The regulations set forth in this article shall apply to all districts and permitted uses in the city.

On a corner lot, no structure shall be erected or constructed, and no vegetation shall be planted and allowed to grow, in such a manner as to impede vision between a height of two feet and eight feet above the centerline grades of the intersecting streets, in the triangular area bounded by the intersection street lines and a line joining points along said street lines 20 feet from the point of their intersection.

(a)

Minimum front and side building setback lines shall be as set forth in the city's subdivision ordinance, unless a more restrictive requirement is contained herein, in which case the more restrictive requirement shall control.

(b)

On a double frontage interior lot, or a comer lot, the depth of the required yard adjacent to the side or rear street, as applicable, shall not be less than the required front yard on the same side of such street between intersecting streets; provided, however, the buildable width of a lot of record shall not be reduced to less than 30 feet.

(c)

No building shall project into or over a required yard adjacent to a street.

(d)

For the purpose of side yard regulations, a two-family dwelling or multifamily dwelling shall be considered as one building occupying one lot.

(e)

The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of window sills, belt courses, cornices or other ornamental features.

(f)

A roof overhang, an open fire escape or an outside stairway may project not more than three feet (3') into a required yard, but no closer than three feet to a lot line.

(g)

In District SFR, an accessory building not exceeding 20 feet in height may occupy a maximum of 25 percent of the required rear yard, and unenclosed parking spaces may occupy a maximum of 80 percent of the area of a required rear yard provided that the total lot coverage shall not exceed the maximum allowable for the district in which the lot is located. No accessory building shall be closer to any rear or side lot line than applicable zoning district regulations allow.

Private swimming pools shall be enclosed by a wall or fence at least six feet in height with automatically locking gates. This section shall apply to all swimming pools, regardless whether existing before this ordinance was passed, and regardless of any section otherwise allowing nonconforming uses.

(a)

General.

(1)

Intent/purpose. The City of Iowa Colony recognizes the desire and/or need of some citizens to use a portion of their residence for business activities in order to reduce trip generation and to provide another economic development tool, but it also recognizes the need to protect the surrounding areas from adverse impacts generated by these business activities.

(2)

Aggregate totals of multiple home-based businesses. The quantitative limits and all other requirements in this section apply to the aggregate total from all home-based businesses located partly or wholly on the premises. For example, there may be multiple home-based businesses on the premises, but they must share the total, aggregate limit of 25 percent of the area of all permitted structures, as more specifically stated in subsection (d), and the total, aggregate limit of two additional vehicles and 22 additional vehicle trips per day (subsection (g)(2)).

(b)

Administration.

(1)

Registration. Type A home office and Type B home-based business use shall not require registration. All Type C home-based businesses with one or more customers or prospective customers coming or invited to the premises shall require registration with the City of Iowa Colony by using a home-based business registration form provided by the city.

(2)

Permit. Type A home office and Type B home-based business use shall not require a business permit. All Type C home-based businesses with one or more customers or prospective customers coming or invited to the premises shall require a business permit with the City of Iowa Colony by using a home-based business permit form provided by the city. Permits shall be valid for two years.

(3)

Permit renewal. Required permits for Type C home-based business shall be renewed prior to the expiration of a then valid permit so that a valid permit shall be in effect at all times while the Type C home-based business is in operation. Permit renewals shall be valid for two years.

(4)

Inspections. Type C home-based business permit holders shall grant the City of Iowa Colony the right to inspect the home-based business residence for compliance with home-based business regulations.

(c)

Enforcement. Home-based businesses shall be divided into types as follows:

(1)

Type A, telecommuters and home-office use: No business permit is required.

(2)

Type B, online sales: No business permit is required.

(3)

Type C, professional services: No Type C home-based business with one or more customers or prospective customers coming or invited to the premises shall be conducted until a home-based business permit application has been approved by the City of Iowa Colony. The application shall include the following:

a.

The address of the property;

b.

The resident's name;

c.

The owner's name (if different than resident);

d.

The type of business and business activities;

e.

The number of employees;

f.

The location and area of the home-based business within the premises;

g.

The vehicles used in the home-based business;

h.

The number of expected customer visits per day;

i.

The home-based business tax ID number or EIN.

The building official or his/her designee shall issue the Type C home-based business permit for the following Type C home-business uses permitted herein or provide the applicant reasons for denial in the event that the application is not approved, within three business days. The applicant may appeal the building official's or his/her designee's decision to deny a Type C home-based business permit to the Zoning board of adjustment.

The Type C home-based business permit is valid for a two-year period and must be renewed if the residence continues to be used for business activities. The building official has the right to inspect the Type C home-based business and premises to check for compliance with the Type C home-based business regulations.

The zoning board of adjustment shall conduct a public hearing for any type C home-based business use that is not included in the herein listed type C permitted home-based business uses. The applicant shall post a sign on the property at least ten days prior to the public hearing in a format stated by the city. The city shall notify all property owners within 200 feet of the applicant's property regarding the purpose, date, time, and place of the public hearing.

Fees for Type C home-based business permits shall be specified in the city schedule of fees and charges.

(d)

Use of the residence. The home-based business must be conducted within, and any associated storage must be contained within, the principal residential structure and/or one permitted accessory structure that is also reasonably useful for a common residential purpose, regardless whether actually so used, and shall not use more than 25 percent of the total gross floor area of all the permitted structures.

(e)

Permitted home-based businesses.

(1)

Type A, telecommuters and home-office use.

(2)

Type B, online sales.

(3)

Type C, professional services.

a.

Offices for such professionals, such as, but not limited to, architects, brokers, counselors, clergy, dentists, doctors, draftspersons and cartographers, engineers, insurance agents, lawyers, real estate agents, accountants, editors, publishers, journalists, psychologists, contract management, graphic design, construction contractors, landscape design, surveyors, cleaning services, salespersons and manufacturer's representatives, and travel agents;

b.

Personal services, including barbershops, beauty parlors, manicure and pedicure shops, pet grooming, catering and chauffeuring services;

c.

Instructional services, including music, dance, art and craft classes, and tutoring;

d.

Babysitting services and home day care;

e.

Studios for artists, sculptors, musicians, photographers, and authors;

f.

Workrooms for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, cabinetry, and woodworking;

g.

Repair services, including watches and clocks, small appliances, computers, and electronic devices; and

h.

Agricultural sales of products grown or produced on site is a permitted Type C home-based business, and such sales do not require registration and do not require a Type C home-business permit;

It is recognized that this list may not be totally inclusive. The building official shall make the determination of whether an unlisted business is similar to a listed permitted use and issue or deny a Type C home-based business permit. The building official or his/her designee shall issue the Type C home-based business permit for the Type C home-business occupations permitted herein or determined to be similar or provide the applicant reasons for denial in the event that the application is not approved, within three business days. The applicant may appeal the building official's or his/her designee's decision to deny a Type C home-based business permit to the zoning board of adjustment.

(f)

Prohibited home-based businesses.

(1)

Prohibited home-based businesses include:

a.

Boarding kennels and veterinarian clinics or hospitals;

b.

Medical and dental clinics, and hospitals;

c.

Restaurants, clubs, and drinking establishments;

d.

Motor vehicle/small engine repair;

e.

Undertaker and funeral parlors;

f.

Retail sales of goods not made on the premises; and

g.

Sexually oriented businesses.

(g)

Operational standards. The following operational standards apply to all home-based businesses, including Type A, Type B, and Type C, unless noted otherwise:

(1)

Authorization. Home-based businesses shall be permitted on property used for residential purposes, regardless how zoned, provided such home occupation is incidental and subordinate to the use of the premises for residential purposes and in compliance with all the provisions herein.

(2)

No home-based business shall result in the increase by more than two additional vehicles at any time in the number of motor vehicles parked on-site or result in the increase of the number of vehicles traveling to and from the applicable dwelling over 22 vehicle trips per day (24-hour period) (a trip to and a trip from the site is considered two vehicle trips).

(3)

The home-based business shall be conducted in such a way that it does not create parking or traffic congestion or otherwise place an undue burden on the abutting or adjoining property or streets in the immediate neighborhood. In no case shall the customers or clients of the home-based business be allowed to park on any public street or right-of-way.

(4)

No stock in trade shall be stored, displayed or sold outdoors on the premises except for agricultural goods produced on the premises.

(5)

Only members of the family residing on the premises shall be employed in the home-based business.

(6)

No noxious or offensive noise, fumes, smoke, electrical or magnetic interference, vibration, heat, glare or other nuisance shall be emitted onto any other property. This and all other requirements for any type of home-based business are in addition to those performance standards indicated elsewhere in the City of Iowa Colony Zoning Ordinance.

(7)

The home-based business shall be conducted entirely within the main dwelling unit and/or within one permitted accessory structure.

(8)

The conduct of the home-based business shall not be easily visible from any street or adjacent property, public or private.

(9)

No external alterations, special construction, or other similar feature shall be added to the exterior of the main dwelling unit or accessory structure thereto to facilitate the home-based business.

(10)

No sign relating to the home-based business of any type shall be permitted on the premises except as allowed in the sign ordinance.

(11)

No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed.

(12)

No permitted accessory building used for a permitted home-based business may be located within 200 feet of any other off-site residence.

(13)

No separate vehicular entrance or driveway may be constructed to facilitate the home-based business.

(14)

The hours of operation open to non-employees for Type C home-based business shall be limited to no earlier than 8:00 a.m. and no later than 9:00 p.m., but the hours of operation for a babysitting service or home day care shall be as provided by law.

(15)

The Type C home-based business use and permit is designated for the home-based business permit applicant only. A home-based business permit cannot be owned, given, sold, or granted to any person other than the original home-based business permit applicant. Any transfer or change in ownership or use immediately invalidates the home-based business permit.

(Ord. No. 2019-27, § 5, 7-22-2019)

Accessory uses and structures are permitted in any zoning district in connection with any main use lawfully existing within such district provided that all accessory structures shall comply with applicable regulations for the district in which the structure is located.

Temporary uses incidental to construction, but not otherwise lawful within a district, shall be authorized during periods of construction of buildings or structures otherwise permitted in such district.

(a)

This ordinance shall not impair any of the provisions of Ordinance 98-5 (the manufactured home park ordinance), Ordinance 98-6 (the manufactured home ordinance) or Ordinance 2006-06 (the subdivision ordinance), as any of those ordinances may be amended from time to time. In the event of any conflict between the terms of this ordinance and the terms of said ordinances or any other ordinances of the city, then the provision with the most restrictive terms shall govern and control.

(b)

Any reference in the zoning ordinance to the zoning ordinance or to any other ordinance shall mean such ordinance as amended from time to time.