteristics: Firms that collect, store, and dismantle damaged or discarded automobiles, trucks, machinery, appliances, and building materials. Damaged goods are often dismantled in order to salvage usable parts for resale.

      2.   Examples: Auto and truck salvage and wrecking; salvage and wrecking of heavy machinery, appliances, and building materials.

      3.   Accessory uses: Towing services; offices; parking; storage.

      4.   Exceptions:

         a.   Recycling processing facilities are classified as waste related uses.

         b.   Uses that receive, store, or dispose of liquid or solid organic materials or waste are classified as waste related uses.

   D.   Self-Service Storage Uses:

      1.   Characteristics: Uses that provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

      2.   Examples: Miniwarehouses; ministorage facilities.

      3.   Accessory uses: Security and leasing offices. Use of the storage areas for sales, service, repair operations, or manufacturing is not considered accessory to a self-service storage use.

      4.   Exceptions: A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is classified as warehouse and freight movement. (Ord. 05-4186, 12-15-2005)

   E.   Warehouse And Freight Movement Uses:

      1.   Characteristics: Firms involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pick ups. There is little on site sales activity with the customer present.

      2.   Examples: Separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck and air freight terminals; railroad switching yards; bus and railcar storage lots; storage lots for large fleets of vehicles; parcel services; major postal facilities; grain terminals; and the stockpiling of sand, gravel, and other aggregate materials.

      3.   Accessory uses: Offices; fleet parking and maintenance areas; rail spur or lead lines; docks; and repackaging facilities.

      4.   Exceptions:

         a.   Uses that involve the transfer or storage of solid or liquid wastes are classified as waste related uses.

         b.   Miniwarehouses are classified as self-service storage.

         c.   Dispatch facilities and accessory parking areas for taxi and limousine services are classified as surface passenger services. (Ord. 06-4245, 12-12-2006)

   F.   Waste Related Uses:

      1.   Characteristics: Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location; uses that collect sanitary wastes; uses that recycle solid waste or recyclable materials; and uses that manufacture or produce goods or energy from biological decomposition of organic material.

      2.   Examples: Recycling processing facilities; sanitary landfills; limited use landfills; waste composting; waste transfer stations; energy recovery plants; sewage treatment plants; portable sanitary collection equipment storage and pumping; and hazardous waste collection sites.

      3.   Accessory uses: Recycling of materials; offices; repackaging and transshipment of byproducts.

      4.   Exceptions: Uses that receive, store, and dismantle damaged or discarded vehicles, machinery, appliances or building materials for reuse or resale of component parts are classified as salvage operations.

      5.   Prohibited Uses: Disposal, reduction or dumping of dead animals or offal; radioactive waste storage or disposal facilities. (Ord. 05-4186, 12-15-2005)

   G.   Wholesale Sales Uses:

      1.   Characteristics: Firms that are primarily involved in the sale, lease, or rent of products to retailers; to industrial, institutional, or commercial business users; or to other wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on site or delivered to the customer.

      2.   Examples: Wholesale sales and rental of heavy trucks, machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; wholesalers of food, clothing, auto parts, and building hardware.

      3.   Accessory uses: Offices; products repair; warehouses; parking; minor fabrication services; repackaging of goods.

      4.   Exceptions:

         a.   Firms that engage primarily in sales to the general public or on a membership basis are classified as sales oriented retail.

         b.   Firms that are primarily storing goods with little on site business activity are classified as warehouse and freight movement.

         c.   Wholesale plant or tree nurseries are classified as agriculture. (Ord. 06-4245, 12-12-2006)

   A.   Basic Utility Uses:

      1.   Characteristics: "Basic utilities" are infrastructure services that need to be located in or near the area where the service is provided. Basic utility uses generally do not have a large number of employees at the site. Services may be publicly or privately provided.

      2.   Examples: Utility substation facilities, such as electric substations, gas regulator stations, telecommunications switching and relay facilities; water and sewer lift stations, water towers, and reservoirs.

      3.   Accessory Uses: Parking; control, monitoring, data or transmission equipment.

      4.   Exceptions:

         a.   Services where employees or the general public are generally present are classified as community service or office uses.

         b.   Utility offices where employees or customers are generally present are classified as office uses.

         c.   Bus barns are classified as warehouse and freight movement.

         d.   Communications towers, including radio, television, and wireless communications infrastructure, are classified as communication transmission facilities.

   B.   Colleges And Universities:

      1.   Characteristics: Public or private colleges and universities that offer courses of general or specialized study leading to a formal degree. Colleges, universities and professional schools granting academic degrees and requiring at least a high school diploma or equivalent general academic training for admission. Junior colleges and technical institutes requiring at least a high school diploma or equivalent general academic training for admission and granting associate academic degrees, certificates or diplomas. These uses tend to be in campuslike settings or on multiple blocks.

      2.   Examples: Examples include uses from the following two (2) subgroups:

         a.   Public: Public universities and community colleges that are under state jurisdiction.

         b.   Private: Private colleges and universities; private technical colleges; private nursing and medical schools not accessory to a hospital; seminaries.

      3.   Accessory Uses: Offices; housing for students; food service; laboratories; health and sports facilities; theaters; meeting areas; parking; maintenance facilities; support commercial.

      4.   Exceptions: Business, technical, trade, martial arts, music, dance, and drama schools/studios are classified as specialized educational facilities. However, business and technical colleges that offer degree programs in campuslike settings are classified as private colleges and universities.

   C.   Community Service Uses:

      1.   Characteristics: Uses of a public, nonprofit, or charitable nature providing a local service to people of the community. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Included are community centers or facilities that have membership provisions that are open to the general public to join at any time, e.g., a senior center that allows any senior to join. The use may provide shelter or short-term housing when operated by a public or nonprofit agency. The use may also provide special counseling, education, or training of a public, nonprofit or charitable nature.

      2.   Examples: Examples include uses from the following three (3) subgroups:

         a.   General Community Service: Libraries; museums; transit centers; park and ride facilities; senior centers; community centers; neighborhood centers; youth club facilities; some social service facilities; vocational training facilities for the physically or mentally disabled; soup kitchens; surplus food distribution centers; public safety facilities, such as police and fire stations.

         b.   Community Service - Shelter: Transient housing operated by a public or nonprofit agency.

      3.   Accessory Uses: Offices; meeting areas; food preparation areas; parking; health and therapy areas; daycare uses; athletic facilities.

      4.   Exceptions:

         a.   Religious institutions and private clubs and lodges are classified as religious/private group assembly uses.

         b.   Group care facilities where patients are residents of the facility are classified as assisted group living.

         c.   Private, for profit athletic or health clubs are classified as indoor commercial recreational uses.

         d.   Private, for profit art galleries are classified as sales oriented retail.

         e.   Social service agencies that consist primarily of office and counseling functions and operate in a similar fashion to other office uses are classified as general office.

         f.   Parks and cemeteries are classified as parks and open space.

         g.   Uses where tenancy is arranged on a non-transient basis are residential and are classified as household living or group living.

         h.   Alternatives to incarceration, such as halfway houses, where residents of the facility are under supervision of sworn officers of the court are classified as detention facilities.

   D.   Daycare Uses:

      1.   Characteristics: A nonresidential facility that provides less than twenty four (24) hour per daycare or supervision for children and adults for a fee. Daycare uses also include organized programs of short term supportive daycare in a group environment for adults who need supervision, assistance or both. Services may include, but are not limited to, nursing and rehabilitative services, personal care, transportation services, social or recreational activities, and preventative or restorative services.

      2.   Examples: Childcare centers; adult daycare; preschools and latchkey programs not accessory to an educational facility use.

      3.   Accessory Uses: Offices; recreational areas; playgrounds; parking.

      4.   Exceptions:

         a.   A childcare home (see definition of "childcare home" in chapter 9, article A, "General Definitions", of this title) is considered an accessory use and is subject to the requirements of chapter 4, article C, "Accessory Uses And Buildings", of this title.

         b.   Preschools and latchkey programs located within an educational facility are considered an accessory use and are subject to the regulations of chapter 4, article C, "Accessory Uses And Buildings", of this title.

         c.   Daycare centers that provide on site care for the employees of a particular business are considered accessory uses and are subject to the regulations of chapter 4, article C, "Accessory Uses And Buildings", of this title.

   E.   Detention Facilities:

      1.   Characteristics: Facilities for the judicially required detention or incarceration of people. Inmates and detainees are under twenty four (24) hour supervision by employees or contractees of the department of corrections, except when on an approved leave. This category also includes alternatives to incarceration, such as halfway houses, where residents or inmates are placed by and remain under the supervision of the courts.

      2.   Examples: Prisons; jails; probation centers; juvenile detention homes; halfway houses.

      3.   Accessory Uses: Offices; recreational and health facilities; therapy facilities; maintenance facilities; hobby and manufacturing activities.

      4.   Exceptions:

         a.   Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not under twenty four (24) hour supervision of employees or contractees of the department of corrections are classified as assisted group living.

         b.   Programs that provide transitional living experience for former offenders, where residents are not currently under twenty four (24) hour supervision by employees or contractees of the department of corrections, are classified as assisted group living.

   F.   Educational Facilities:

      1.   Characteristics: Public and private schools that provide state mandated primary and secondary generalized education; and schools for specialized activities, such as dance, music, martial arts, business, and technical skills.

      2.   Examples: Examples include uses from the following two (2) subgroups:

         a.   General Educational Facilities: Public and private elementary, middle, junior high and senior high schools, including such schools owned or operated by a religious entity; boarding schools; military academies.

         b.   Specialized Educational Facilities: Schools primarily engaged in offering specialized trade, business, or commercial courses, but not academic training. Also specialized nondegree granting schools, such as music schools, dramatic schools, dance studios, martial arts studios, language schools and civil service and other short term examination preparatory schools.

      3.   Accessory Uses: Cafeterias; parking; play areas; recreational and sports facilities; auditoriums; preschools; before and after school programs.

      4.   Exceptions:

         a.   Preschools that are not accessory to an educational facility use are classified as daycare.

         b.   Schools that offer training in industrial trades that include training on large equipment or vehicles, or that include activities that generate noise, odors, or dust more typical of industrial uses are classified as industrial service.

         c.   Business, technical, and other colleges that offer degree programs in campus like settings are classified as private colleges and universities.

   G.   Hospitals:

      1.   Characteristics: Uses providing health services for inpatient medical care for sick or injured humans, including related facilities that are an integral part thereof, such as laboratories, outpatient facilities, staff offices and emergency medical services. Hospitals tend to be on multiple blocks or in campus settings.

      2.   Examples: Hospitals; medical centers.

      3.   Accessory Uses: Outpatient clinics; offices; laboratories; teaching facilities; meeting areas; cafeterias; parking, maintenance facilities; overnight facilities for staff or trainees; crematoriums.

      4.   Exceptions:

         a.   Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are considered group care facilities and are classified as assisted group living.

         b.   Medical clinics that provide care where patients are not kept overnight are classified as medical/dental offices.

         c.   Heliports, helipads and helistops are not considered an accessory use to or an integral part of a hospital use. Such uses are considered aviation related uses and are always regulated as a principal use.

   H.   Parks And Open Space Uses:

      1.   Characteristics: Large areas consisting mostly of natural areas, formal or informal landscaped open space, and/or open space for outdoor assembly and recreation. This category includes both public open space areas as well as private, shared open space. These uses tend to have few structures.

      2.   Examples: Parks; golf courses; cemeteries; public squares; plazas; botanical gardens; arboretums; community gardens; boat launching areas; nature preserves.

      3.   Accessory Uses: Maintenance facilities; concessions; parking. Mausoleums, columbariums, and crematoriums within cemeteries and recreational uses within private open space areas, such as clubhouses, tennis courts, sports fields, and swimming pools, are regulated as accessory uses and are subject to the regulations of chapter 4, article C, "Accessory Uses And Buildings", of this title.

      4.   Exceptions:

         a.   Recreational uses, such as health and athletic clubs, operated as commercial businesses that are open to the general public, whether payment is on a fee for services or on a membership basis, are classified as commercial recreational uses.

         b.   Accessory outdoor recreational facilities that are located on private property that are exclusively for use of those that live on the property are considered an accessory use to the principal use of the property. For example, a swimming pool, tennis court, or other similar facility located on a property that has as its principal use an apartment building would be considered an accessory use to a multi-family use, not an accessory use to a parks and open space use. However, a swimming facility located on property that has been designated private, shared open space used jointly by multiple properties in the vicinity would be considered an accessory use to a parks and open space use because the principal use of the property is private, shared open space.

   I.   Religious/Private Group Assembly Uses:

      1.   Characteristics: A religious/private group assembly use provides meeting space and facilities for a religious institution or a private, nonprofit association. Such a use typically restricts access to the general public and owns, leases or holds property in common for the benefit of its members.

      2.   Examples: Religious institutions, such as churches, temples, synagogues, and mosques; private, nonprofit meeting halls, clubs, associations, or nonresidential fraternal organizations, such as the Masonic, Eagles, Moose and Elks Lodges, and the Lions and American Legion Clubs.

      3.   Accessory Uses: Parking; maintenance/storage buildings; living quarters for clergy; columbariums.

      4.   Exceptions:

         a.   Recreational, sports, or athletic clubs operated as a commercial business and open to the general public to join are classified as commercial recreational uses.

         b.   Clubs where the primary activity is the sales of goods or services are classified as either sales oriented or personal service oriented retail.

         c.   Commercial meeting and event facilities are classified as hospitality oriented retail.

         d.   Fraternities and sororities associated with a college or university are classified as fraternal group living uses.

         e.   Facilities owned or operated by a religious institution that provide state mandated primary and secondary generalized education are classified as educational facilities.

         f.   Colleges and universities, as defined in this article, which are owned and/or operated by a religious institution are classified as colleges and universities.

         g.   Hospitals owned and/or operated by a religious institution are classified as hospital uses.

         h.   Uses that are not typically associated with the primary assembly purpose of the use, such as retail sales, residential uses (other than for clergy), amusement parks, and large sports and entertainment facilities may be considered separate principal uses and regulated accordingly. Decisions regarding whether a use is an accessory use or a principal use will be based on the factors listed in subsection 14-4A-2A of this article. (Ord. 05-4186, 12-15-2005; amd. Ord. 16-4667, 7-5-2016; Ord. 20-4817, 1-7-2020; Ord. 22-4882, 6-21-2022; Ord. 23-4914, 11-6-2023)

   A.   Agricultural Uses:

      1.   Characteristics: Uses where the principal activities may include the commercial cultivation of plants, including crop, vegetable, and fruit production, livestock production, and the raising, boarding, and training of domestic animals.

      2.   Examples: Examples include uses from the two (2) subgroups listed below:

         a.   Plant Related: Crop farming; vegetable, fruit, and tree farms; wholesale plant nurseries.

         b.   Animal Related: Livestock operations; dairy farms; horse farms.

      3.   Accessory Uses: Dwellings for proprietors and their families and for employees of the use; storage buildings; farm outbuildings.

      4.   Exceptions:

         a.   Livestock auctions are classified as wholesale sales.

         b.   Processing of animal or plant products, including processing and packaging of dairy products, is classified as either general or heavy manufacturing.

         c.   Plant nurseries that are oriented to retail sales are classified as outdoor storage and display oriented retail.

         d.   Kennels (see definition in chapter 9, article A of this title) are classified as intensive animal related commercial.

      5.   Prohibited Uses: Stockyards; feedlots and confinement feeding operations.

   B.   Aviation Related Uses:

      1.   Characteristics: Facilities for the landing and take off of flying vehicles, including loading and unloading areas and passenger terminals. Aviation facilities may be for commercial carriers or for shared use by private aircraft.

      2.   Examples: Examples include uses from the two (2) subgroups listed below:

         a.   Airports: Public and private airports and airstrips.

         b.   Helicopter Landing Facilities: Heliports; helipads; helistops.

      3.   Accessory Uses: Freight handling areas; concessions; offices; parking; maintenance, storage, and fueling facilities.

      4.   Exceptions: Helicopter landing facilities are always classified and regulated as a separate principal use. No helicopter landing facility shall be construed or interpreted as being an integral part of any principal use or as being accessory to any principal use.

   C.   Extraction Uses:

      1.   Characteristics: The industrial extraction of sand, gravel, or topsoil for off site use, excluding the process of grading a lot in preparation for constructing a building or infrastructure.

      2.   Examples: Quarrying or dredging for sand and gravel.

      3.   Accessory Uses: Offices; storage and transfer facilities.

   D.   Communication Transmission Facility Uses:

      1.   Characteristics: All devices, equipment, machinery, structures or supporting elements necessary to produce nonionizing electromagnetic radiation and operating as a discrete unit to produce a signal or message. Towers may be self-supporting, guyed, or mounted on poles or buildings.

      2.   Examples: Broadcast towers and antennas; wireless communication towers and antennas; point to point microwave towers and antennas; emergency communication broadcast towers and antennas.

      3.   Accessory Uses: Transmitter facility buildings.

      4.   Exceptions:

         a.   Receive only antennas are not included in this category.

         b.   Shortwave radio towers for personal use are regulated as an accessory use.

         c.   Radio and television studios are classified in the office category. Their broadcast towers are classified as communication transmission facilities and are regulated as a separate principal use. (Ord. 05-4186, 12-15-2005)

   E.   Consumer Fireworks Sales Uses:

      1.   Characteristics: Sales of first-class and/or second-class consumer fireworks, as defined by the American Pyrotechnics Association.

      2.   Examples: Seasonal sales outlets.

      3.   Accessory Uses: None. (Ord. 17-4732, 11-21-2017)

The building official or designee is empowered to grant minor modifications from certain standards specifically enumerated below. Minor modifications provide a mechanism by which the specified regulations may be modified or waived if the proposed development meets certain criteria and continues to meet the intended purpose of those regulations. Minor modification reviews provide flexibility for unusual situations applicable to the property, for which strict application of the regulations is impractical. The minor modifications listed below may be granted, provided the approval criteria as set forth in subsection B of this section are met. The approval procedures for minor modifications are set forth in chapter 8, article B, "Administrative Approval Procedures", of this title. (Ord. 10-4397, 7-12-2010)

   A.   Applicability: The building official may grant the following minor modifications from the requirements of this title, provided the approval criteria are met. Any requests for modifications that exceed the limitations set forth below and all other requests for modifications of the requirements of this title require the filing of a special exception or variance application with the Board of Adjustment.

      1.   The number of required parking spaces for commercial uses may be reduced up to ten percent (10%).

      2.   The building official, in consultation with the Director of Neighborhood and Development Services, may approve a minor modification of up to fifty percent (50%) of the total number of parking spaces required, if the uses sharing the parking are not normally open, used, or operated during the same hours. However, this reduction is not allowed for residential uses. To qualify for a reduction under this provision, a parking demand analysis must be submitted that provides evidence that the amount of parking proposed for the shared parking area will be sufficient to meet the parking demand.

      3.   The building official, in consultation with the Director of Neighborhood and Development Services, may approve a minor modification as specified in 14-4B-1 of this title to reduce the total number of parking spaces required by up to fifty percent (50%) if it meets the following standards:

         a.   It must be in a CB-2, CB-5, CC-2, CN-1, CO-1, or MU zone;

         b.   Buildings must be limited to a footprint of 5,000 square feet;

         c.   A parking demand analysis must be submitted that provides evidence that the amount of parking proposed will be sufficient to meet the parking demand, which depending on the complexity of the site, may require an engineered study, as determined by staff; and

         d.   The proposed development must not result in the demolition of a property that is designated as an Iowa City landmark, registered in the National Register of Historic Places, or individually eligible for the National Register of Historic Places.

      4.   In the CB-5 and CB-10 Zones, a minor modification may be granted exempting up to thirty percent (30%) of the total number of dwelling units contained in a building from the minimum parking requirements; provided that those dwelling units are committed to the City’s assisted housing program or any other affordable housing program approved by the City.

      5.   The height of a wall or fence may be increased up to twenty five percent (25%), but in no case shall a minor modification allow a fence greater than eight feet (8') high.

      6.   The height of a principal or accessory building may be increased up to ten percent (10%).

      7.   In cases where, due to topography or other site characteristics, a wheelchair ramp cannot meet the limitations placed on its allowed extension into a required setback, this limitation may be modified.

      8.   Required setbacks from a side lot line may be reduced by up to two feet (2'), but in no case shall a required setback from a side lot line be reduced to less than three feet (3'), unless the subject side lot line abuts a public right-of-way or permanent open space.

      9.   Other setbacks may be reduced by up to fifteen percent (15%) of the required setback, but in no case shall a required setback from a rear lot line be reduced to less than three feet (3'), unless the subject side lot line abuts a public right-of-way or permanent open space.

      10.   One space for parking for persons with disabilities may be located in a required front setback for commercial uses in a Commercial Zone, when adjacent to a Residential Zone, where the topography or shape of the lot precludes compliance with the location requirements for off street parking.

      11.   The permitted height of a freestanding sign may be increased by up to ten feet (10') if the property is within one thousand feet (1,000') of a divided, limited access highway, and there is a difference in topographical elevations between the property and the highway, such that the visibility of the sign from the highway would be obstructed if the sign were limited to the maximum height permitted by ordinance.

      12.   One nonresident employee may be approved for a home occupation use. However, nonresident employees are not permitted under any circumstances for the types of medical offices allowed as home occupations.

      13.   Modifications to the driveway spacing standards contained in section 14-5C-4 of this title may be granted, provided there is no feasible alternative to the modification requested, and vehicular and/or pedestrian safety will not be compromised due to the modification. The building official must obtain approval from the City Engineer and the Director of Planning and Community Development prior to granting any such modification.

      14.   A building addition of less than five hundred (500) square feet or an accessory storage building less than five hundred (500) square feet in size may be approved for accessory uses within parks and open space uses without approval from the Board of Adjustment. However, if any such building addition increases the occupancy load of the building, a special exception must be obtained.

      15.   Modifications to the multi-family site development standards contained in section 14-2B-6 of this title according to the alternate approval criteria set forth in that section. The building official must obtain approval from the Design Review Committee and the Director of Planning and Community Development prior to granting any such modification. Such requests shall be reviewed and approved jointly by the Design Review Committee, the Director of Planning and Community Development, and the Building Official.

      16.   Modifications to the site development standards contained in section 14-2C-6, 14-2C-7, 14-2C-8, or 14-2C-9 of this title according to the alternate approval criteria set forth in section 14-2C-10 of this title. The building official must obtain approval from the Design Review Committee and the Director of Planning and Community Development prior to granting any such modification.

      17.   Modifications to the site development standards contained in sections 14-2D-5, “Industrial And Research Zone Site Development Standards”, and 14-2F-5, “Public Zone Site Development Standards”, of this title according to the alternate approval criteria set forth in those sections, respectively. The building official must obtain approval from the Director of Planning and Community Development prior to granting any such modification.

      18.   One additional garage entrance/exit to structured parking may be granted according to the provisions of subsection 14-5A-5F7, “Garage Entrances/Exits”, of this title. The building official must obtain approval from the Director of Planning and Community Development prior to granting any such modification.

      19.   Freestanding signs in the CB-2 Zone, according to the approval criteria and specifications as stated in section 14-5B-8, table 5B-4 of this title.

      20.   Modifications or waivers of nonconforming development according to the provisions set forth in section 14-4E-8, “Regulation Of Nonconforming Development”, of this chapter.

      21.   A modification of the required driveway length in Single-Family Zones according to the provisions set forth in subsection 14-2A-6C4 of this title.

      22.   An entranceway/gate more than four feet (4') in height in Residential Zones, provided it is designed to be compatible with and enhance the surrounding neighborhood. An identification sign no more than twelve (12) square feet in area incorporated as an integral element of the entranceway/gate may be permitted as part of the requested minor modification.

      23.   Modification to reduce the open space requirement for single family and two family uses in certain qualifying situations and according to the specific approval criteria as specified in sections 14-2A-4 and 14-2B-4 of this title.

      24.   For solar energy systems, modifications to the accessory mechanical structure standards contained in subsection 14-4C-2N and other accessory development standards contained in section 14-4C-3.

   B.   Approval Criteria: The building official may approve an application for a minor modification, in whole or in part, with or without conditions, only if the following approval criteria are met:

      1.   Special circumstances apply to the property, such as size, shape, topography, location, surroundings, or characteristics, or preexisting site development, which make it impractical to comply with the subject regulation or which warrant a modification and/or waiver of the subject regulation.

      2.   The minor modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located.

      3.   The minor modification does not exceed the minor modification standards or allow a use or activity not otherwise expressly authorized by the regulations governing the subject property.

      4.   The minor modification requested is in conformity with the intent and purpose of the regulation modified.

      5.   The requested minor modification complies with other applicable statutes, ordinances, laws and regulations.

   C.   Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence.

   D.   Precedents: The granting of a minor modification is not grounds for granting other minor modifications for the same or differing properties. (Ord. 05-4186, 12-15-2005; amd. Ord. 08-4326, 12-22-2008; Ord. 10-4397, 7-12-2010; Ord. 19-4779, 2-19-2019; Ord. 20-4834, 11-17-2020; Ord. 22-4882, 6-21-2022; Ord. 23-4893, 1-24-2023)

The Board of Adjustment is empowered to grant variances from the provisions of this title that will not be contrary to the public interest when, owing to unique circumstances or conditions, a literal interpretation of this title would deprive the applicant of rights commonly enjoyed by other properties in the zoning district under the terms of this title and would impose unnecessary and undue hardship on the applicant. To ensure that the spirit of this title is observed and substantial justice done, no variance to the strict application of any provision of this title shall be granted by the Board unless the applicant demonstrates that all of the following approval criteria are met. The procedures for obtaining a variance are set forth in chapter 8, article C, “Board Of Adjustment Approval Procedures”, of this title.

   A.   Approval Criteria:

      1.   The proposed variance will not be contrary to the public interest; and

      2.   Where owing to special conditions, a literal enforcement of the provisions of the zoning code provision will result in unnecessary hardship; and

      3.   The spirit of the zoning code provision shall be observed, and substantial justice done.

   B.   Definitions:

 

 

   C.   Use Variance Prohibited: Under no circumstance may the Board grant a variance that would allow a land use, other than those specifically allowed in the zoning district in which the subject property is located.

   D.   Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence.

   E.   Precedents: The granting of a variance is not grounds for granting other variances for the same or differing properties. (Ord. 10-4414, 11-16-2010; amd. Ord. 22-4882, 6-21-2022)

The Board of Adjustment is empowered to grant special exceptions to the provisions of this title in certain circumstances specifically enumerated within this title. To ensure that the spirit of this title is observed and substantial justice done, no special exception shall be granted by the Board unless the applicant demonstrates that all of the following general approval criteria are met in addition to any specific approval criteria for the proposed exception listed in section 14-4B-4 of this article or elsewhere in this title. The procedures for obtaining a special exception are set forth in chapter 8, article C, "Board Of Adjustment Approval Procedures", of this title.

   A.   Approval Criteria: In order to grant a special exception, the Board must find that the applicant meets the specific approval criteria set forth in this title with respect to the specific proposed exception. The Board must also find that the applicant meets the following general approval criteria or that the following criteria do not apply:

      1.   The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare.

      2.   The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood.

      3.   Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located.

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

      5.   Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets.

      6.   Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located.

      7.   The proposed exception will be consistent with the Comprehensive Plan of the City, as amended.

   B.   Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence.

   C.   Precedents: The granting of a special exception is not grounds for granting other special exceptions for the same or differing properties. (Ord. 05-4186, 12-15-2005)

The following uses are listed as provisional uses or special exceptions in one or more of the base zones, unless specifically exempted or superseded by more specific provisions of this title. Provisional uses are permitted, subject to the additional requirements contained in this article. A use listed as a special exception in a base zone is permitted only after approval from the board of adjustment, subject to the approval criteria contained in this section and to the general special exception approval criteria contained in section 14-4B-3 of this article. In addition to the approval criteria listed in this article, all provisional uses and special exceptions are required to meet the regulations of the base zone in which they are located and all other applicable regulations of this title. If a regulation in another part of this title conflicts with a regulation contained in this article, the regulation that is more specific to the situation applies. When regulations are equally specific or when it is unclear which regulation to apply, the more restrictive regulation applies.

   A.   Residential Uses:

      1.   Detached Single-Family Dwellings In ID Zones:

         a.   Detached single-family dwellings associated with an agricultural use of the property are allowed in any ID zone, provided the dwelling is developed in accordance with the minimum dimensional standards specified for detached single-family dwellings in the RR-1 zone. Only one principal dwelling is permitted per lot.

         b.   In an ID-RS zone, detached single-family dwellings not associated with an agricultural use are allowed on minimum lot areas of five (5) acres according to the dimensional requirements otherwise specified for the ID zones. Only one principal dwelling is permitted per lot.

      2.   Attached Single-Family Dwellings:

         a.   Number Of Units:

            (1)   Only one principal dwelling unit is permitted per lot.

            (2)   In RS-5 and RS-8 zones: A maximum of two (2) dwelling units may be attached unless approved through a planned development overlay rezoning.

            (3)   In all other zones: A maximum of six (6) dwellings units may be attached unless approved through a planned development overlay rezoning.

         b.   Setbacks:

            (1)   Interior Lots: The side setbacks for the attached dwellings may be reduced to zero along the common wall side of the units. Each end unit in a row of attached single-family dwellings shall have one side setback that is a minimum of ten feet (10'), unless the end unit is on a corner lot.

            (2)   Corner Lots: Either the rear setback or nonstreet side setback may be reduced to zero feet (0'). The remaining nonstreet setback must be at least ten feet (10') if it is a side setback and twenty feet (20') if it is a rear setback. (See figure 4B.2 below.)

         c.   Entrances:

            (1)   Each dwelling unit must have a separate main entrance that faces the street, is at an angle of up to forty five degrees (45°) from the street, or opens onto a porch. The main entrance may not face an alley.

            (2)   Each dwelling must have a paved connection between the main pedestrian entrance and the public sidewalk or the fronting street in cases where a sidewalk is not provided.

            (3)   If parking is located at the rear of a dwelling, a second entrance to the dwelling must be provided within twenty feet (20') of the rear facade of the dwelling on either the rear or side facade of the dwelling.

         d.   Design Features:

            (1)   All windows, doors, and roof eaves, including roof eaves on porches, must be demarcated with trim. The city may waive this requirement in cases where the building has an exterior material of stucco or masonry such that trim is impractical or inappropriate to the design of the building.

            (2)   All roof eaves must project at least twelve inches (12") from the building wall.

            (3)   Exposed, unpainted or unstained lumber may not be used along any building wall that faces a street-side lot line.

            (4)   If four (4) or more dwelling units are attached, the units must be articulated by at least one of the following means in order to prevent monotony, but the units should be consistent in architectural style and proportion. Figure 4B.3, located at the end of this subsection A3d, provides some examples of acceptable building articulation. However, other designs meeting the standards listed below are acceptable.

               (A)   Construct front and side elevations of the building of at least fifty percent (50%) brick, stone, or other masonry product. For the purpose of this provision, masonry shall not include concrete block or poured concrete materials, except when rusticated concrete block or decorative concrete is used as a base or exposed foundation material.

               (B)   Construct front and side elevations of the end units of one hundred percent (100%) brick, stone, or other masonry product. For the purpose of this provision, masonry shall not include concrete block or poured concrete materials, except when rusticated concrete block or decorative concrete is used as a base or exposed foundation material.

               (C)   Distinguish each unit architecturally through a change in the roofline and a jog in the street-facing wall plane. The jog must be at least eighteen inches (18") deep and a minimum of eight feet (8') wide; the change in the roofline must be in concert with the jog in the wall plane, which may be accomplished by the addition of a gable, hip or similar roof that is perpendicular to the primary roof.

         e.   Garages:

            (1)   In the RS-5 and RS-8 zones, there may be no more than one doublewide or two singlewide garage openings facing any street unless the parking is set back at least fifteen feet (15') from the front of the building façade. For the purposes of this section, a porch is considered part of the building façade. Doublewide openings may not exceed twenty feet (20') in width; singlewide openings may not exceed ten (10') in width.

            (2)   The length of any garage wall that faces a street-side lot line may not exceed sixty percent (60%) of the total length of the building façade that faces the same street-side lot line. On corner lots, only the garage wall(s) containing a garage door must meet this standard.

         f.   Vehicular Access:

            (1)   Vehicular access points and garage entrances must comply with the provisions of article 5, article C, “Access Management Standards”, of this title and the single-family site development standards as set forth in chapter 2, article A of this title. Attached single-family dwellings located in the MU zone are also subject to the standards of subsection 14-2C-9N, “Single- Family And Two-Family Uses In MU Zone”, of this title.

            (2)   If the lot width is less than forty five feet (45'), vehicular access is restricted to an alley or private rear lane. Corner lots are exempt from this standard if vehicular access faces a lot line that is at least forty five feet (45') in length.

            (3)   Where a private rear lane or public alley is present, garage entrances/exits must be accessed from said private rear lane or public alley.

         g.   Utilities: Each dwelling unit must have a separate utility service from the street or rear lot line.

         h.   Maintenance: A permanent access and maintenance easement must be secured from the owner of the lot that abuts the zero lot line side of the dwelling. The easement must ensure access for maintenance of the exterior portion of the building wall located on the lot line and other common elements, such as drives and aisles. This easement must be recorded as a covenant on the applicable lots. Proof of such recording must be submitted prior to issuance of a building or occupancy permit.

      3.   Multi-Family Uses In The RS-12 Zone:

         a.   Number Of Units: No more than six (6) principal dwelling units may be located on a lot in an RS-12 zone unless approved through a planned development overlay rezoning.

         b.   Principal dwelling units must be arranged as a townhouse-style multi-family building such that each unit has frontage on the same street.

         c.   Principal dwelling units may not be stacked where one unit is located above or below another.

         d.   Entrances:

            (1)   Each principal dwelling unit must have a separate main entrance that faces the street, is at an angle of up to forty five degrees (45°) from the street, or opens onto a porch. The main entrance may not face an alley.

            (2)   Each principal dwelling must have a paved connection between the main pedestrian entrance and the public sidewalk or the fronting street in cases where a sidewalk is not provided.

            (3)   A second entrance to the dwelling must be provided within twenty feet (20') of the rear facade of each dwelling on either the rear or side facade of the dwelling.

         e.   Design Features And Vehicular Access: The multi-family use must meet all requirements in Section 14-2B-6 "Multi-Family Site Development Standards".

      4.   Detached Zero Lot Line Dwellings:

         a.   Procedure: Any restrictions or easements required in subsections A4b through A4e of this section must be recorded as a covenant on the applicable lots. Proof of such recording must be submitted prior to issuance of a building or occupancy permit.

         b.   Setbacks: The side setback on one side of the dwelling may be reduced to zero. The other side setback must be at least ten feet (10'). A restriction must be recorded on the deed of each applicable lot to ensure that these setbacks are retained in perpetuity. A zero side lot line is not permitted for a side lot line that is also a street lot line or for side setbacks adjacent to lots that are not part of the zero lot line project. (See figure 4B.4 below.)

         c.   Vehicular Access: Vehicular access points and garage entrances must comply with the provisions of chapter 5, article C, "Access Management Standards", of this title and the single-family site development standards as set forth in chapter 2, article A of this title. In the MU zone, more restrictive standards apply. (See subsection 14-2C-9N of this title.)

         d.   Maintenance: A permanent access and maintenance easement shall be secured from the owner of the lot that abuts the zero lot line side of the dwelling. The easement must ensure access for maintenance of the exterior portion of the building wall located on the lot line and other common elements, such as drives and aisles.

         e.   Privacy: On the zero lot line side of the dwelling, windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Clerestory windows or translucent windows that do not allow visibility into the side yard of the adjacent lot are allowed.

      5.   Two-Family Uses

         a.   Central Planning District: Two-family uses located in the central planning district must comply with the provisions of subsection 14-2B-6I, "Additional Standards In Central Planning District", of this title, which will be administered through the design review process as set forth in chapter 8, article B, "Administrative Approval Procedures", of this title.

         b.   Entrances:

            (1)    The main entrance(s) must be visible from and oriented towards the street. To meet this standard, the main entrance must face the street, be at an angle of up to forty five degrees (45°) from the street, or open onto a porch. The main entrance(s) may not face an alley or private rear lane.

            (2)   The duplex must have a paved connection between the main pedestrian entrance(s) and the public sidewalk or the fronting street in cases where a sidewalk is not provided.

            (3)   If parking is located at the rear of a dwelling, a second entrance to the dwelling must be provided within twenty feet (20') of the rear facade of the dwelling on either the rear or side facade of the dwelling.

         d.   Design Features:

            (1)   All windows, doors, and roof eaves, including roof eaves on porches, must be demarcated with trim. The city may waive this requirement in cases where the building has an exterior material of stucco or masonry such that trim is impractical or inappropriate to the design of the building.

            (2)   All roof eaves must project at least twelve inches (12") from the building wall.

            (3)   Exposed, unpainted or unstained lumber may not be used along any building wall that faces a street-side lot line.

         e.   Garages:

            (1)   In the RS-5 and RS-8 zones, there may be no more than one doublewide or two singlewide garage openings facing any street unless the parking is set back at least fifteen feet (15') from the front of the building façade. For the purposes of this section, a porch is considered part of the building façade. Doublewide openings may not exceed twenty feet (20') in width; singlewide openings may not exceed ten (10') in width.

            (2)   The length of any garage wall that faces a street-side lot line may not exceed sixty percent (60%) of the total length of the building facade that faces the same street-side lot line. On corner lots, only the garage wall(s) containing a garage door must meet this standard. In the MU zone, garages are exempt from this standard, but are subject to the standards of subsection 14-2C-9N, "Single-Family Uses And Two-Family Uses In MU Zone", of this title.

         f.   Vehicular Access:

            (1)   Vehicular access points and garage entrances must comply with the provisions of chapter 5, article C, "Access Management Standards", of this title and the single-family site development standards as set forth in chapter 2, article A of this title. Two-family uses located in the MU zone are also subject to the standards of subsection 14-2C-9N, "Single-Family And Two-Family Uses In MU Zone", of this title.

            (2)   If the lot width is less than eighty feet (80'), vehicular access is restricted to an alley or private rear lane. Corner lots and double frontage lots are exempt from this standard if the vehicular access for one of the dwelling units is located along a different street than the vehicular access of the other dwelling unit, or if vehicular access for both dwelling units is located along a street where the front setback line is at least eighty feet (80') in length. (See definitions of "lot width" and "setback line, front" in section 14-9A-1 of this title.)

            (3)   Where a private rear lane or public alley is present, garage entrances/exits must be accessed from said private rear lane or public alley.

      6.   Group Households: Group households are permitted within any housing type allowed in the base zone, provided the following conditions are met:

         a.   The proposed use must meet the definition of "elder group home", "elder family home", "parental group home", or "family care home".

         b.   The proposed use must comply with all the approval criteria and base zone standards for the housing type within which the group household is located. For example, a group household located within a two-family use in the RS-8 zone must comply with the conditions listed in subsection A5 of this section.

         c.   All the individuals residing in the proposed use must live as one household or family. The dwelling may not contain separate apartments.

         d.   The owner of the dwelling within which the group household is located must obtain a rental permit from the city.

      7.   Multi-Family Uses In Commercial Zones

         a.   Location: The proposed dwelling units must be located above the street level floor of a building, except as provided in subsections A7e and A7f of this section.

         b.   Maximum Density: The residential density standards for multi- family uses in commercial zones are stated in section 14-2C-4, "Dimensional Requirements", table 2C-2(c) of this title.

         c.   Residential Entrances:

            (1)   To provide safe access for residents, any building containing a residential use must have at least one door that provides pedestrian access to the dwelling units within the building. Said entrance must be located on an exterior building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley.

            (2)   Access to entrance doors of any individual dwelling units located above the ground level floor of a building must be provided from an enclosed lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways are prohibited. However, the city may allow exterior fire egress structures on existing buildings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street.

            (3)   To facilitate commercial uses at the street level, the ground level floor height should be no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza. The City may adjust this requirement for sloping building sites, for multi-family buildings with no commercial component, or for existing buildings. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than three feet (3') above the level of the abutting public sidewalk or pedestrian plaza at any point along a street-facing building facade.

         d.   Standards For Ground Level Floor Of Building:

            (3)   In the CB-10 zone, for the first two (2) floors of a building, construction must meet the building code specifications for commercial uses.

               (A) The main entrance to the building is at or near grade;

               (B) The front facade of the building is located within ten feet (10') of the front property line;

               (C) The front facade of the building contains ground floor storefront or display windows; and

         f.   CB-5 Form Based Code Exception: For properties zoned CB-5 located within the area bounded by Gilbert Street, Van Buren Street, Burlington Street and the midblock alley south of Jefferson Street, residential uses are allowed on the ground level floor of buildings, provided the following conditions are met:

            (1)   In lieu of the standards in subsections A7c and A7d of this section, the proposed ground level dwelling units must be located within one of the following building types, as described in the form based zoning standards in section 14-2G-5, "Building Type Standards", of this title:

               (A)   Apartment building;

               (B)   Multi-dwelling building;

               (C)   Liner building;

               (D)   Townhouse.

            (2)   Building frontage(s) must be designed to meet the requirements of section 14-2G-4, "Frontage Type Standards", of this title, as applicable for the chosen building type.

            (3)   In lieu of the dimensional requirements and central business site development standards that generally apply in the CB-5 zone, buildings must comply with the same zoning standards that apply in the south Gilbert subdistrict of riverfront crossings as set forth in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this title, including all general requirements in section 14-2G-7 of this title. If the ground level dwelling units are proposed as an integral part of a larger project on the same property that includes a mix of building types, the standards that apply in the south Gilbert subdistrict shall apply to the entire project in lieu of the dimensional requirements and central business site development standards of the CB-5 zone.

            (4)   Buildings are subject to design review. Minor adjustments may be allowed by the design review committee as warranted according to the provisions of subsection 14-2G-7H of this title.

      8.   Assisted Group Living:

         a.   Maximum Density: Maximum density within an assisted group living use is as follows. For purposes of calculating maximum density, staff and live-in staff of a facility are not considered roomers.

            (1)   In the RM-12 zone: One roomer per seven hundred fifty (750) square feet of lot area.

            (2)   In the RM-20, RNS-20, CN-1, CC-2, and MU zones: One roomer per five hundred fifty (550) square feet of lot area.

         b.   Facilities: The group living use must have bath and toilet facilities available for use by roomers in such numbers as specified in title 17, "Building And Housing", of this code. In addition, the occupants may have access to a communal kitchen, dining room, and other common facilities and services.

      9.   Independent Group Living: The maximum density and maximum occupancy standards for an independent group living use are as follows. Both density and occupancy limitations apply in all cases.

         a.   Maximum Density:

            (1)   In the RM-20 zone: One roomer per nine hundred (900) square feet of lot area.

            (2)   In the RM-44 and PRM zones: One roomer per five hundred (500) square feet of lot area.

         b.   Maximum Occupancy: One roomer per three hundred (300) square feet of floor area within the independent group living use.

         c.   Facilities: The group living use must have bath and toilet facilities available for use by roomers in such numbers as specified in title 17, "Building And Housing", of this code. In addition, the occupants shall have access to kitchen facilities, a dining room, and other shared living spaces and common facilities related to the use.

         d.   Additional Approval Criteria For Special Exceptions: The proposed use must be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use such as the location, site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping and amount of paved areas to ensure that the proposed use is compatible with other residential uses in the neighborhood. The board may prohibit certain aspects of a use or impose conditions or restrictions to ensure compatibility. These conditions or restrictions may include, but are not limited to, additional screening, landscaping, pedestrian facilities; setbacks; location and design of parking facilities; location and design of buildings; establishment of a facilities management plan.

      10.   Fraternal Group Living: The maximum density and maximum occupancy standards for a fraternal group living use are as follows. Both density and occupancy limitations apply in all cases.

         a.   Maximum Density:

            (1)   In the RM-20 and RNS-20 zones: One roomer per nine hundred (900) square feet of lot area.

            (2)   In the RM-44 and PRM zones: One roomer per three hundred (300) square feet of lot area.

         b.   Maximum Occupancy: One roomer per three hundred (300) square feet of floor area within the fraternal group living use.

         c.   Facilities: The group living use must have bath and toilet facilities available for use by roomers in such numbers as specified in title 17, "Building And Housing", of this code. In addition, the occupants shall have access to kitchen facilities, a dining room, and other shared living spaces and common facilities related to the use.

         d.   Additional Approval Criteria For Special Exceptions: The proposed use must be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the location, site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping and amount of paved areas to ensure that the proposed use is compatible with other residential uses in the neighborhood. The board may prohibit certain aspects of a use or impose conditions or restrictions to mitigate any incompatibilities. These conditions or restrictions may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, location and design of buildings, establishment of a facilities management plan, and similar.

   B.   Commercial Uses:

      1.   Adult Business Uses:

         a.   The proposed use will be located at least one thousand feet (1,000') from any property containing an existing daycare use, educational facility use, parks and open space use, religious/private assembly use, or residential use.

         b.   The proposed use will be located at least one thousand feet (1,000') from any single-family or multi-family residential zone.

         c.   The proposed use will be located at least five hundred feet (500') from any other adult business use.

      2.   General Animal Related Commercial In CN-1, CH-1, CO-1, CC-2, CB-2, And CB-5 Zones:

         a.   In the CN-1, CO-1, CC-2, CB-2, and CB-5 zones all aspects of the operation of the facility, including any accessory uses, must be conducted completely indoors within a soundproof building.

         b.   In the CH-1 zone, all aspects of the operation of the facility must be conducted completely indoors within a soundproof building with the exception of private outdoor animal recreation uses, which are only allowed as an accessory use by special exception provided that the following criteria are met:

            (1)   Private outdoor animal recreation areas must be located at least four hundred feet (400') from any residential zone.

            (2)   No private outdoor animal recreational uses are allowed overnight.

            (3)   All private outdoor animal recreation areas must have secure fencing in place so that animals cannot escape.

            (4)   Animals shall not be permitted in a private outdoor animal recreation area unless a handler is present.

            (5)   Where private outdoor animal recreation facilities are accessed by the public, a double-entry gate is required.

            (6)   All private outdoor animal recreation areas must be kept in a clean, dry, and sanitary condition.

            (7)   Private outdoor animal recreation areas shall be located in an interior side or rear yard and screened from any right-of-way or adjacent residential zone by at least the S2 screening standard.

      3.   General And Intensive Animal Related Commercial In ID, RR-1 And CI-1 Zones:

         a.   In the ID zones and the RR-1 zone, any outdoor facilities, including unenclosed stable areas, outdoor dog runs and animal exercise areas must be set back at least one hundred feet (100') from any lot line. Overnight boarding facilities must be located completely indoors within a soundproof building. If all aspects of the operation, including any accessory uses, are conducted completely indoors within a soundproof building, then the setback requirements of this provision do not apply. However, the use is subject to any setback requirements of the base zone.

         b.   In the CI-1 zone, any facility with outdoor runs or exercise areas must be located at least four hundred feet (400') from any residential zone. Overnight boarding facilities must be located completely indoors within a soundproof building. If all aspects of the operation, including any accessory uses, are conducted completely indoors within a soundproof building, then the setback requirements of this provision do not apply. However, the use is subject to any setback requirements of the base zone.

      4.   Building Trade Uses In The CC-2 Zone:

         a.   All aspects of the operation must be conducted indoors; and

         b.   Except for fleet vehicle parking, outdoor storage of materials or equipment is not allowed.

      5.   Outdoor Commercial Recreational Uses In ID Zones And CC-2 Zone:

         a.   The proposed use will be designed and developed with adequate separation between outdoor activity areas and surrounding properties. Outdoor activity areas must be set back and separated from other uses or surrounding properties by distance, landscaping and/or screening as deemed appropriate for the intensity of the use.

         b.   The proposed use will be in compliance with title 6, chapter 4, "Noise Control", of this code. If the proposed use is located within four hundred feet (400') of a residential zone, the proposed use may not use sound amplifying equipment as a regular part of its operation.

         c.   The proposed hours of operation will be similar to or complementary to other uses in the area based on the projected intensity of the use, the specific characteristics of the locale, and the existing and future uses intended for the area according to the comprehensive plan.

      6.   Indoor Commercial Recreational Uses In CO-1 Zone: Indoor commercial recreational uses are limited to five thousand (5,000) square feet of gross floor area. The maximum size may be increased by special exception; provided, that the following criteria are met:

         a.   The increased floor area will be supportable primarily by employees of the surrounding businesses and by nearby residents.

         b.   The proposed use will be designed to be of similar scale and character to surrounding businesses and residences.

         c.   The proposed exception will be consistent with the stated intent of the CO-1 zone.

      7.   Indoor Commercial Recreational Uses In CN-1 Zone: Indoor commercial recreational uses are limited to five thousand (5,000) square feet of gross floor area.

      8.   Indoor Commercial Recreational Uses In RDP And ORP Zones:

         a.   The proposed use will primarily serve employees of the firms located within the subject RDP or ORP zone.

         b.   The proposed use will not significantly alter the overall character of the research park zone and will not inhibit future development of office, light industrial, and research firms for which the zone is primarily intended.

         c.   The proposed use will be compatible with surrounding uses with regard to building design, site design, traffic circulation, and signage.

      9.   Commercial Parking In CB-2, CB-5 And CB-10 Zones: Commercial parking is limited to parking facilities owned and operated by the municipal government.

      10.   Eating And Drinking Establishments In CN-1, MU, And CO-1 Zones:

         a.   The occupancy load for any one establishment will not exceed one hundred (100), except as allowed in subsection B10c of this section.

         b.   Drive-through windows and drive-through lanes are prohibited.

         c.   In the CN-1 zone, the maximum occupancy load may be increased to one hundred twenty five (125) by special exception; provided, that the following criteria are met:

            (1)   The increased floor area will be supportable primarily by residents of the surrounding area.

            (2)   The proposed exception will result in a more attractive neighborhood commercial development due to the presence of outdoor eating areas that enhance the pedestrian orientation of the development, additional parking lot landscaping, additional vegetative buffers, or other site improvements.

            (3)   The proposed exception will be consistent with the stated intent of the CN-1 zone.

         d.   Drinking establishments are not allowed in the MU and CO-1 zones.

         e.   In any CN-1 zone within the university impact area, as illustrated in section 14-2B-6, map 2B.1 of this title, or the riverfront crossings district, as illustrated in section 14-2C-11, figure 2C.8 of this title, a "drinking establishment", as defined in this title, must be separated by a minimum distance of five hundred feet (500') from any other drinking establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other drinking establishment. For example, in the case of a drinking establishment that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a drinking establishment to the nearest property line or leased building space of any other drinking establishment.

      11.   Drinking Establishments In The CH-1, CI-1, CC-2, CB-2, CB-5, And CB-10 Zones: Within the university impact area, as illustrated in section 14-2B-6, map 2B.1 of this title, or the riverfront crossings district, as illustrated in section 14-2C-11, figure 2C.8 of this title, a "drinking establishment", as defined in this title, must be separated by a minimum distance of five hundred feet (500') from any other drinking establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other drinking establishment. For example, in the case of a drinking establishment that is located on a lot with multiple leased building spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a drinking establishment to the nearest property line or leased building space of any other drinking establishment.

      12.   Quick Vehicle Servicing:

         a.   All vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes, must be screened from the public right of way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a residential zone boundary. (See chapter 5, article F, "Screening And Buffering Standards", of this title.)

         b.   Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abutting streets.

         c.   Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary.

         d.   All lighting must comply with the provisions of chapter 5, article G, "Outdoor Lighting Standards", of this title.

         e.   In the CN-1, CB-2, and CB-5 zones, the proposed use will be designed and developed with adequate separation and screening between vehicular use areas and adjacent residential zones.

         f.   In the CN-1, CB-2, and CB-5 zones, car washes may contain no more than one bay and are permitted only if built in conjunction with another quick vehicle servicing use. The car wash must be located adjacent to and on the same property as the other quick vehicle servicing use and must be set back an adequate distance and screened to the S3 standard along any side or rear lot line that abuts a residential zone boundary.

         g.   In the CN-1 zone, no light source on the property, except for internally lit signs, shall be higher than fifteen feet (15') above finished grade.

         h.   For properties located in the towncrest design review district, quick vehicle servicing uses are only allowed by special exception and must comply with the central business site development standards, as they would be applied to a property in the CB-5 zone, except as otherwise allowed by subsection B12j of this section.

         i.   For properties located in the riverfront crossings district and eastside mixed use district, quick vehicle servicing uses are only allowed by special exception in certain locations and must comply with the standards set forth in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this title.

         j.   For properties located in the CB-2 zone, CB-5 zone, riverfront crossings district, eastside mixed use district, or towncrest design review district, where it can be demonstrated that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in subsections B12h and B12i of this section, the board of adjustment may grant a special exception to modify or waive the provision, provided that the intent of the development standards is not unduly compromised. The board of adjustment may impose any condition or conditions that are warranted to mitigate the effects of any variation from these development standards.

      13.   Office Uses In CN-1 Zone: Each office use is limited to five thousand (5,000) square feet of gross floor area. Of this five thousand (5,000) square feet, no more than two thousand four hundred (2,400) square feet may be located on the ground floor of a building.

      14.   Personal Service Oriented Retail In PRM Zone:

         a.   The proposed use is limited to two thousand four hundred (2,400) square feet of gross floor area.

         b.   The proposed use will be supportable primarily by residents of the surrounding area.

         c.   The proposed use will not be contrary to the intent of the PRM zone.

         d.   Crematoriums, if proposed as a principal use, are not permitted in this zone. Crematoriums are allowed if they are accessory to a funeral home and meet all other provisions of this subsection B14.

      15.   Sales Oriented, Personal Service Oriented, And Alcohol Sales Oriented Retail Uses In The CN-1 Zone:

         a.   Each such use is limited to two thousand four hundred (2,400) square feet of gross floor area, except as follows:

            (1)   Drugstores and hardware stores may contain up to fifteen thousand (15,000) square feet of gross floor area.

            (2)   Grocery stores, including sales of specialty food items, such as bakery and delicatessen goods, may contain up to thirty thousand (30,000) square feet of gross floor area. Grocery stores that include other departments for goods and services allowed in the CN-1 zone may contain up to forty thousand (40,000) square feet of gross floor area; provided, that any floor area that exceeds thirty thousand (30,000) square feet is departmentalized for nonfood products and services.

            (3)   Except for the uses listed in subsections B15a(1) and B15a(2) of this section, the limit on floor area for any one use may be increased from two thousand four hundred (2,400) square feet up to five thousand (5,000) square feet by special exception; provided, that the following criteria are met:

               (A)   The increased floor area will be supportable primarily by residents of the surrounding area.

               (B)   The proposed exception will be consistent with the stated intent of the CN-1 zone.

         b.   Crematoriums, if proposed as a principal use, are not permitted in this zone. Crematoriums are allowed if they are accessory to a funeral home and meet all other provisions of this subsection B15.

      16.   Sales Oriented, Personal Service Oriented, And Alcohol Sales Oriented Retail Uses In The MU Zone:

         a.   Any such use is limited to two thousand four hundred (2,400) square feet of gross floor area.

         b.   The limit on floor area for any one use may be increased from two thousand four hundred (2,400) square feet up to five thousand (5,000) square feet by special exception; provided, that the following criteria are met:

            (1)   The increased floor area will be supportable primarily by residents of the surrounding area.

            (2)   The proposed exception will be consistent with the stated intent of the MU zone.

         c.   Crematoriums, if proposed as a principal use, are not permitted in this zone. Crematoriums are allowed if they are accessory to a funeral home and meet all other provisions of this subsection B16.

      17.   Sales Oriented, And Alcohol Sales Oriented Retail In The CH-1 Zone: Sales oriented and alcohol sales oriented retail uses are limited to convenience stores associated with quick vehicle servicing uses.

      18.   Hospitality Oriented Retail In The RM-44, PRM, MU, CO-1, And CN-1 Zones:

         a.   Hospitality oriented retail is limited to "guesthouses" as defined in chapter 9, article A, "General Definitions", of this title.

         b.   Any accessory dining and/or bar service is limited to guests only and may not be open to the general public.

      19.   Hospitality Oriented Retail In RDP And ORP Zones:

         a.   The proposed use will be located on a lot along the periphery of the ORP or RDP zone such that traffic to and from the proposed use will not adversely affect the office, light industrial, and research firms for which the zone is primarily intended.

         b.   The proposed use will not significantly alter the overall character of the research park zone and will not inhibit future development of office, light industrial, and research firms for which the zone is primarily intended.

         c.   The proposed use will be compatible with surrounding uses with regard to building design, site design, traffic circulation, and signage.

      20.   Outdoor Storage And Display Oriented Retail In CC-2 Zone:

         a.   Outdoor storage of materials must be concealed from public view to the extent possible. If it is not feasible to conceal the storage areas behind buildings, the storage areas must be set back at least twenty feet (20') from any public right of way, including public trails and open space, and screened from view to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) If a fence is built around the storage area, the required screening must be located between the fence and the public right of way.

         b.   All outdoor storage areas that are located along a side or rear lot line that does not abut a public right of way must be set back at least ten feet (10') from said lot line and screened from view of the adjacent property to at least the S3 standard. If a fence is built around the storage area, the required screening must be located between the fence and the adjacent property.

         c.   The landscape screening requirement for outdoor storage areas may be waived by the building official upon presentation of convincing evidence that a planting screen cannot be expected to thrive because of intense shade, soil conditions, or other site characteristics. The presence of existing pavement, by itself, shall not constitute convincing evidence. If the landscape screening requirement is waived by the building official, a fence built to the S5 standard must be substituted for the landscape screening.

         d.   Outdoor display of merchandise for immediate sale must be set back at least ten feet (10') from public rights of way and landscaped to at least the S1 standard.

         e.   Any outdoor display area located along a side or rear lot line that does not abut a public right of way must be set back at least ten feet (10') from said lot line and screened to at least the S2 standard. If the display area is adjacent to a residential zone boundary, it has to be screened to the S3 standard.

         f.   The landscape screening requirement for outdoor display may be waived by the building official upon presentation of convincing evidence that a planting screen cannot be expected to thrive because of intense shade, soil conditions, or other site characteristics. The presence of existing pavement, by itself, shall not constitute convincing evidence.

      21.   Vehicle Repair In CC-2, CI-1, CH-1, And CB-2 Zones:

         a.   The property containing the vehicle repair use must be located at least one hundred feet (100') from any residential zone boundary, except in the CB-2 and CI-1 zones. In the CB-2 zone, the property containing the vehicle repair use must be located at least seventy feet (70') from any residential zone boundary. In the CI-1 zone, if a vehicle repair use is located on a property that abuts a residential zone boundary, the use must comply with the following additional standard:

            (1)   In addition to the applicable noise control provisions set forth in section 6-4-2 of this code, all outdoor work operations are prohibited between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. Any indoor operations that result in noise exceeding sixty (60) dBA as measured at the residential zone boundary are prohibited between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

         b.   No vehicle shall be stored on the property for more than forty five (45) continuous days.

         c.   The site must be designed to minimize views of vehicular use areas from the public right-of-way and from adjacent properties.

            (1)   Outdoor storage areas, including storage of vehicles to be repaired, must be concealed from public view to the extent possible. If it is not feasible to conceal the storage areas behind buildings, the storage areas must be set back at least twenty feet (20') from any public right-of-way, including public trails and open space, and screened from public view to at least the S3 standard.

            (2)   Other vehicular use areas that abut the public right-of-way, including parking and stacking spaces, driveways, aisles, and service lanes, must be set back at least ten feet (10') from the public right-of-way and landscaped according to the S2 standard.

            (3)   All outdoor storage areas that abut other properties must be fenced to the S5 standard and screened to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) Landscape screening must be located between the fence and the abutting property. The landscape screening requirement may be waived by the Board of Adjustment (in the case of a special exception) or by the building official, upon presentation of convincing evidence that a planting screen cannot be expected to thrive because of intense shade, soil conditions, or other site characteristics. The presence of existing pavement, by itself, shall not constitute convincing evidence.

      22.   Delayed Deposit Service Uses In The CC-2 Zone:

         a.   The use is licensed by the State of Iowa; and

         b.   The use will be located at least one thousand feet (1,000') from any property containing any existing daycare use, educational facility use, parks and open space use, religious/private assembly use, or residential use;

         c.   The proposed use will be located at least one thousand feet (1,000') from any other delayed deposit service use.

      23.   Alcohol Sales Oriented Retail Uses In The CB-2, CB-5, And CB-10 Zones: An alcohol sales oriented retail use must be separated by a minimum distance of one thousand feet (1,000') from any other alcohol sales oriented retail use. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other alcohol sales oriented retail use. For example, in the case of an alcohol sales oriented retail use that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by an alcohol sales oriented retail use to the nearest property line or leased building space of any other alcohol sales oriented retail use.

   C.   Industrial Uses:

      1.   Technical/Light Manufacturing And General Manufacturing In CC-2, CB-2, CB-5, And CB-10 Zones:

         a.   The proposed use is limited to a "cottage industry" as defined in chapter 9, article A, "General Definitions", of this title.

         b.   The proposed use is limited to five thousand (5,000) square feet of gross floor area, excluding floor area devoted to other principal or accessory uses, except as provided in subsection C1e of this section.

         c.   The proposed use meets the performance standards for off site impacts contained in chapter 5, article H, "Performance Standards", of this title. The City may require certification of compliance from a registered professional engineer or other qualified person.

         d.   The following general manufacturing uses are prohibited:

            (1)   The manufacturing of chemicals and allied products.

            (2)   Any manufacturing establishment that includes milling or processing of grain.

            (3)   Leather tanning.

            (4)   Manufacturing of motor vehicles.

            (5)   Manufacture or processing of rubber or plastics.

            (6)   Textile mills.

         e.   The limit on floor area for a proposed use may be increased from five thousand (5,000) square feet up to fifteen thousand (15,000) square feet by special exception.

      2.   Technical/Light Manufacturing And General Manufacturing In CI-1 Zone:

         a.   The proposed use is limited to five thousand (5,000) square feet of gross floor area, excluding floor area devoted to other principal or accessory uses, except as provided in subsection C2d of this section.

         b.   The proposed use meets the performance standards for off site impacts contained in chapter 5, article H, "Performance Standards", of this title. The city may require certification of compliance from a registered professional engineer or other qualified person.

         c.   The following general manufacturing uses are prohibited in the CI-1 zone:

            (1)   The manufacturing of chemicals and allied products.

            (2)   Any manufacturing establishment that includes milling or processing of grain.

            (3)   Leather tanning.

            (4)   Manufacture of motor vehicles.

            (5)   Manufacture or processing of rubber and plastics.

            (6)   Textile mills.

         d.   The limit on floor area for a proposed use may be increased from five thousand (5,000) square feet up to fifteen thousand (15,000) square feet by special exception.

      3.   General Manufacturing In I-1 Zone: Any manufacturing establishment that includes milling or processing of grain must comply with the following standards:

         a.   All manufacturing, processing, storage, and packaging must be conducted within completely enclosed buildings.

         b.   All transferring of raw materials and finished products must be conducted within completely enclosed buildings, by pneumatic tubes, or by sealed containers.

         c.   Prior to issuance of a certificate of occupancy, the grain milling and processing operation must submit documentation demonstrating that the Iowa department of natural resources (IDNR) or its successor has approved the application and permit to install or alter equipment or control equipment if the IDNR or its successor requires such a permit.

      4.   Heavy Manufacturing In CI-1 And I-1 Zones: Heavy manufacturing uses in the CI-1 and I-1 zones are limited to concrete batch/mix plants. Concrete batch/mix plants must meet the following standards:

         a.   The proposed use must be located at least five hundred feet (500') from any residentially zoned property.

         b.   All proposed outdoor storage and work areas must be located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties.

         c.   Traffic circulation and access points must be designed to prevent hazards to adjacent streets or property.

      5.   Salvage Operations:

         a.   The proposed use must be located at least one thousand feet (1,000') from any residentially zoned property.

         b.   All outdoor storage and work areas must be completely enclosed by a fence built to at least the S5 standard such that outdoor storage or salvage operations are not visible from adjacent properties, streets, or highways. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) Salvage materials may not be piled against the fence or piled higher than the height of the fence. In areas that are not visible from streets, other public rights of way, or the Iowa River, and where nearby uses will not be harmed, the board of adjustment may approve a semiopaque or open pattern fence in certain situations as described below:

            (1)   Where the view is or will be blocked by a significant change in grade or by natural or humanmade features, such that the screening is effectively provided or the intent of the standard is met; or

            (2)   Where the adjacent property is unlikely to be developed, is not visible to the public, and is unlikely to be harmed by an alternative fencing requirement; or

            (3)   Where the adjacent property is zoned industrial and the area on the adjacent property that abuts the fence is or is likely to be an outdoor work or storage area rather than a part of the property that would be highly visible to the public or to customers or clients of adjacent businesses.

         c.   For fire protection, a fifteen foot (15') wide, unobstructed firebreak, which completely surrounds the use, must be established and maintained.

         d.   The storage of rags, paper and similar combustible waste may not be stored closer than one hundred feet (100') from any property line unless enclosed in a masonry building of not less than four (4) hour, fire resistive construction.

      6.   Warehouse And Freight Movement In RDP And ORP Zones:

         a.   The proposed use must be associated with a technical/light manufacturing or office use allowed in the RDP or ORP zone.

         b.   Warehouse facilities may occupy up to sixty percent (60%) of the total gross floor area of the building or buildings on the site.

         c.   Warehouse and freight movement facilities may not be located between the building(s) that house the technical/light manufacturing or office use and any street right of way.

         d.   Outdoor storage of products or merchandise is not permitted. Outdoor work areas and loading areas must be screened from public view to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.)

      7.   Waste Related Uses In I-1 And I-2 Zones: Waste related uses are limited to recycling processing facilities. Recycling processing facilities must meet the following standards:

         a.   All unloading, processing, and storage of materials, including discarded, recyclable, or processed materials, must be conducted within completely enclosed buildings, except as follows:

            (1)   Outdoor storage is limited to those materials that are intended for reuse, remanufacture, or reconstitution, and not for final disposal in a landfill, by incineration, or by other means. If outdoor storage is proposed, a management plan to control the spread of litter and debris must be submitted and approved as a part of site plan review. The screening standards referenced in subsections C7a(2) through 7Ca(6) of this section are minimum standards and may be supplemented with additional walls, fencing, or landscaping to control the spread of litter and debris.

            (2)   Outdoor storage areas, including the storage of empty waste containers and collection vehicles, must be screened from view of adjacent commercially zoned properties to at least the S3 or S5 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) Outdoor storage areas within view of property in a residential zone or within public view, as defined in this title, must be screened from public view to at least the S3 standard.

            (3)   Paper products, cardboard, plastic, and other similar materials may not be stored outdoors unless they have been processed by baling, palletizing, or other means to control the spread of litter.

            (4)   Outdoor storage of unprocessed materials is limited to glass, metal, or other materials that are not easily dispersed by wind. If stored outdoors, these materials must be stored in containers or structures designed to control the spread of litter and debris.

            (5)   Collection containers for recyclable materials that are open to the public may be located outdoors; provided, that the containers are designed to control the spread of litter and debris. Any public collection area located within public view, as defined in this title, or within view of residentially zoned property must be screened to at least to the S3 standard.

            (6)   Outdoor storage of discarded tires or appliances is limited to one thousand five hundred (1,500) square feet of lot area. The storage area must be located and fenced according to the S5 standard such that it is not visible from any adjacent property or street. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) Materials may not be piled against the fence or higher than the height of the fence. Tires may not be stored closer than one hundred feet (100') to any property line. Mosquito abatement measures must be incorporated into the design of any outdoor storage area that contains tires.

         b.   In the I-1 zone, outdoor storage areas and public collection areas may not be located between any building and the street right of way. In cases where an outdoor storage area cannot physically be located anywhere but between a building and the street right of way, the city may approve the location if properly screened.

      8.   Wholesale Sales In RDP And ORP Zones: In the RDP and ORP zones, Wholesale sales is permitted, provided that the products sold are produced by an office or technical/light manufacturing use located on the same property.

      9.   Wholesale Sales In CC-2, CB-2, CB-5, And CB-10 Zones:

         a.   Wholesale sales (as a principal or accessory use) is allowed if in conjunction with a retail use or an eating and drinking establishment.

         b.   Any on site accessory storage or warehouse facilities must not exceed forty percent (40%) of the floor area of the principal uses on the property as stated in subsection 14-4C-2W, "Storage Buildings And Warehouse Facilities", of this title.

      10.   Self-Service Storage In CC-2 Zones:

         a.   All self-service storage units or areas shall be completely within conditioned space, as defined in the Building Code. No outdoor storage is allowed.

         b.   Self-service storage units shall not be individually accessible from the outside, and no more than two (2) garage or overhead doors shall provide access into the building. Said doors shall only be provided at the rear of the building.

         c.   A substantial portion of the front building facade must accommodate other allowable commercial uses. Self-service storage uses are not allowed within the first thirty feet (30') of the front building depth as measured from the overhang of the roof, except for the primary entrance to the self-service storage areas. This primary entrance shall not exceed thirty percent (30%) of the width of the self-service storage use’s building facade and may consist of a hallway, lobby, and/or retail storefront. Individual self-service storage units shall not be allowed within this primary entrance area.

         d.   Buildings containing self-service storage uses shall be considered a large retail use as it relates to the site development standards set forth in Section 14-2C-6K.

   D.   Institutional And Civic Uses:

      1.   Basic Utility Uses:

         a.   Basic Utility Uses Enclosed Within Buildings: Basic utility uses are permitted within a building, provided the use is completely enclosed, and there is no visible indication of the existence of the use from the exterior of the building.

         b.   Basic Utility Uses Not Enclosed Within A Building:

            (1)   In the ID-I, I-1 and I-2 zones, basic utility uses not enclosed within a building are permitted, provided the use is located at least two hundred feet (200') from any residential zone and is screened from view of public rights-of-way to at least the S3 standard. To ensure public safety, the City may also require that the use be enclosed by a fence. Basic utility uses that cannot meet the two hundred foot (200') separation requirement may apply for a special exception from the Board of Adjustment as described in subsection D(1)b(2) of this section.

            (2)   In all commercial zones, the RDP and ORP zones, and the P-1, ID-C and ID-RP zones, basic utility uses not enclosed within a building are permitted only by special exception. Proposed uses must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. The proposed use must be compatible with surrounding structures and uses with regard to safety, size, height, scale, location, and design, particularly for facilities that will be located close to or within view of a residential zone. For uses located in highly visible areas, the Board may consider additional design elements such as masonry or brick facades, and walls or fencing to improve public safety and to soften the visual impact of the proposed use. Water and sanitary sewer pumps or lift stations approved by the City as part of subdivision or site plan approval do not require special exception approval from the Board of Adjustment.

            (3)   In the ID-RP and the ORP zone, the Board of Adjustment may grant a special exception to reduce the minimum lot size for a basic utility use; provided that the facility will be located, screened, and landscaped in a manner that will not detract from surrounding properties or prevent development of an attractive entranceway to an existing or future office research park.

      2.   Private Colleges And Universities In RDP And ORP Zones:

         a.   The proposed use will be located such that traffic to and from the proposed use will not adversely affect the office, light industrial, and research firms for which the zone is primarily intended.

         b.   The proposed use will not significantly alter the overall character of the research park zone and will not inhibit future development of office, light industrial, and research firms for which the zone is primarily intended. The board will consider such factors as size and scale of the development, projected traffic generation, and whether adequate transportation, transit, and pedestrian facilities exist to support the proposed use.

         c.   The proposed use will be compatible with surrounding uses with regard to building design, site design, traffic circulation, and signage.

      3.   General Community Service Uses In RM-12, RM-20, RNS-20, RM-44, PRM, MU, And CN-1 Zones:

         a.   Community service uses are limited to "neighborhood centers", as defined in chapter 9, article A, "General Definitions", of this title.

         b.   If the proposed use is located in a residential zone or the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.

      4.   General Community Service Uses In CI-1 And I-1 Zones: The proposed use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended. The board will consider such factors as size and scale of the development, projected traffic generation, and whether adequate transportation, transit, and pedestrian facilities exist to support the proposed use. Community service uses that are industrial or repair oriented in nature or that include operations that require outdoor work areas may be particularly suited to these zones.

      5.   Community Service - Shelter Uses:

         a.   Maximum Density:

            (1)   In the RM-12 and MU zones: Seven hundred fifty (750) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident.

            (2)   In the RM-20, RNS-20, and CO-1 zones: Five hundred fifty (550) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident.

            (3)   In the RM-44, PRM, CI-1, CC-2, and CB-2 zones: A minimum of three hundred (300) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident is required.

         b.   Nuisance Issues: The proposed use will not have significant adverse effects on the livability of nearby residential or commercial uses due to loitering, noise, glare from lights, late night operations, odors, outdoor storage, and litter. The applicant must submit a site plan and a shelter management plan that address these issues. The management plan must include a litter control plan, a loitering control plan, a plan for on site security, and a conflict resolution procedure to resolve nuisance issues if they occur. The site plan and shelter management plan must be submitted along with the application for a special exception, or if allowed as a provisional use, such plan must be included with the materials submitted for site plan review.

         c.   Site Development Standards:

            (1)   If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi- family site development standards as set forth in section 14-2B-6 of this title.

            (2)   In the CB-5 and CB-10 zones, community service/shelter uses must be located above the street level floor of a building.

            (3)   The proposed facility must comply with the minimum standards as specified in the Iowa City housing code, as amended.

      6.   Reserved.

      7.   Daycare Uses:

         a.   Required Interior Activity Areas: Child daycare centers must contain at least thirty five (35) square feet of usable interior floor space per child. Adult daycare centers must contain a minimum of sixty (60) square feet of usable floor area per adult client. An additional twenty (20) square feet of floor area is required for every adult client who uses ambulatory aids. Reception areas, kitchens, storage areas, offices, bathrooms, hallways, treatment rooms, and specialized areas used for therapy are excluded when calculating the required floor area. The dining area may only be included in the square footage calculation if used by daycare participants for activities other than meals. When collocated in a facility that houses other uses or services, the proposed daycare use must have its own separate identifiable space for program activities during operational hours.

         b.   Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of not less than one hundred (100) square feet per child based on the maximum number of children that will be using the outdoor play area at any given time. The outdoor play area must meet the following standards:

            (1)   Playground equipment is not permitted within the front and side setbacks.

            (2)   Outdoor play areas must be well drained, free from hazards, and readily accessible to the daycare center. In residential zones, outdoor play areas must be completely enclosed by a fence at least four feet (4') in height. In commercial and industrial zones, the outdoor play area must be completely enclosed by a fence built to the S4 standard and be screened along the perimeter of the fence to the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) The city may waive the screening requirement if it is determined that land uses surrounding the daycare use will not pose a nuisance or safety hazard to the children such that a screening buffer is necessary.

         c.   Vehicular Circulation: The use must provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way. (See minimum parking requirements for daycare in section 14-5A-4, table 5A-2 of this title.) To promote safe vehicular circulation, one-way drives are encouraged.

         d.   Pedestrian Circulation: A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right of way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center.

         e.   Site Development Standards: If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title. Daycare facilities that are accessory uses are exempt from this provision.

      8.   Detention Facilities:

         a.   The proposed use will be located at least one thousand feet (1,000') from any property containing an existing daycare use, educational facility use, parks and open space use, religious/private group assembly use or residential use.

         b.   The proposed use will be located at least one thousand feet (1,000') from any residential zone.

         c.   The proposed use will be located at least five hundred feet (500') from any other detention facility.

         d.   The facility and its operations will not pose an unreasonable safety risk to nearby uses and residents. The applicant must submit to the board of adjustment a detailed plan for on site security.

      9.   General Education Facilities In The CC-2 Zone:

         a.   The use will be functionally compatible with surrounding uses and will not inhibit retail and service uses for which the zone is primarily intended. The board may consider such factors as site layout, size and scale of the development, and traffic circulation.

         b.   The use must provide a drop off/pick up area in a location that is convenient to, or has good pedestrian access to, the entrance to the facility. The drop off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way.

         c.   The site must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation to the school according to the standards set forth in subsection 14-2C-6F, "Pedestrian, Bicycle, And Vehicular Circulation", of this title. Pedestrian walkways must be established connecting the main entrance(s) of the school to adjacent public sidewalks and trails.

      10.   General Educational Facilities In RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, And CO-1 Zones:

         a.   The number of off street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The board of adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use.

         b.   If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.

      11.   General Educational Facilities In RS-5, RS-8, RS-12, And RNS-12 Zones:

         a.   The following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-2A-4B5, "Adjustments To Principal Building Setback Requirements", of this title.

            (1)   Front: Twenty feet (20').

            (2)   Side: Twenty feet (20').

            (3)   Rear: Fifty feet (50').

         b.   The proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings.

         c.   Given that large parking lots can seriously erode the single- family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use.

         d.   The proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter.

         e.   The building official may grant approval for the following modifications to an educational facility, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located:

            (1)   An accessory storage building less than five hundred (500) square feet in size.

            (2)   A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building.

         f.   If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.

      12.   Specialized Educational Facilities In PRM, MU, And CN-1 Zones:

         a.   Any such use is limited to two thousand four hundred (2,400) square feet of gross floor area.

         b.   If the proposed use is located in the PRM or MU zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.

      13.   Specialized Educational Facilities In The CI-1 Zone: The use will be functionally compatible with surrounding uses, such that the health and safety of clients/students are not compromised. The board will consider factors such as the types of businesses that predominate in the immediate vicinity, whether there are any significant negative externalities created by these uses, such as excessive noise, dust, or vibrations from outdoor work areas that may pose a health or safety risk to clients/students of the proposed use; and where such negative externalities exist, whether the building(s) and site can and will be designed to mitigate the harmful effects.

      14.   Hospitals In CO-1 Zone: Hospitals that existed prior to 1963, are exempt from and may expand without compliance with the maximum height and FAR standards of the CO-1 zone.

      15.   Parks And Open Space:

         a.   Any new cemetery use must be located on a site containing at least five (5) acres. Other shared private open space uses are exempt from the minimum lot requirements of the base zone in which they are located.

         b.   The following uses and facilities are regulated as accessory uses and are subject to the regulations of article C, "Accessory Uses And Buildings", of this chapter:

            (1)   Accessory uses within shared private open space areas: Swimming pools, tennis courts, boat ramps, and other recreational facilities. These are recreational facilities that are shared among residents of the surrounding properties and are maintained and operated by a common homeowners' or residents' association. Recreational, sports, or athletic clubs operated as a commercial business and open to the general public to join are classified as commercial recreational facilities and are regulated as a principal use.

            (2)   Accessory uses within cemeteries: Mausoleums, chapels, and similar accessory facilities associated with funerals or burial.

            (3)   Accessory uses within golf courses: Clubhouses and driving ranges.

      16.   Religious/Private Group Assembly In ID-RM, ID-C, RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, And CO-1 Zones:

         a.   Religious institutions in existence prior to 1963, that are located in the RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 zones are exempt from and may expand without compliance with the required number of parking spaces.

         b.   Religious institutions located in the PRM zone that have parking areas that existed prior to March 1, 1992, and if such parking areas are within three hundred feet (300') of a commercial zone, the religious institution may lease up to and including two-thirds (2/3) of the required parking spaces within said parking areas to other users.

         c.   The number of off street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The board of adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use.

         d.   If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.

      17.   Religious/Private Group Assembly In ID-RS, RS-5, RS-8, RS-12, And RNS-12 Zones:

         a.   The following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-2A-4B5, "Adjustments To Principal Building Setback Requirements", of this title.

            (1)   Front: Twenty feet (20').

            (2)   Side: Twenty feet (20').

            (3)   Rear: Fifty feet (50').

         b.   The proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings.

         c.   Given that large parking lots can seriously erode the single- family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use.

         d.   The proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter.

         e.   The building official may grant approval for the following modifications to a religious/private group assembly use, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located:

            (1)   An accessory storage building less than five hundred (500) square feet in size.

            (2)   A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building.

         f.   If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title.

      18.   Utility-Scale Ground-Mounted Solar Energy Systems:

         a.   Any utility-scale ground-mounted solar energy systems may not be located closer than two hundred feet (200') from any residential zone, as measured from the property line of the residential zone.

         b.   Utility-scale ground-mounted solar energy systems must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. A utility-scale ground-mounted solar energy system may be exempt from S3 screening requirements if the system is located in a public zone and is used in part for educational purposes.

         c.   Utility-scale ground-mounted solar energy systems may not be closer than twenty feet (20') from all property lines, or according to the minimum setback requirements in the underlying base zone, whichever is greater.

         d.   Utility-scale ground-mounted solar energy systems shall be enclosed by security fencing. Fencing must be between six feet and eight feet (6' and 8') in height. Up to three (3) individual horizontal strands of barbed wire may be placed atop the fence. Barbed wire strands will not be included in the overall fence height measurement.

         e.   The maximum height of utility-scale ground-mounted solar energy systems shall be no greater than fifteen (15').

         f.   Any on-site lighting provided for the operational phase of the utility-scale ground-mounted solar energy system shall be equipped with full cutoff fixtures, shielded away from adjacent properties, and positioned downward to minimize light spillage onto adjacent properties.

         g.   Exterior surfaces of utility-scale ground-mounted solar energy system panels shall have a nonreflective finish to minimize glare and solar arrays shall be designed and installed to minimize glare towards vehicular traffic and any adjacent building.

         h.   Any utility-scale ground-mounted solar energy system that intends to locate in a commercial (CO-1, CN-1, CH-1, CI-1, CC-2, CB-2, CB-5, CB-10), research (RDP), office park (ORP), or interim development zone (ID-C, ID-RP,) must also satisfy the approval criteria for a special exception for a basic utility set forth in Section 14-4B-4D-1b-(2).

   E.   Other Uses:

      1.   Animal Related Agriculture In ID Zones:

         a.   Livestock feedlots must be located no closer than one-fourth (1/4) mile from any residential zone boundary.

         b.   Confinement feeding operations are prohibited.

      2.   Extraction:

         a.   Extraction is not permitted within one thousand feet (1,000') of a residential zone.

         b.   Proof of compliance with all state requirements, including all approvals and licenses referenced in subsections E2c through E2e of this section must be submitted to the city for review and approval prior to commencing extraction operations.

         c.   Approval for the withdrawal of water must be obtained from the Iowa department of natural resources, or its successor.

         d.   Approval for operation in a floodplain must be obtained from the Iowa department of natural resources, or its successor.

         e.   A license to operate the extraction use must be obtained from the Iowa department of agricultural and land stewardship, division of soil conservation, or its successor. Failure to maintain said license shall constitute abandonment.

      3.   Helicopter Landing Facilities In I-1, I-2, RDP, And ORP Zones:

         a.   The proposed landing facility must be located at least one thousand feet (1,000') from any residential zone.

         b.   The landing facility must meet all applicable federal regulations. Documentation of compliance with federal regulations must be submitted to the board of adjustment with the application for a special exception.

      4.   Communication Transmission Facilities In Residential Zones And In ID-RS And ID-RM Zones:

         a.   Communications antennas are permitted in all residential zones and in the ID-RS and ID-RM zones, provided the following conditions are met:

            (1)   The antenna is mounted on an existing communications tower, on the roof of a principal building that contains a nonresidential use or on the roof of a building that is accessory to a nonresidential use, or on another tall structure that is permitted in the zone. Examples include church and school buildings, water towers and clock towers. A maximum of two (2) antennas is permitted per building or structure.

            (2)   The height of the antenna shall not exceed the height of the existing structure or building to which it is attached by more than twenty feet (20'). If it exceeds this limit, a special exception is required to ensure that the antenna and any associated structure is designed to blend into its surroundings, or be camouflaged so as not to be obtrusive or detract from neighboring properties.

            (3)   Strobe lighting is prohibited in residential zones. Therefore, any antenna that requires such illumination is prohibited.

            (4)   Any equipment associated with an antenna must be located within the exterior walls of the building to which the antenna is attached. No separate equipment shed is permitted, except if the antenna is attached to a tall structure that is not a building. In such a case, a separate equipment shed is only allowed by special exception if it can be demonstrated that the shed can be adequately screened or designed in a manner that blends in with the residential character or future residential character of the surrounding area.

         b.   Communications towers are allowed by special exception in the ID-RS and ID-RM zones and must comply with the following approval criteria:

            (1)   The proposed tower serves an area that cannot be served by an existing tower or industrial property or by locating antennas on existing structures in the area. The applicant must document attempts to utilize existing structures, towers, and commercial and industrial properties within one-half (1/2) mile of the proposed tower. Such documentation must include maps illustrating the location of existing towers and potential alternative sites for antenna and towers that have been explored by the applicant and the applicant must state the reasons that these locations were not feasible.

            (2)   The proposed tower will be designed and constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area. Examples of camouflage design include monopoles, which do not have guywires or support trusses and that are painted to blend in with the sky or surroundings, towers camouflaged as flagpoles, monuments, steeples, or the integration of rooftop towers onto existing buildings, water towers, etc. Rooftop towers must use materials similar to or that blend in with the structure to which it is attached. Other camouflaged tower structures must be of similar height and appearance as other similar structures allowed in the zone, e.g., towers camouflaged as light poles or utility poles must be of similar height and appearance as other such poles. The applicant must include an illustration of how the tower would appear in the proposed location.

            (3)   The proposed tower will be no taller than is necessary to provide the service intended. Evidence presented should include coverage maps illustrating current gaps in coverage and changes to coverage with the proposed tower. Communications towers are exempt from the maximum height standards of the base zone, but under no circumstance may the tower be taller than one hundred twenty feet (120') from grade. If a communications tower is camouflaged to appear similar to another common structure allowed in the zone, it must comply with the same height standards that would apply to the type of structure that it emulates. For example, if the tower is camouflaged as a light pole, flagpole, or utility pole it must not exceed the height limitation for such structures as specified in the base zone. If no height standard exists in the code for such a structure, it must be designed to be of similar height and appearance to other similar or typical structures. If the tower is camouflaged as a chimney, steeple, or other similar rooftop structure, the board may exempt it from the base zone height standards if it is designed as if it were an integral part of the building and is not out of scale or proportion to other similar rooftop structures.

            (4)   The proposed tower will be set back from the property line at least a distance equal to the height of the tower.

            (5)   Any equipment associated with the tower facility will be enclosed in an equipment shed, cabinet, or building, which must be adequately screened from view of the public right of way and adjacent properties and designed in a manner that will be compatible and blend in with future residential development.

            (6)   The proposed tower will not utilize a backup generator as a principal power source. Backup generators may only be used in the event of a power outage. The board of adjustment may require that the electric distribution line necessary to furnish electric service to the tower be made underground from existing systems, however, this requirement would not apply to electrical transformers, meter pedestals, switchgear and other appurtenances impractical to bury.

            (7)   Strobe lighting is prohibited. Therefore, any tower that requires such illumination is prohibited in these zones.

            (8)   The proposed tower must be designed and constructed to accommodate at least one additional user, unless in doing so the tower will exceed the one hundred twenty foot (120') height limitation or if the board of adjustment determines that allowing the additional height needed to accommodate another user will detract from the area to the extent that it will prevent future development as envisioned in the comprehensive plan. The applicant shall provide a certification by a professional engineer licensed in this state that the proposed tower will be designed to permit a second antenna system of comparable size to be added to the tower above or immediately below the original antenna system.

            (9)   If use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and replanted to prevent erosion. The applicant shall present a signed lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging this obligation.

      5.   Communication Transmission Facilities In Commercial Zones And ID-C Zone; Privately Owned Communication Transmission Facilities In Public Zones:

         a.   Communications antennas are permitted in all commercial zones, the ID-C zone, and in public zones, provided the following conditions are met:

            (1)   The antenna must be mounted on another structure allowed in the zone, such as a rooftop, light pole, or utility pole.

            (2)   In the CN-1 and CO-1 zones and in any ID-C zone that is intended for a future CN-1 zone, strobe lighting is prohibited. Therefore, any antenna that requires such illumination is prohibited in these zones.

            (3)   In public zones and in the CC-2, CH-1, CI-1, CB-2, CB-5, and CB-10 zones and in any ID-C zone not intended for a future CN-1 zone, antennas may not be illuminated by strobe lights unless required by federal regulations. If alternatives are allowed under federal guidelines, strobe lights may not be used.

            (4)   Any equipment associated with an antenna must be located within the exterior walls of the building to which the antenna is attached or screened from view of the public right of way and any adjacent property to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) If the equipment is located on the roof, it must be set back and screened so that it is not within public view or appears to be part of the building.

         b.   Communications towers are allowed by special exception in public zones, the ID-C, CO-1, CN-1, CH-1, CI-1, CC-2, CB-2, CB-5, and CB-10 zones, and must comply with the following approval criteria:

            (1)   If the proposed tower will be located in an ID-C zone that is intended for a future neighborhood commercial zone according to the comprehensive plan, as amended, then it must comply with any specific standards listed below for CN-1 zones.

            (2)   The proposed tower serves an area that cannot be served by an existing tower or industrial property or by locating antennas on existing structures in the area. The applicant must document attempts to utilize existing structures, towers, and industrial properties within one-half (1/2) mile of the proposed tower. Such documentation must include maps illustrating the location of existing towers and potential alternative sites for antenna and towers that have been explored by the applicant and the applicant must state the reasons that these locations were not feasible.

            (3)   The proposed tower will be constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area. Examples of camouflage design include monopoles, which do not have guywires or support trusses and that are painted to blend in with the sky or surroundings, towers camouflaged as flagpoles, monuments, steeples, or the integration of rooftop towers onto existing buildings, water towers, etc. Rooftop towers must use materials similar to or that blend in with the structure to which it is attached. Other camouflaged tower structures must be of similar height and appearance as other similar structures allowed in the zone, e.g., towers camouflaged as light poles or utility poles must be of similar height and appearance as other such poles. The applicant must include an illustration of how the tower would appear in the proposed location.

            (4)   The proposed tower will be no taller than is necessary to provide the service intended. Evidence presented should include coverage maps illustrating current gaps in coverage and changes to coverage with the proposed tower. In the ID-C (except areas intended for CN-1), CH-1, CC-2, CI-1, CB-2, CB-5 and CB-10 zones, communications towers are exempt from the maximum height standards of the base zone, but under no circumstance may the tower be taller than one hundred twenty feet (120') from grade. In the CO-1, CN-1, and any ID-C zone intended for CN-1, communications towers must comply with the same height standards that would apply to the type of structure to which they are attached or if a communications tower is camouflaged to appear similar to another common structure allowed in the zone, it must comply with the same height standards that would apply to the type of structure that it emulates. For example, if the tower is camouflaged as a light pole, flagpole, or utility pole it must not exceed the height limitation for such structures as specified in the base zone. If no height standard exists in the code for such a structure, it must be designed to be of similar height and appearance to other similar or typical structures. If the tower is camouflaged as a chimney or other similar rooftop structure, the board may exempt it from the base zone height standards if it is designed as if it were an integral part of the building and is not out of scale or proportion to other similar rooftop structures.

            (5)   The proposed tower will be set back at least a distance equal to the height of the tower from any residential zone, ID-RS zone, and ID-RM zone.

            (6)   Any equipment associated with the tower facility will be enclosed in an equipment shed, cabinet, or building, which must be adequately screened from view of the public right of way and any adjacent residential or commercial property.

            (7)   The proposed tower will not utilize a backup generator as a principal power source. Backup generators may only be used in the event of a power outage.

            (8)   In the CN-1 and CO-1 zones and in any ID-C zone that is intended for a future CN-1 zone, strobe lighting is prohibited. Therefore, any tower that requires such illumination is prohibited in these zones. The tower will not be illuminated by strobe lights unless required by federal regulations. If alternatives are allowed under federal guidelines, strobe lights may not be used.

            (9)   The proposed tower must be designed and constructed to accommodate at least one additional user, unless in doing so the tower will exceed the one hundred twenty foot (120') height limitation or if the board of adjustment determines that allowing the additional height needed to accommodate another user will detract from the area to the extent that it will prevent future development intended in the zone. The applicant shall provide a certification by a professional engineer licensed in this state that the proposed tower will be designed to permit a second antenna system of comparable size to be added to the tower above or immediately below the original antenna system.

            (10)   If use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and replanted to prevent erosion. The applicant shall present a signed lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging this obligation.

      6.   Communication Transmission Facilities In Industrial And Research Park Zones And ID-RP And ID-I Zones:

         a.   Communications antennas are permitted in all Industrial and Research Park Zones and in the ID-I and ID-RP Zones, provided the antenna is mounted on another structure allowed in the zone, such as a rooftop, light pole, or utility pole.

         b.   Communications towers are allowed in the ID-I, I-1 and I-2 Zones and by special exception in the ID-RP, RDP and ORP Zones, provided the following conditions are met:

            (1)   The proposed tower will be set back at least a distance equal to the height of the tower from any residential zone, ID-RS Zone, and ID-RM Zone.

            (2)   The tower and any associated equipment, buildings, or structures must be screened from the public right-of-way and any bordering residential or commercial zone to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.)

            (3)   The proposed tower must be designed and constructed to accommodate at least two (2) additional users. The applicant shall provide a certification by a professional engineer licensed in this State that the proposed tower will be designed to permit two (2) additional antenna systems of comparable size to be added to the tower above or immediately below the original antenna system.

            (4)   If use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and replanted to prevent erosion. The applicant shall present a signed lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging this obligation.

      7.   Consumer Fireworks Sales In The I-1 And I-2 Zones: In the I-1 and I-2 Zones, consumer fireworks sales, as defined in this title, are permitted, subject to the restrictions and dates of sale set forth in title 661 Iowa Administrative Code chapter 265, Consumer Fireworks Sales Licensing and Safety Standards. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4220, 7-18-2006; Ord. 06-4245, 12-12-2006; Ord. 09-4341, 6-2-2009; Ord. 09-4358, 10-20-2009; Ord. 09-4363, 12-1-2009; Ord. 09-4364, 12-1-2009; Ord. 11-4443, 9-6-2011; Ord. 11-4448, 10-18-2011; Ord. 11-4450, 10-18-2011; Ord. 11-4452, 10-18-2011; Ord. 12-4482, 5-15-2012; Ord. 13-4520, 4-9-2013; Ord. 13-4522, 4-23-2013; Ord. 13-4526, 5-14-2013; Ord. 13-4543, 8-20-2013; Ord. 13-4544, 8-20-2013; Ord. 13-4550, 9-17-2013; Ord. 13-4551, 9-17-2013; Ord. 14-4586, 6-3-2014; Ord. 16-4655, 2-2-2016; Ord. 16-4667, 7-5-2016; Ord. 16-4675, 9-20-2016; Ord. 17-4732, 11-21-2017; Ord. 19-4779, 2-19-2019; Ord. 19-4800, 8-6-2019; Ord. 20-4817, 1-7-2020; Ord. 20-4820, 3-3-2020; Ord. 20-4833, 11-17-2020; Ord. 21-4864, 9-21-2021; Ord. 22-4880, 6-6-2022; Ord. 22-4882, 6-21-2022; Ord. 23-4914, 11-6-2023; Ord. 24-4940, 11-4-2024; Ord. 24-4941, 12-10-2024)

Accessory uses, buildings or other structures customarily incidental to and commonly associated with a permitted use, provisional use or special exception are permitted, provided they are operated and maintained according to the following standards:

   A.   The accessory use is subordinate to the principal use of the property and contributes to the comfort, convenience or necessity of occupants, customers, or employees of the principal use;

   B.   The accessory use, building or structure is under the same ownership as the principal use or uses on the property;

   C.   The accessory use, building or structure does not include structures, structural features, or activities inconsistent with the uses to which they are accessory;

   D.   Except for off street parking located on a separate lot as approved according to the provisions set forth in subsection 14-5A-4F, “Alternatives To Minimum Parking Requirements”, of this title, the accessory use, building, or structure is located on the same lot as the principal use or uses to which it is accessory; and

   E.   The accessory use, building, or structure conforms to the applicable base zone regulations and to the specific approval criteria and development standards contained in this article. (Ord. 05-4186, 12-15-2005; amd. Ord. 11-4449, 10-18-2011)

Any accessory uses listed in the following subsections must comply with the conditions listed, unless specifically exempted or superseded by more specific provisions of this title. As noted, some require special exception approval from the Board of Adjustment. If a regulation in the base zone chapter conflicts with a regulation contained in this article, the regulation that is more specific to the situation applies. When regulations are equally specific or when it is unclear which regulation to apply, the more restrictive regulation will govern.

   A.   Accessory Dwelling Units (ADUs): ADUs are permitted provided the following conditions are met:

      1.   Applicability: The ADU shall be located in a zone that allows household living uses and shall be accessory to a principal use that consists of no more than two (2) dwelling units on a lot.

      2.   Ownership:

         a.   The owner of the property on which an ADU is located must occupy at least one of the dwelling units on the premises as the permanent legal resident.

         b.   The ADU and the principal use must be under the same ownership.

      3.   Site Requirements:

         a.   Only one ADU may be established per lot.

         b.   The minimum lot size and area per unit requirements of the underlying base zone must be met, but no additional lot area is required beyond that which is required for the principal use.

      4.   Design Requirements:

         a.   The ADU must be a complete, separate dwelling unit that functions independently from the principal use. It must contain its own kitchen and bathroom facilities, in addition to a separate entrance from the exterior.

         b.   When located within a building with an existing principal use, the ADU must be designed so that the appearance of the building remains that of an allowed use within that zone, and any new entrances, exterior finish materials, trim, windows, and eaves must visually match the principal use.

      5.   Apartment Size: The floor area of the ADU may not exceed fifty percent (50%) of the total floor area of the principal use, excluding the area of an attached garage, or one thousand (1,000) square feet, whichever is less.

   B.   Accessory Retail Sales: For nonresidential uses, accessory retail sales is permitted, provided the following conditions are met. Retail sales associated with home occupations is addressed in the subsection M, "Home Occupations", of this section.

      1.   Accessory retail sales must clearly be subordinate to the use to which it is accessory. The floor area devoted to accessory retail sales may not exceed one thousand (1,000) square feet or forty percent (40%) of the total floor area of the principal use to which the retail sales is accessory, whichever is less. The floor area devoted to accessory uses is included when calculating the total floor area of the principal use. For example, a small manufacturing establishment contains a total of two thousand (2,000) square feet of floor area. Under this provision, the establishment may include up to eight hundred (800) square feet of accessory retail space.

      2.   The operation of and area devoted to retail sales must meet the performance standards for commercial zones as specified in chapter 5, article H of this title.

      3.   The products sold must be manufactured, processed, or fabricated on the property or must be associated with the principal use of the property.

   C.   Accessory Uses Within Parks And Open Space Uses:

      1.   Within cemeteries, all structures, including, but not limited to, mausoleums, columbariums, crematoriums, permanent monuments and maintenance buildings, must be set back a minimum of twenty feet (20') from any property line or street right of way line. Such structures must be screened from view of abutting residential properties to at least the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) If such structures are located such that they are not visible from residential properties, then screening is not required.

      2.   Playground equipment, picnic facilities, shelters, and gazebos are permitted within parks and open space uses, provided they are set back a minimum of twenty feet (20') from any property line or street right of way line.

      3.   Uses, buildings and structures devoted to active recreational activities, such as clubhouses, driving ranges, swimming pools, recreation buildings, sports fields, and tennis courts, which are located within private, shared open space, are permitted by special exception and are subject to the following approval criteria, except for uses approved through a planned development process. Uses, buildings, and structures devoted to active recreational activities approved through a planned development process are not initially required to obtain special exception approval. However, any expansion or enlargement of such a use, building, or structure requires special exception approval from the board of adjustment, except as permitted in subsection C3g of this section. A special exception is not required for buildings or structures devoted to active recreational activities within public parks.

         a.   The proposed use is properly located to provide adequate separation between properties and between uses within the parks and open space area. Any buildings associated with the proposed use must comply with the setback requirements for principal buildings in the underlying base zone. Other structures and facilities must be set back at least twenty feet (20') from any property line. The board of adjustment may reduce or increase the setback requirements; provided, that adequate separation is established based on the specific use proposed and the nature of the surrounding properties.

         b.   The proposed use is consistent with the intended character of the specific parks and open space area.

         c.   The location or operation of the proposed use will not compromise any designated environmental conservation areas adjacent to or within the parks and open space area.

         d.   The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access requirements, on street parking impacts, neighborhood impacts, and pedestrian safety.

         e.   Adequate public services are available or will be made available to serve the proposed use.

         f.   The proposed use will not have significant adverse impacts on the livability of nearby residential properties due to noise, glare from lights, late night operations, odors, and litter.

         g.   The building official may grant approval for the following minor modifications to accessory uses within parks and open space uses without approval from the board of adjustment, according to the procedures and approval criteria for minor modifications as set forth in chapter 4, article B of this title:

            (1)   An accessory storage building less than five hundred (500) square feet in size.

            (2)   A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building.

   D.   Bed And Breakfasts: Bed and breakfasts are allowed in conjunction with any residential use, provided the following conditions are met:

      1.   Guests stay for periods not to exceed thirty (30) consecutive days.

      2.   The operator must provide the City an emergency contact and obtain a housing inspection every two (2) years to protect public health and safety related to fire and building safety and sanitation.

   E.   Reserved.

   F.   Caretaker Residences In Industrial And Research Park Zones: In the industrial and research park zones, a maximum of one residence for a proprietor, caretaker, or watchperson is permitted, provided it is located on the same property as the commercial or industrial use.

   G.   Childcare Homes:

      1.   "Childcare homes", as defined in this title, that provide care for up to eight (8) children, are permitted in any zone that allows household living uses, provided the operation and maintenance of the childcare home meets all applicable state requirements. A childcare home is permitted one nonresident caregiver in addition to the primary resident caregiver.

      2.   "Childcare homes", as defined in this title, that provide care for nine (9) to sixteen (16) children, are permitted in any zone that allows household living uses, provided the following conditions are met:

         a.   The home must provide a fenced outdoor play area of not less than fifty (50) square feet per child based on the maximum number of children that will be using the outdoor play area at any given time.

         b.   The home must contain thirty five (35) square feet of interior floor space per child, excluding kitchen, bathrooms, and halls.

         c.   The home must have a working fire extinguisher, smoke detectors, and two (2) direct exits.

         d.   The operation and maintenance of the home must meet all applicable state requirements.

         e.   The home is permitted one nonresident caregiver in addition to the primary resident caregiver.

   H.   Communication Towers, Antennas, And Satellite Receiving Devices:

      1.   Accessory communications antennas and satellite receiving devices, one meter or smaller in diameter, are permitted in any zone; provided, that such a device is in compliance with the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title.

      2.   Accessory satellite receiving devices larger than one meter in diameter are permitted in all commercial and industrial zones; provided, that no such device is located in violation of the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title. In residential zones, including the ID-RS and ID-RM zones, such devices are permitted, provided they are not located in the area between the street and the principal building, within the required principal building, front or side setback area, or on the roof of any building.

      3.   Communications towers, other than amateur radio and citizen band transmitters, are permitted according to the requirements for communications transmission facilities as set forth in chapter 4, article B of this title.

      4.   Amateur radio and citizen band transmitters, antennas, and supporting structures are permitted in any zone, provided they are not located in the area between a street and a principal structure or within the required side setback.

   I.   Daycare: Daycare accessory to institutional, commercial, or industrial uses is permitted according to the approval criteria for daycare uses as set forth in article B of this chapter.

   J.   Decks And Patios, Uncovered:

      1.   In residential zones:

         a.   Uncovered patios and decks constructed two feet (2') or less above grade must be set back at least ten feet (10') from any front or street-side lot line and set back at least two feet (2') from any alley right of way. No side setback is required.

         b.   Uncovered patios and decks constructed more than two feet (2') above grade must be set back at least ten feet (10') from any front or street-side lot line, at least five feet (5') from any side lot line, and at least two feet (2') from any alley right of way.

      2.   In riverfront crossings zones and the eastside mixed use district:

         a.   Decks are not allowed in private frontage areas, as defined in subsection 14-2G-7A, "Streetscape And Frontage Area Improvements", of this title.

         b.   Patios are not allowed in private frontage areas unless expressly permitted according to the standards for the applicable frontage type, as specified in section 14-2G-4 of this title.

         c.   Uncovered patios and decks constructed two feet (2') or less above grade must be set back at least two feet (2') from any alley right of way. No side setback is required.

         d.   Uncovered patios and decks constructed more than two feet (2') above grade must be set back at least five feet (5') from any side lot line and at least two feet (2') from any alley right of way.

      3.   In all other zones:

         a.   Uncovered patios and decks must be set back at least ten feet (10') from any front or street-side lot line and set back at least two feet (2') from any alley right of way. No side setback is required.

         b.   Decks and patios in any zone where there is no front setback requirement for principal buildings are exempt from the front setback requirement in subsection J3a of this section.

   K.   Drive-Through Facilities:

      1.   Allowed Facilities: Drive-through facilities are allowed according to table 4C-1 of this section.

 

      2.   Riverfront Crossings Zones; Limitations And Restrictions:

         a.   In all riverfront crossings subdistricts, except for the west riverfront and south Gilbert subdistricts, drive-throughs are limited to facilities that are accessory to financial institutions and pharmacies.

         b.   In the south Gilbert subdistrict, drive-through facilities are not allowed along frontages designated as required retail storefronts or required Ralston Creek frontages, or along the required pedestrian streets that extend east-west through the block to provide connections to the riverfront park, all as illustrated in section 14-2G-2, figure 2G-1, "Regulating Plan", of this title. Otherwise, drive-through facilities are allowed by special exception for any use allowed in the subdistrict.

         c.   In the west riverfront subdistrict, drive-through facilities are allowed by special exception for any use allowed in the subdistrict according to the provisions set forth in this section.

         d.   Principal buildings to which a drive-through is accessory must comply with all standards of the applicable riverfront crossings subdistrict as specified in chapter 2, article G of this title, unless a minor adjustment is approved by the FBC committee according to the provisions in subsection 14-2G-7H, "Minor Adjustments", of this title.

      3.   Special Exception Approval Criteria:

         a.   Access And Circulation: The transportation system should be capable of safely supporting the proposed drive-through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria:

            (1)   Wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive-through bays and stacking lanes to be enclosed within the building envelope, and similar conditions.

            (2)   To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title.

            (3)   An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive-through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive-through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering).

            (4)   Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement.

         b.   Location:

            (1)   In the CB-2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive-through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street-facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located.

            (2)   Drive-through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below.

         c.   Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site.

            (1)   To promote compatibility with surrounding development, the number of drive-through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment.

            (2)   Drive-through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive-through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB-2 zone and the riverfront crossings district, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (5') in height and shall be designed to complement the principal building on the site.

            (3)   Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site.

            (4)   Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located.

            (5)   Lighting for the drive-through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties.

            (6)   (Rep. by Ord. 16-4685, 11-15-2016)

            (7)   Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood.

   L.   Fences, Walls, And Hedges:

      1.   Permit Required: A permit is required for all of the following:

         a.   Electric fences;

         b.   Barbed wire fences;

         c.   Any fence or wall over six feet (6') in height;

         d.   Any retaining wall over four feet (4') in height measured from the top of the footing to the top of the wall; and

         e.   A retaining wall of any height that supports a surcharge or impounds flammable liquids.

      2.   Location And Height Requirements: All fences, walls, and hedges located within a principal building front, side, or rear setback area or within five feet (5') of a lot line, are subject to the following location and height requirements:

         a.   Except as otherwise allowed or required in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this title, no portion of a fence or wall more than ten percent (10%) solid shall exceed eight feet (8') in height. The solidity is the percent of the fence over a random area which is made up of solid, opaque material, and which does not allow light or air to pass through. Retaining walls are exempt from the provisions of this paragraph.

         b.   Fences, walls, and hedges must be set back at least two feet (2') from any alley or street right of way line.

         c.   On corner lots, fences, walls, and hedges over two feet (2') in height must comply with the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title.

         d.   Fences and walls that exceed four feet (4') in height are not permitted in the principal building, front setback area on properties zoned residential or on properties located within fifty feet (50') of any property along the same frontage that is zoned residential. However, this height limit is increased to six feet (6') for lots with frontages along an expressway or an arterial street; provided, that the lot is a double frontage lot or a reversed corner lot. Retaining walls are exempt from the provisions of this paragraph. A minor modification may be requested to adjust the height of an entranceway gate in a fence located within a front yard setback area according to the procedures and approval criteria for minor modifications contained in article B of this chapter.

         e.   In riverfront crossings zones and the eastside mixed use district, fences and walls located within private frontage areas are strictly regulated and, if allowed, must comply with the applicable frontage type standards as specified in chapter 2, article G of this title.

      3.   Regulations For Barbed Wire And Electric Fences: Barbed wire and electric fences are subject to the following regulations:

         a.   Barbed wire consists of twisted wires with barbs on each wire. The barbs on each wire must be at least four inches (4") apart. Any barbed wire that does not meet this description is prohibited. Concertina wire is prohibited.

         b.   Except when used for the enclosure of livestock associated with an allowed agriculture use, barbed wire fences are permitted only in the commercial, industrial, and research zones, provided the bottom strand of barbed wire is not less than six feet (6') above grade.

         c.   Except for the enclosure of livestock associated with an allowed agriculture use, electric fences are not permitted in any zone.

         d.   No electric fence shall carry a charge greater than twenty five (25) milliamperes nor a pulsating current lower than one- tenth (1/10) second in a one second cycle. All electric fences must carry the seal of an approved testing laboratory.

         e.   Barbed wire and electric fences are prohibited within five feet (5') of a public sidewalk or within four feet (4') of a street right of way line where a public sidewalk does not exist. In the latter case, however, a barbed wire or electric fence may be installed or constructed along the right of way line if the property owner agrees to move the fence back the required distance within two (2) months after the installation of a public sidewalk. Said agreement must be submitted with the application for a fence permit.

   M.   Home Occupations: There are two (2) categories of home occupations, type A and type B. Type A home occupations are permitted, provided the use complies with the standards in subsections M3 through M9 of this section. Type B home occupations are permitted, provided the use complies with the standards in subsections M3 through M9 of this section, and the operator of the use obtains a home occupation permit from the city as described in subsection M2 of this section. The standards for bed and breakfast homestays, bed and breakfast inns, and childcare homes are specified in other subsections of this section and are, therefore, not subject the provisions of this subsection.

      1.   Home Occupation Types:

         a.   Type A: A "type A home occupation" is one where a resident or residents of a dwelling use the dwelling as a place of work, but no employees or customers come to the site. Examples include artists, craftspersons, writers, and consultants. Type A home occupations also provide an opportunity for a home to be used as a business address but not as a place of work. No permit is required for these uses, but they must comply with all of the other regulations stated herein.

         b.   Type B: A "type B home occupation" is one where a nonresident employee works at the site or where customers frequent the site on a regular basis. Examples include counseling, tutoring, and hair cutting and styling. A home occupation permit is required for these uses.

      2.   Permit Required For Type B Home Occupations: Prior to establishment of a type B home occupation, a home occupation permit must be obtained from the department of housing and inspection services according to the procedures set forth in chapter 8, article B, "Administrative Approval Procedures", of this title. A home occupation permit is required in order to ensure that the applicant is aware of the provisions governing home occupations and that the city has all information necessary to evaluate whether the proposal initially meets and continues to meet the provisions of this subsection.

      3.   Location And Occupancy:

         a.   The home occupation use must be located within a dwelling unit or within a building that is accessory to a dwelling unit.

         b.   The dwelling unit must be the bona fide primary residence of the owner and operator of the home occupation during nonbusiness hours.

      4.   Prohibited Uses: In addition to the uses that would be excluded based on the conditions specified in this subsection, the following uses are specifically prohibited as home occupations:

         a.   Adult business uses.

         b.   Veterinary clinics and kennels.

         c.   Commercial recreational uses.

         d.   Commercial parking.

         e.   Eating and drinking establishments.

         f.   Medical/dental offices, except for psychiatrists, psychologists, chiropractors, and physical therapists.

         g.   Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as automobiles, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts.

         h.   Self-service storage.

         i.   Industrial service.

         j.   Any use which changes the fire safety rating of the occupancy separation classification requirements of the structure.

      5.   Commercial Activity:

         a.   No commodities may be sold on the premises except for those produced on the premises or those associated with the home occupation conducted on the premises.

         b.   Type B home occupations are limited to ten (10) clients or customers per day.

      6.   Traffic And Parking:

         a.   The proposed use will not generate a greater volume or type of traffic than what is normally expected in the zone in which it is located; nor will it necessitate parking in excess of what is normally expected in the zone in which it is located. Vehicles used for delivery and pick up are limited to those normally servicing residential neighborhoods.

         b.   No more than one truck associated with the home occupation may be parked at the site. Only light trucks that are less than seven feet (7') in height are permitted. Medium and heavy trucks are prohibited. A "light truck" is a truck with a single rear axle and a single set of rear wheels. The home occupation use must comply with regulations in chapter 5, article A, "Off Street Parking And Loading Standards", of this title, regarding the parking and storage of special vehicles and commercial vehicles and the provisions of title 9, chapter 4, "Parking Regulations", of this code.

      7.   Off Site Impacts: Except for a permitted sign, there must be no indication from the exterior of the dwelling unit or accessory building, such as noise, odor, smoke, dust, excessive outdoor lighting, or outdoor storage of materials, that there is a home occupation use on the premises. No visitors or deliveries to the home occupation use are permitted before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M.

      8.   Size: For a home occupation located within a principal dwelling unit, the floor area devoted to the home occupation may not exceed twenty five percent (25%) of the total floor area of the principal dwelling (the floor area of an attached garage is not included in the calculation of total floor area of the dwelling). This twenty five percent (25%) limit applies regardless of whether the home occupation is located within the principal dwelling unit or within an accessory building. For example, for a property where the principal dwelling contains two thousand (2,000) square feet of floor area, a home occupation would be limited to five hundred (500) square feet regardless of whether it was located within the dwelling or within an accessory building.

      9.   Nonresident Employees: Nonresident employees are prohibited, except as approved by the building official as a minor modification to the home occupation use, according to the approval criteria and procedures for minor modifications as set forth in chapter 4, article B of this title.

      10.   Signage: Home occupations are permitted one nonilluminated fascia sign, not to exceed one square foot in size.

   N.   Mechanical Structures:

      1.   Screening:

         a.   All ground level mechanical and utility equipment, such as heat pumps, air conditioners, emergency generators, electrical vehicle charging stations, and water pumps, must be screened from public view to at least the S2 standard. (See chapter 5, article F, “Screening And Buffering Standards”, of this title.) If it is not feasible to use landscape screening, the mechanical equipment must be screened using wall or fencing materials complementary to the principal structure. Mechanical structures accessory to single-family uses and solar energy systems accessory to any uses are exempt from this standard.

         b.   In all zones except I-1 and I-2, rooftop mechanical equipment must be concealed from public view by integrating equipment into the design of the building, screening equipment behind building features, such as parapets, or by setting the equipment back from the edge of the roof so that it is not visible from ground level. Solar energy systems are exempt from this standard.

      2.   Setbacks:

         a.   Single-Family Residential Zones: Mechanical structures must be set back at least two feet (2') from the side and rear lot lines. However, mechanical structures may not be located between the principal dwelling and the street.

         b.   All Other Zones: Mechanical structures must be set back at least two feet (2') from any lot line. Additional location standards may apply in certain zones or for certain uses.

      3.   Minor Modifications For Solar Energy Systems: A minor modification for solar energy systems may be requested according to chapter 4, article B of this title.

   O.   Off Street Loading: Off street loading is permitted in the multi-family, commercial, industrial, and research zones according to the provisions of chapter 5, article A, "Off Street Parking And Loading Standards", of this title.

   P.   Off Street Parking: Off street parking must comply with the provisions of the base zone in which it is located and the provisions of chapter 5, article A, "Off Street Parking And Loading Standards", of this title.

   Q.   Outdoor Dumpster Areas:

      1.   Outdoor recycling, trash, solid waste and dumpster areas must be in compliance with the applicable provisions of title 16, chapter 3, article H, "Solid Waste", of this code.

      2.   Any such area must be screened from view of adjacent properties and from the public right of way to the S3 or S5 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.)

   R.   Outdoor Lighting: Outdoor lighting must comply with the provisions of the base zone in which it is located and the provisions of chapter 5, article G, "Outdoor Lighting Standards", of this title.

   S.   Outdoor Storage And Display: Any use with permanent outdoor storage or outdoor display areas must comply with the standards for the base zone in which the use is located, the relevant performance standards as specified in chapter 5, article H of this title, and any additional standards required for the use in article B of this chapter. Uses with temporary outdoor storage and display areas must comply with the regulations in article D, "Temporary Uses", of this chapter.

   T.   Swimming Pools, Hot Tubs, And Tennis Courts: Swimming pools, hot tubs, and tennis courts intended for private use by persons that reside on the property or their guests are permitted, provided the following conditions are met:

      1.   Setbacks:

         a.   Residential Zones, Riverfront Crossings Zones, And The Eastside Mixed Use District:

            (1)   The use must be set back a minimum of ten feet (10') from any side or rear lot line.

            (2)   The use may not be located in the front yard (see definition of "front yard" in chapter 9, article A of this title) unless the use is set back at least forty feet (40') from the front property line.

         b.   Nonresidential Zones: In nonresidential zones, the use must be set back a minimum of ten feet (10') from any side, rear, or front property line, unless the property on which the use is located is directly abutting or across the street from a property zoned residential. In the case of such an adjacency, the use must comply with the setback requirements for residential zones as stated in subsection T1a of this section.

      2.   Lighting Standards: Lighting for such facilities must comply with the standards specified in chapter 5, article G, "Outdoor Lighting Standards", of this title.

      3.   Fence Requirement: Swimming pools, with a depth of eighteen inches (18") or more and the edge of which is less than four feet (4') above grade, must be completely enclosed by a fence according to the following specifications:

         a.   The fence must be at least four feet (4') in height and must be constructed so that a sphere, five inches (5") in diameter, cannot pass through the fence.

         b.   A principal or accessory building may be used as part of the enclosure.

         c.   All gates and doors opening through the enclosure must be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in use, except the door of any building which forms a part of the enclosure need not be so equipped.

         d.   The building official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded by an enclosure built to the specifications of this subsection T3.

   U.   Roadside Stands For The Sale Of Produce: Roadside stands for the sale of produce grown on the premises are permitted in the ID zones and the RR-1 zone, provided the following conditions are met:

      1.   The stand contains no more than six hundred (600) square feet of floor area;

      2.   The stand is set back at least ten feet (10') from any lot line and at least twenty feet (20') from any street right of way; and

      3.   Access to the stand is from an entrance to the farm or residence. Additional street access will not be granted for such a use.

   V.   Signs: Signs are allowed according to the regulations in chapter 5, article B, "Sign Regulations", of this title.

   W.   Storage Buildings And Warehouse Facilities:

      1.   In residential zones and for residential building types in the riverfront crossings and eastside mixed use district, accessory storage and accessory storage buildings are allowed as follows:

         a.   Accessory storage and storage buildings are permitted for the storage of personal vehicles, wood, lumber, gardening equipment and other materials and equipment used exclusively by residents of the premises or by persons affiliated with a permitted use.

         b.   On properties where the principal use is household living, storage buildings for commercial purposes are prohibited.

      2.   In commercial, industrial, and research zones, and for nonresidential uses allowed within commercial and mixed use buildings in the riverfront crossings zones and eastside mixed use district, accessory storage and warehouse facilities are permitted, provided the floor area devoted to such a use does not exceed forty percent (40%) of the total floor area of the buildings on the property. If storage and warehousing exceeds this floor area limit, it is considered a principal use and is subject to the base zone regulations and any relevant approval criteria in article B of this chapter.

      3.   Accessory storage buildings and warehouse facilities must meet the development standards for accessory buildings as specified in section 14-4C-3 of this article.

   X.   Structures For Shelter Of Household Pets, Horses And Ponies:

      1.   Structures for the shelter of household pets are permitted, provided the following conditions are met. "Kennels", as defined in this title, are regulated as a principal use, intensive animal related commercial, and are subject to the base zone regulations and the relevant approval criteria in article B of this chapter.

         a.   Dog runs, built solely for the purpose of exercising and feeding of dogs, must be set back at least twenty feet (20') from any front or street side lot line, at least ten feet (10') from any side lot line, at least ten feet (10') from the rear lot line.

         b.   Dog runs must be completely enclosed by a fence of sufficient height and construction to contain the dog at all times.

         c.   A principal or accessory building may be used as part of the enclosure.

         d.   All gates and doors opening through the enclosure must be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in use, except the door of any building which forms a part of the enclosure need not be so equipped.

         e.   The building official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded by an enclosure built to the specifications of this subsection X1.

      2.   Structures for the shelter of horses and ponies are permitted in the ID zones and the RR-1 zone, but not in other zones. A minimum lot area of two (2) acres is required for the first horse or pony, plus one acre for each additional horse or pony. Commercial stables are regulated as a principal use, intensive animal related commercial, and are subject to the base zone regulations and the relevant approval criteria in article B of this chapter.

   Y.   Small Wind Energy Conversion Systems: Small wind energy conversion systems (SWECS) are allowed as accessory uses in certain zones subject to the applicable approval process, standards and restrictions as set forth in this subsection.

      1.   Permit Required:

         a.   It shall be unlawful to construct, erect, install, alter or locate a SWECS within the city of Iowa City, unless the owner/operator has obtained a building permit from the city of Iowa City.

         b.   The owner/operator of the SWECS shall obtain all applicable permits required by federal and state law prior to constructing the system.

      2.   Applicability And Approval Process:

         a.   Building mounted SWECS are allowed in the CI-1, CC-2, CH-1, CB-5, CB-10, I-1, I-2, RDP, ORP, P-1, P-2, and ID zones, in accordance with the standards and restrictions set forth in this subsection.

         b.   Freestanding SWECS that do not exceed a total extended height of forty five feet (45') are allowed in the I-1, I-2, RDP, ORP, P-1, P-2, ID-I, and ID-RP zones, in accordance with the applicable standards and restrictions set forth in this subsection. A special exception is required, however, for any freestanding SWECS proposed within three hundred feet (300') of a residential zone boundary.

         c.   A special exception is required for any freestanding SWECS that exceed a total extended height of forty five feet (45') in the I-1, I-2, RDP, ORP, P-1, P-2, ID-I, and ID-RP zones.

      3.   Feasibility Study Recommended:

         a.   It is highly recommended that a feasibility study be made of any site prior to installing a wind turbine. The feasibility study should include measuring actual wind speeds at the proposed turbine site for at least three (3) months. The applicant for a SWECS building permit shall indicate whether a feasibility study has been conducted and the results of any such study.

         b.   The grant of a special exception or issuance of a building permit for a SWECS does not constitute the granting of an easement by the city of Iowa City. The SWECS owner/operator shall have the sole responsibility to acquire any covenants, easements, or similar rights to assure or protect access to sufficient wind as may not be necessary to operate the SWECS.

      4.   Size And Number Of Systems Per Lot:

         a.   If allowed in the subject zone, no more than one freestanding SWECS that is taller than the tallest existing principal building on the property may be permitted. If allowed in the subject zone, additional freestanding SWECS that conform to setback requirements and other standards contained herein and that are no taller than the tallest existing principal building located on said property may be permitted. Additional building mounted SWECS may be allowed within the parameters of this subsection.

         b.   Any one SWECS proposed for the subject property may not exceed a nameplate rated capacity greater than one hundred (100) kilowatts. However, in no case shall the generating capacity of aggregated SWECS on a property exceed anticipated energy needs for on site consumption.

      5.   Lot Size Standards:

         a.   The minimum lot size for a freestanding SWECS shall be one acre.

         b.   The minimum lot size for a building mounted SWECS shall be one acre if mounted on a building five (5) stories or less in height.

         c.   There shall be no minimum lot size for building mounted SWECS if mounted on a building six (6) or more stories in height.

      6.   Setbacks:

         a.   The minimum distance between any freestanding SWECS and any property line or any existing, proposed, planned, or anticipated public street right of way or public trail shall be a distance that is equivalent to one hundred fifteen percent (115%) of the total extended height. If the certificate of insurance for the SWECS requires a greater setback than the setback required herein, the setback shall be increased to meet the insurance requirement. The setback shall be measured from the point of the SWECS closest to the property line or existing, proposed, planned, or anticipated public street right of way or public trail, including the blade at its greatest horizontal extension.

         b.   The required setback for any building mounted SWECS shall be equal to the required setback of the principal building to which the SWECS is to be attached.

      7.   Additional Siting Standards:

         a.   No portion of a vertical axis SWECS blade shall extend within twelve feet (12') of the ground.

         b.   No portion of a horizontal axis SWECS blade shall extend within thirty feet (30') of the ground.

         c.   The blades of any freestanding SWECS may not extend within twenty feet (20') of a parking area, driveway, tree, structure, outdoor use area, pedestrian walkway, or aboveground utility structure or facility.

         d.   No part of a SWECS shall be located within or over drainage, utility or other established easements.

         e.   No SWECS shall be constructed so that any part thereof can extend within twenty feet (20') laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five feet (5').

         f.   A SWECS shall be located in compliance with the guidelines of applicable federal aviation administration (FAA) regulations as amended.

      8.   Height Standards: Small wind energy conversion systems are exempt from the maximum height standards of the base zone, however the following height restrictions apply:

         a.   For freestanding SWECS, the total extended height of SWECS shall not exceed the following:

            (1)   For lots of one but fewer than three (3) acres: Sixty five feet (65') maximum.

            (2)   For lots of three (3) to seven (7) acres: Eighty feet (80') maximum.

            (3)   For lots more than seven (7) acres, but less than fifteen (15) acres: One hundred feet (100') maximum.

            (4)   For lots more than fifteen (15) acres: One hundred fifty feet (150') maximum.

         b.   For building mounted SWECS, the hub height shall not be more than ten feet (10') higher than the point of attachment to the building on which it is attached.

      9.   Design Standards:

         a.   Only monopole towers shall be permitted for freestanding SWECS. Lattice or guyed towers of any other type are prohibited.

         b.   Freestanding SWECS shall be a neutral color such as white, sky blue or light gray. Building mounted SWECS shall match or be complementary in color to the building to which it is attached. Other colors may be allowed at the discretion of the board of adjustment. The surface shall be nonreflective.

         c.   No lights shall be installed on the tower, unless required to meet FAA regulations.

         d.   No signage or advertising of any kind shall be permitted on the tower or any associated structures.

         e.   The tower must be designed to prevent climbing within the first twelve feet (12') of height above grade.

      10.   Coordination With Local Utility Company:

         a.   Utility Notification: The city of Iowa City shall notify the applicable utility company of receipt of an application to install an interconnected customer owned generator. Off grid systems shall be exempt from this notification requirement.

         b.   Interconnection: The SWECS, if not off grid, shall meet the requirements for interconnection and operation as set forth by the utility and the Iowa utilities board. No permit of any kind shall be issued until the city of Iowa City has been provided with a copy of an executed interconnection agreement. Off grid systems shall be exempt from this requirement.

         c.   Restriction On Use Of Electricity Generated: A SWECS shall be used exclusively to supply electrical power to the owner for on site consumption, except that excess electrical power generated by the SWECS and not presently needed for use by the owner may be used by the utility company in accordance with section 199, chapter 15.11(5) of the Iowa administrative code, as may be subsequently amended.

      11.   Performance Standards: An applicant shall provide evidence to the city that the following standards will be met:

         a.   Noise: A SWECS shall be designed, installed and operated so that the noise generated does not exceed fifty (50) decibels (dBA) when measured from the nearest point on property line to the SWECS.

         b.   Shadow Flicker: No SWECS shall be installed and operated so to cause a shadow flicker to fall on or in any existing residential structure.

         c.   Safety Controls: Each SWECS shall be equipped with both automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent backfeeding of the grid.

         d.   Structural Integrity: Building mounted SWECS shall be prohibited unless the owner has obtained a written analysis from an Iowa licensed structural engineer determining that installation of a SWECS will not cause damage to the structure and that the SWECS can be securely fastened so as to not pose a hazard caused by detaching from the structure.

         e.   Maintenance: Facilities shall be well maintained in accordance with manufacturer's specifications and shall remain in an operational condition that poses no potential safety hazard nor is in violation of any provisions contained within this article or elsewhere within this Code.

         f.   Shutoff: A clearly marked and easily accessible shutoff for the wind turbine will be required as determined by the building official.

         g.   Electromagnetic Interference: All SWECS shall be designed and constructed to not cause radio and television interference. If it is determined that the SWECS is causing electromagnetic interference, the owner/operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the approval of the building official. A special exception or permit granting a SWECS may be revoked if electromagnetic interference from the SWECS becomes evident.

         h.   Compliance With National Electric Code: Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the design and manner of installation conforms to the State National Electric Code.

         i.   Insurance: A person seeking a building permit to erect a small wind energy system shall provide evidence, in the form of a certificate of insurance satisfactory to the City of Iowa City, showing general liability insurance coverage for the installation and operation of the system under a standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility.

         j.   Engineer Certification: Applications for any SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the SWECS showing compliance with the applicable regulations and certified by an Iowa licensed professional engineer shall also be submitted.

         k.   Installation: Installation must be done according to manufacturer's specifications. All wiring and electrical work must be completed according to the applicable Building and Electric Codes. All electrical components must meet code recognized test standards.

         l.   Removal: If the SWECS remains nonfunctional or inoperative for a continuous period of six (6) months, the system shall be deemed to be abandoned. The SWECS owner and/or the owner of the property shall remove the abandoned system at their expense. To comply with this requirement, the entire structure, transmission equipment and any surrounding fencing must be removed from the property, excluding foundations. Nonfunction or lack of operation may be proven by reports from the interconnected utility. For off grid systems the City of Iowa City shall have the right to enter the property at its sole discretion to determine if the off grid system is generating power. Such generation may be proven by use of an amp meter. The SWECS owner/operator and any successors shall make available to the Director of Housing and Inspection Services or designee any and all reports or documents needed to determine functionality, if requested. If removal of towers and appurtenant facilities is required, the Director of Housing and Inspection Services Department or designee shall notify in writing the SWECS owner and/or the owner of the property on which the SWECS is located. Removal shall be completed within six (6) months of the date of said written notice.

   Z.   The Keeping Of Chickens And Structures For The Shelter Of Chickens: The keeping of chickens and structures for the shelter of chickens is permitted for detached single-family uses subject to the restrictions and provisions set forth in title 8, chapter 4, "Animal Services", of this Code.

   AA.   Rooftop Service Areas (RSAs): Rooftop service areas (RSAs), as defined in chapter 9, article A of this title, are allowed in accordance with the regulations indicated in this subsection and table 4C-2 of this section. Where an RSA is allowed as a provisional use, the application for such approval shall be administered through the design review process. Where an RSA is allowed only by special exception, an application for such approval must be reviewed and approved by the board of adjustment. Any RSA accessory to a use that is licensed by the state to sell alcoholic beverages is considered a type of "outdoor service area", as defined in section 4-1-1 of this code, and is subject to the applicable regulations in title 4, "Alcoholic Beverages", of this code. Additional approval criteria apply to RSAs proposed for nonconforming drinking establishments, as set forth in subsection AA2 of this section.

 

 

      1.   Approval Criteria For Rooftop Service Areas:

         a.   Accessibility: The RSA shall meet all building and fire code requirements, be ADA compliant, include elevator service, and have accessible restrooms provided.

         b.   Design: The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and will prevent nuisance and safety issues. The applicant shall submit a design plan with the application for an RSA that, at a minimum, specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes, elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the board of adjustment may impose additional or more restrictive conditions to mitigate any anticipated externalities, including, but not limited to, restrictions on hours of operation, lighting, size, occupancy load, and setback and screening requirements.

            (1)   The RSA shall be located directly adjacent to or above the use to which it is accessory and there shall not be other uses located on floors in between the RSA and the use to which it is accessory.

            (2)   The RSA must be set back from adjacent upper floor uses and the edge of the roof and screened and completely enclosed within a decorative fence or wall built of high quality, durable materials. Landscaping elements, such as planters and green roofs, may be used to soften views or provide a buffer. The setback and screening must be established in a manner that will not unduly block light, air, or outdoor views from upper floor windows on abutting buildings.

            (3)   The RSA must be set back a minimum of ten feet (10') from the street facing edge of the roof. A smaller buffer between the RSA and the roof parapet or guardrail may be allowed, provided the buffer is determined to adequately address public safety. The buffer and screen wall shall be of a sufficient depth and/or height and constructed of attractive, durable materials that may also include landscaping elements to prevent persons from leaning or dropping things over the parapet or guardrail that encloses the terrace or rooftop. A design of the proposed buffer and screen wall shall be submitted with the application.

            (4)   The lighting must comply with chapter 5, article G, "Outdoor Lighting Standards", of this title. Except for any lighting required by the building code, lights must be turned off when the RSA is not in operation. A lighting plan shall be submitted that illustrates compliance with these standards.

            (5)   No signs shall be allowed in or on the exterior wall or fence of the RSA that are within public view, as defined in chapter 9, article A of this title.

         c.   Management:

            (1)   For RSAs that are also outdoor service areas, as defined in title 4 of this code, there must be an RSA management plan in place and at least one employee must be designated to monitor the safety and compliance of the RSA during hours of operation. The proposed management plan shall be submitted with the application. If nuisance or safety issues arise, the city may require immediate changes to the management plan and/or the number of monitors to remedy the situation and reserves the right to suspend or revoke the RSA permit.

            (2)   In the CB-10 zone, where the building containing the RSA abuts or is directly across a public alley from a property containing upper floor residential uses or hotel rooms that have windows facing the RSA, the hours of operation of the RSA are limited to ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday and ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight Friday and Saturday.

         d.   Food Service: If alcohol is being served, food service must be provided. Prior to approval of an RSA, the applicant must submit evidence indicating how this requirement will be met.

         e.   Noise: The design of the RSA must minimize the carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, or similar, may be required. Evidence of such a noise mitigation plan must be included with an RSA application. In addition, after an RSA is established, the city reserves the right to require additional measures to remedy any violation of the city's noise or nuisance ordinance, as determined by the city.

         f.   Amplified Sound: Due to the potential nuisance to neighboring properties and the general public in the surrounding neighborhood, amplified sound is only allowed for RSAs associated with hospitality oriented retail uses in the RFC-SD subdistrict and for RSAs in the CB-10 zone, subject to the limitations set forth below. RSAs accessory to hospitality oriented retail uses are not required to obtain a temporary use permit, but must comply with the city's noise and nuisance ordinance, and the standards stated below. Amplified sound is only allowed for an RSA in the CB-10 zone upon receipt of a seasonal temporary use permit, unless it is accessory to a hospitality oriented use. Permits for amplified sound are subject to the standards and restrictions set forth below and the general approval criteria for temporary uses as set forth in article D of this chapter. A temporary use permit may be denied or rescinded at the discretion of the city if noise becomes a nuisance or terms of the temporary use permit or the special exception conditions are violated.

            (1)   If an RSA is located within three hundred feet (300') of a residential zone, amplified sound is prohibited;

            (2)   The city may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of twelve o'clock (12:00) midnight and ten o'clock (10:00) A.M.;

            (3)   No live entertainment using amplification shall be allowed;

            (4)   Amplified sound may be restricted or prohibited during public events, festivals or concerts;

            (5)   The applicant must demonstrate to the satisfaction of the city that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, control of volume, or similar may be required.

      2.   Additional Special Exception Approval Criteria For Nonconforming Drinking Establishments: An RSA accessory to a nonconforming drinking establishment may be allowed by special exception provided it meets the general approval criteria for special exceptions set forth in section 14-4B-3 of this chapter, the approval criteria stated above for all RSAs and the additional approval criteria listed below:

         a.   The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contiguous means there may not be other uses located on floors in between the drinking establishment and the accessory RSA.

         b.   There shall be no horizontal expansion of the licensed drinking establishment, except as allowed per 14-4E-5G;

         c.   There shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements or conditions of the special exception, or except as allowed per 14-4E-5G. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 12-4497, 10-2-2012; Ord. 12-4503, 12-4-2012; Ord. 13-4550, 9-17-2013; Ord. 14-4587, 6-3-2014; Ord. 14-4595, 8-19-2014; Ord. 15-4641, 9-15-2015; Ord. 16-4675, 9-20-2016; Ord. 18-4744, 4-2-2018; Ord. 20-4833, 11-17-2020; Ord. 21-4856, 5-18-2021; Ord. 22-4882, 6-21-2022; Ord. 23-4893, 1-24-2023; Ord. 23-4917, 11-21-2023)

The following development standards help to ensure that accessory structures and buildings remain secondary to the principal uses and buildings on a site. The standards provide for necessary access around structures, help maintain privacy to abutting lots, and maintain open front setback areas. In addition to any requirements in the base zone and any specific approval criteria in section 14-4C-2 of this article, accessory structures are subject to the following requirements:

   A.   Time Of Construction: Accessory structures may not be constructed prior to the start of construction of the principal building on a site; except, that temporary construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction.

   B.   Setbacks:

      1.   Accessory Structures Other Than Buildings: Allowed accessory structures, other than buildings, may be located anywhere on a lot, provided the structure complies with any specific setback standards listed in section 14-4C-2 of this article, and provided that on corner lots, such a structure is located in compliance with the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title.

      2.   Detached Accessory Buildings:

         a.   Corner Lot Setback Requirements: On corner lots, detached accessory buildings must be located in compliance with the provisions of chapter 5, article D, "Intersection Visibility Standards", of this title.

         b.   Front Setback Requirements:

            (1)   Except for roadside stands, detached accessory buildings must comply with the principal building, front setback requirements of the base zone in which the building is located. Roadside stands, when allowed, are exempt from this requirement. In addition, garages and carports must comply with subsections B2b(2) and B2b(3) of this section.

            (2)   Garages and carports must be located pursuant to the site development standards of the applicable base zone.

            (3)   For single-family and two-family uses, a garage or carport must be set back at least twenty five feet (25') from any street- side lot line that the garage or carport entrance faces. (Ord. 05-4186, 12-15-2005)

         c.   Side And Rear Setback Requirements:

            (1)   Residential Zones:

               (A)   Along street-side lot lines, accessory buildings must comply with the front, principal building setback requirement. Along side or rear lot lines that are not street-side lot lines, accessory buildings must be set back at least five feet (5') from the side or rear lot line. This five foot (5') setback requirement may be reduced if an accessory building is set back at least sixty feet (60') from the edge of the street pavement. In such cases, the building may be located within three feet (3') of a side or rear property line. However, garages and carports entered directly from an alley must be set back at least five feet (5') from the alley right-of-way line, regardless of how far back the structure is from the street.

               (B)   A detached accessory building for a zero lot line dwelling must comply with the same side setback requirements as the principal dwelling. (Ord. 06-4245, 12-12-2006)

            (2)   Nonresidential Zones: Along street-side lot lines, accessory buildings must comply with the front, principal building setback requirement. Along side or rear lot lines that are not street- side lot lines, detached accessory buildings do not have a required side or rear setback, unless the detached building is a parking garage that is accessed from an alley. In such a case, the garage must be set back at least five feet (5') from the alley right-of-way line.

      3.   Attached Accessory Buildings:

         a.   An attached accessory building must comply with the setback requirements applicable to the principal building to which it is attached. In addition, attached garages and carports must comply with subsections B3b and B3c of this section.

         b.   Attached garages and carports must be located pursuant to the site development standards of the base zone.

         c.   For single-family and two-family uses, a garage or carport must be set back at least twenty five feet (25') from any street- side lot line that the garage or carport entrance faces. (Ord. 05-4186, 12-15-2005)

         d.   For purposes of determining setbacks, garages located in the rear yard and attached to the principal dwelling with a (non- habitable) breezeway (8 feet or narrower in width) will be considered detached accessory buildings and, therefore, are subject to the setback requirements for detached accessory buildings, rather than principal building setback requirements. Similarly, subject breezeways shall be treated as detached accessory structures/buildings. (Ord. 18-4744, 4-2-2018)

      4.   Adjustments To Setback Requirements:

         a.   A minor modification to reduce setback requirements for an accessory use, building, or structure may be requested according to the approval criteria and procedures for minor modifications contained in chapter 4, article B of this title.

         b.   A special exception may be requested to reduce setback requirements for an accessory use, building, or structure beyond what is allowed by minor modification. The Board of Adjustment may adjust setback requirements if the owner or lawful occupant of a property demonstrates that the general special exception approval criteria and the following specific approval criteria have been satisfied:

            (1)   The situation is peculiar to the property in question;

            (2)   There is practical difficulty in complying with the setback requirements;

            (3)   Granting the exception will not be contrary to the purpose of the setback regulations; and

            (4)   Any potential negative effects resulting from the setback exception are mitigated to the extent practical.

            (5)   The accessory use, building or structure will be located no closer than three feet (3') to a side or rear property line, unless the side or rear property line abuts a public right-of-way or permanent open space.

   C.   Building Separation And Lot Coverage:

      1.   In residential zones, the combined footprint of all detached accessory buildings may not exceed fifteen percent (15%) of the total lot area. The area of any outdoor special vehicle storage area must also be included as a part of this fifteen percent (15%) lot coverage limitation.

      2.   No portion of a detached accessory building may be located closer than three feet (3') to the principal building.

      3.   There must be at least three feet (3') between all unattached accessory buildings.

   D.   Height:

      1.   In residential zones, one story accessory buildings and structures, except for those specifically exempted, may not exceed a height of fifteen feet (15'). One and one-half (11/2) story and two (2) story accessory buildings may not exceed a height of twenty feet (20').

      2.   In nonresidential zones, accessory buildings and structures, except for those specifically exempted, may not exceed the maximum height standard of the base zone in which the structure is located.

      3.   Structures and building features that are exempt from the maximum height standards of the base zone are also exempt from the applicable height standards listed in subsections D1 and D2 of this section.

      4.   A minor modification may be requested adjusting the maximum height for an accessory building according to the procedures and approval criteria for minor modifications contained in chapter 4, article B of this title. (Ord. 05-4186, 12-15-2005)

The purpose of the temporary use regulations is to allow short term and minor deviations from the requirements of this title for uses which are truly temporary in nature, will not adversely impact the surrounding area and land uses, and which can be terminated and removed immediately. Temporary activities are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses have no inherent rights within the zone in which they locate. (Ord. 05-4186, 12-15-2005)

The following temporary principal and accessory uses are allowed, subject to approval by the building official through the temporary use permit process described in this article and any conditions specified herein:

Christmas tree sales lots; however, a permit is not required when such sales are in conjunction with an established commercial business, provided such activity occurs only from November 1 through December 31.

Circuses, rodeos and carnivals.

Construction activities pursuant to a valid building permit that temporarily violate the performance standards contained in chapter 5, article H of this title.

Fairs, festivals and concerts, when not held within premises designed to accommodate these types of events, such as auditoriums, stadiums, or other public assembly facilities.

Football game day commercial use.

Halloween haunted houses for fifteen (15) to forty five (45) days, one event per year.

On and off site contractors' construction yards in conjunction with an approved development project.

Outdoor display and sale of first-class and/or second-class consumer fireworks, as defined by the American Pyrotechnics Association, according to the restrictions and dates of sale set forth in title 661 Iowa Administrative Code chapter 265, Consumer Fireworks Sales Licensing and Safety Standards. Outdoor display and sales of such fireworks are only allowed in industrial zones.

Outdoor display and sales of merchandise within commercial districts, including merchandise customarily sold on the premises by a permanently established business.

"Outdoor service area", as defined in title 4 of this Code, operated in conjunction with a licensed establishment that is a nonconforming eating establishment, an eating establishment allowed pursuant to a Residential Planned Development Overlay Zone, or an eating establishment located in the Mixed Use Zone.

Real estate sales centers and model homes, provided the center or use of a home as a model is discontinued when the number of dwelling units remaining to be sold is less than ten percent (10%) of the total number of dwelling units approved for the development or five (5) units, whichever is less. Employees at the approved real estate center are limited to the minimum number necessary to show and sell the dwelling units within the same development. The hours of operation are limited to the hours between eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M.

Seasonal permit for any proposed amplified sound for rooftop service areas (RSAs) located in the Central Business District (CB-10), subject to the standards and restrictions set forth in subsection 14-4C-2AA, "Rooftop Service Areas (RSAs)", of this chapter, and any other conditions deemed appropriate by the City to ensure the general comfort, welfare and safety of the public.

Seasonal permit for limited use of amplified background music in outdoor service areas associated with eating or drinking establishments located in the Riverfront Crossings - South Gilbert (RFC-SG) or Riverfront Crossings - West Riverfront (RFC-WR) Zones, according to the approval criteria set forth in section 14-4D-4 of this article and any associated conditions deemed appropriate by the City to advance the purpose of the approval criteria.

Temporary auto sales lots.

Temporary parking areas in conjunction with a permitted use.

Other temporary uses which, in the determination of the building official, are compatible with the zone and surrounding land uses. (Ord. 05-4186, 12-15-2005; amd. Ord. 11-4437, 7-5-2011; Ord. 14-4594, 8-19-2014; Ord. 15-4641, 9-15-2015; Ord. 17-4694, 3-7-2017; Ord. 17-4732, 11-21-2017)

A temporary use permit is required for all temporary uses listed in section 14-4D-2 of this article, unless specifically exempted. Tailgating and tailgate parking held on home Iowa football game days do not require a temporary use permit. Procedures for obtaining a permit are contained in chapter 8, article B, "Administrative Approval Procedures", of this title. (Ord. 11-4437, 7-5-2011)

A temporary use permit will be approved, approved with conditions, or denied by the building official within ten (10) business days after submittal of a complete application. A temporary use must meet the following approval criteria:

   A.   The proposed use is temporary or seasonal in nature and will not continue for more than the time period specified in the application. Except for temporary uses specifically approved for longer periods, such as model homes or real estate sales offices, temporary uses must not continue for more than one hundred eighty (180) days for outdoor temporary uses or one year for temporary uses within a building;

   B.   The proposed temporary use will not necessitate permanent improvements to the site;

   C.   The site is physically suitable for the type and intensity of the proposed use;

   D.   The proposed temporary use is compatible with the land uses presently on the site and with existing land uses in the general area;

   E.   There is adequate provision for public and private utilities and services to ensure that the proposed temporary use will not be detrimental to public health and safety;

   F.   There is adequate provision for public and emergency access to serve the proposed temporary use; and

   G.   Any impacts of the proposed temporary use are mitigated. (Ord. 05-4186, 12-15-2005)

   H.   Football game day commercial use:

      1.   Display Permit: Vendors must prominently display the permit and it must be clearly viewable from the public right-of-way.

      2.   Assignment And Use By Others: A vendor may not assign its space/permit to any other vendors.

      3.   Location: Vendors are only allowed to locate along the Melrose Avenue street frontage between the Iowa Interstate Railway right- of-way and Melrose Circle.

      4.   Setup/Teardown: Vendors are not allowed to set up before ten o'clock (10:00) A.M. the day before game day and must tear down/remove all equipment and materials after each game.

      5.   Cleanup Responsibility: All vendors must keep any area where they vend litter free and shall remove litter from any adjacent public property/right-of-way. Vendors shall provide a trash container with unfilled capacity at all times. Vendors with liquid waste (oil, grease, gray water, etc.) must provide disposal units for the waste. Commercial liquid waste shall not be placed in gutters, port-a-johns or on the ground.

      6.   No Blocking Of Sidewalk/Right-Of-Way: No vendor shall block or obstruct the free movement of pedestrians or vehicles on a sidewalk, street, or other public right-of-way. Tents/stands must be set back at least two feet (2') from the back edge of public sidewalks.

      7.   Signage: Vendor signage is only allowed on the vendor's stand/vehicle/tent and is not allowed on utility poles across the public sidewalk, on buildings or as yard signs. No electrically lit signs will be allowed.

      8.   Sales Tax Permit: Each vendor whose sales are subject to sales tax must provide a copy of their sales tax permit.

      9.   Insurance/Indemnification: All vendors must provide to the city evidence of comprehensive general liability insurance of five hundred thousand dollars ($500,000.00) per occurrence and one million dollars ($1,000,000.00) aggregate and must indemnify the city against all damages that may result from the vendor's permitted temporary commercial use and/or the vendor's use of the public right of way.

      10.   Fire Extinguishers: All vendors must provide at least one 5-pound, 2A 10 BC extinguisher that is functional and accessible at all times.

      11.   Health Permits: All food vendors must secure necessary health permits from the Johnson County department of health and prominently display the permit so it is clearly viewable from the public right of way.

      12.   Cooking Tents: All tents used for cooking (regardless of size) must be approved by the fire code/building official. Cooking tents will be required to be separated from other tents, parked vehicles and lot lines. LP containers exceeding ninety six (96) pounds require approval from the fire code/building official.

      13.   Tent Size: All tents and membrane structures having an area in excess of four hundred (400) square feet shall not be erected or operated for any purpose without first obtaining approval from the fire code/building official.

      14.   Alcohol: No alcohol is allowed to be sold, dispensed or otherwise made available to the public in conjunction with any temporary commercial use.

      15.   Utility Location: Any tents and membrane structures using stakes or similar ground attachments must call the city for utility location at least twenty four (24) hours before setup. Vendors must comply with "One Call" utility location requirements.

      16.   Violation Of These Provisions: Any violation of the temporary use permit conditions will result in a civil citation and loss of the temporary commercial use permit for a minimum of seven (7) home games. The city also reserves the right to deny a temporary use permit for the same location for a minimum of seven (7) home games. (Ord. 11-4437, 7-5-2011)

   I.   Where an outdoor service area is allowed only as a temporary use pursuant to this article, a temporary use permit may be granted upon satisfaction of the following additional approval criteria:

      1.   The outdoor service area is operated in conjunction with a "restaurant" as defined in title 4, "Alcoholic Beverages", of this code.

      2.   The outdoor service area shall only be operational while the establishment is serving food from an on premises kitchen and the outdoor service area must be closed to all patrons by ten o'clock (10:00) P.M. or when the kitchen is closed, whichever is earlier.

      3.   The outdoor service area occupancy limit shall not exceed thirty (30) persons.

      4.   A lighting plan for the outdoor service shall be filed with the application and approved by the building official.

      5.   The outdoor service area is located on the street facing side of the building, or in an enclosed courtyard.

      6.   Conformance with all other criteria in title 4, "Alcoholic Beverages", of this code. (Ord. 14-4594, 8-19-2014)

   J.   Where amplified sound is allowed in an outdoor service area as a temporary use pursuant to section 14-4D-2 of this article, a temporary use permit may be granted upon satisfaction of the following additional approval criteria and shall be operated accordingly:

      1.   Amplified sound is only allowed if the outdoor service area is located more than three hundred feet (300') from any residential zone.

      2.   Amplified sound shall be limited to background music intended to enhance the outdoor dining experience associated with an eating or drinking establishment and therefore should be kept at a low volume that will not inhibit normal conversation within the outdoor service area and will minimize carry to areas outside the outdoor service area.

      3.   Amplified background music is only allowed if the outdoor service area is located more than one hundred feet (100') from any other outdoor service area, unless it can be demonstrated that the amplified sound from the outdoor service area is not audible within the other outdoor service area.

      4.   The city may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of twelve o'clock (12:00) midnight and ten o'clock (10:00) A.M.

      5.   Amplified sound may be restricted or prohibited during public events, festivals or concerts.

      6.   The applicant must submit a sound mitigation plan in accordance with subsection 4-3-1C5 of this code.

      7.   Live entertainment, movies, DJs, or presentations using amplification are not allowed under this permit. A separate temporary use permit is required for these types of special events. (Ord. 17-4694, 3-7-2017)

In approving an application for a temporary use permit, the building official may impose conditions deemed reasonable and necessary to ensure that the permit will be in accordance with the approval criteria required by this article and to satisfy public needs directly caused by the proposed temporary use. These conditions may involve any pertinent factors affecting the operation of such temporary event or use, and may include, but are not limited to: (Ord. 05-4186, 12-15-2005)

   A.   Provision for a fixed period of time, not to exceed one hundred eighty (180) calendar days, for a temporary use not occupying a structure, including promotional activities; or one year for outdoor service areas, all other uses, and structures; or for a shorter period of time as determined by the building official; (Ord. 14-4594, 8-19-2014)

   B.   Provision for temporary parking facilities, including vehicular ingress and egress and appropriate circulation. Parking required for temporary and principal commercial uses may be reduced up to ten percent (10%) if sufficient evidence is presented that parking will be adequate to meet the demand for the proposed temporary use and any permanent uses on the site;

   C.   Regulation of nuisance factors such as, but not limited to, prevention of glare, light trespass, noise, vibration, smoke, dust, dirt, odors, gases, or heat that create a nuisance or safety hazard for neighboring properties;

   D.   Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

   E.   Provision for sanitary and medical facilities;

   F.   Provision for solid, hazardous and toxic waste collection and disposal;

   G.   Provision for security and safety measures;

   H.   Provision for regulation of signs;

   I.   Regulation of operating hours and days, including limitation of the duration of the temporary use;