Chapters 165A through 165D of this Code of Ordinances may be known and cited as the “City of Jesup, Iowa Zoning Code” (and are referred to herein as the “Zoning Code.”). This chapter shall be known as, and may be referred to and cited as, Chapter 165A (Zoning: General Regulations). It is adopted in accordance with the City Comprehensive Plan. The adoption of this chapter, and of Chapters 165B (Zoning: Administration), 165C (Zoning: Zoning Districts), and 165D (Zoning: Additional Regulations), repeals Title VI, Chapter 5 (Ordinance No. 354), “Zoning Ordinance of the City Code of Jesup,” and all of the amendments thereto. The aforementioned chapters are enacted in lieu thereof as new Ordinance Number 472† 7 , “The City of Jesup, Iowa Zoning Ordinance,” and shall be integrated into this Code of Ordinances. Ordinance Number 472 (and all of the amendments thereto) is an ordinance creating updated zoning regulations for the purpose of protecting health, welfare, and public safety within the City. Ordinance Number 472, as adopted, shall be in full force and effect, as a part of this Code of Ordinances, upon publication.

The various use districts created by the Zoning Code were adopted for the purpose, among others, of:

1.   Implementing the Comprehensive Plan for the City;

2.   Promoting the public health, safety, morals, comfort, and general welfare, and preserving the natural, scenic, and historically significant areas of the City;

3.   Helping to achieve greater efficiency and economy of land development by promoting the grouping of those activities which have similar needs and are compatible;

4.   Encouraging such distribution of population, classification of land use, and distribution of land development throughout the City that will tend to facilitate adequate and economic provision of transportation, communication, water supply, drainage, sanitation, education, recreation, and other public requirements;

5.   Lessening or avoiding congestion in the public streets and highways;

6.   Seeking to protect against fire, explosion, noxious fumes, flood, panic, and other dangers in the interest of public health, safety, comfort, and general welfare;

7.   Helping to ensure that all residential, commercial, and manufacturing structures, as well as other types of structures, will be accessible to fire fighting and other emergency equipment;

8.   Prohibiting the formation or expansion of nonconforming uses of land, buildings, and structures which adversely affect the character and value of desirable development in each district;

9.   Promoting the development of residential neighborhoods which are free of noise, dust, fumes, and heavy traffic volumes in which each dwelling unit is assured of light, air, and open spaces;

10.   Helping to prevent land development activities which lead to roadside blight and to minimize the effects of nuisance producing activities;

11.   Preventing, whenever possible, land boundary disputes or real estate title problems;

12.   Providing for a balance between the land use rights of individual landowners and the economic, social, and environmental concerns of the public when the City is developing or enforcing land use regulations;

13.   Promoting and guiding the continued growth and expansion of the City while protecting the natural, economic, historic, and scenic resources of the City;

14.   Conserving the taxable value of land and buildings throughout the City; and

15.   Defining the powers and duties of the Zoning Administrator and other bodies, as provided herein.

The Zoning Code classifies and regulates the use of land, buildings, and structures within the corporate limits of the City and hereinafter set forth. The regulations contained herein are necessary to promote the health, safety, convenience, morals, and welfare of the inhabitants, and to preserve the natural, scenic, and historically significant areas of the City by dividing the City into zoning districts and regulating therein the use of the land and the use and size of the buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings, and the density of population.

The authority for the chapters that comprise the Zoning Code is granted by Chapter 414 of the Code of Iowa.

The City Council, Planning and Zoning Commission, and Board of Adjustment, which are public bodies, are subject to the terms, regulations, and restrictions of the Iowa Open Meeting Law, Chapter 21 of the Code of Iowa as amended. Wherever in this Code of Ordinances a conflict appears between the Code of Ordinances and the open meeting law, the open meeting law shall control.

For the purpose of the Zoning Code, and in order to carry out the provisions contained herein, certain words, terms, phrases, and illustrations are to be interpreted and defined herein. Words used in the present tense shall include the future tense; the singular number includes the plural, and the plural number includes the singular. The word “shall” is mandatory; the word “may” is permissive. The following words, terms, and phrases are hereby defined and shall be interpreted as such throughout these regulations. Terms not herein defined shall have the meaning customarily assigned to them.

1.   Definitions For Terms Beginning With “A.”

   A.   “Accessory building or use” means a detached building or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal building or use. (See Section 165A.13 for accessory building standards.)

   B.   “Act of God” means a flood, tornado, wind, hail, or thunderstorm.

   C.   “Agricultural uses” means uses primarily adapted for growing or raising crops or animals which are used for food, fuel, or fiber.

   D.   “Alley” means a public way, other than a street, 16 feet in width affording secondary means of access to abutting property.

   E.   “Apartment” means a room or suite of rooms used as the dwelling for a household, including bath and culinary accommodations for each apartment, located in a building in which there are three or more such dwelling units.

   F.   “Appeal” means a request for review, by the Board of Adjustment, of the Zoning Administrator’s interpretation of any provision of this chapter.

   G.   “Auto body repair shop” means any building, structure, or land used for automobile body repair, restoration, and painting.

2.   Definitions For Terms Beginning With “B.”

   A.   “Basement” or “cellar” means a portion of a building having two or more of its sides below grade. A basement or cellar is not included in computing the number of stories for the purpose of height measurement.

   B.   “Bed and Breakfast” means an owner-occupied dwelling unit that contains no more than three guest rooms where lodging, with or without meals, is provided for compensation.

   C.   “Block” means an area of land within a subdivision that is entirely bounded by streets, railroad rights-of way, rivers, tracts of public land, or the boundary of the subdivision.

   D.   “Billboard” means a type of sign having more than 100 square feet of display surface which is either erected on the ground or attached to, or supported by, a building or structure.

   E.   “Board of Adjustment” means the Zoning Board of Adjustment of the City.

   F.   “Boarding, rooming, or lodging house” means a building other than a hotel where, for compensation and by arrangement, meals and lodging are provided for three or more persons on a weekly basis.

   A.   

   G.   “Breezeway” means a roofed or covered walkway between a principal building and accessory building. If connected to the principal building with a breezeway, an accessory building is no longer accessory to the principal use or building, and said building shall be considered part of the principal building for determining bulk requirement standards.

   H.   “Building” or “structure” means any structure designed or built for supporting, enclosing, or sheltering of any use or occupancy. This definition does not include signs of any type.

   I.   “Building Code” means the International Building Code (IBC) and the International Residential Code (IRC) as adopted by the City.

   J.   “Building height” means the vertical distance from the sill plate to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the highest point of the building or roof line for gable, hip, and gambrel roofs. The only exceptions to the building height requirements set forth in the Zoning Code appear in Section 165D.06.

   K.   “Building line” means a line on a plat between which said line and a street, alley, or private place, no building or structure may be erected.

   L.   “Building official” means the designated authority charged with the administration and enforcement of the Building Code in the City.

   M.   “Business or commercial use” means engaging in the purchase, sale, or exchange of goods or services, or the operation for profit of offices or recreational or amusement enterprises.

3.   Definitions For Terms Beginning With “C.”

   A.   “Car wash” means a building, or portion thereof, containing facilities for washing two or more automobiles using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devises, or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by a customer.

   B.   “Carport” means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides. A carport attached to a principal building shall be subject to all yard requirements herein.

   C.   “Channel” means a natural or human-made open watercourse with definite bed and banks which periodically or continuously contains moving water; or which forms a connecting link between two bodies of water.

   D.   “Child care center, institutional” means any established institution, such as a church or non- profit organization, which receives three or more children under the age of 16 years for care apart from their natural parents, legal guardian, or custodians, when received for regular periods of time for compensation. An institutional child care center shall not be conducted in a dwelling unit or private home.

   E.   “Child care center, in-home” means an organization located in a dwelling unit or private home which provides care services for children under the age of 16 years for care apart from their natural parents, legal guardian, or custodians, when received for regular periods of time for compensation. For the purposes of this chapter, a child care center operated in the home shall be considered a home occupation and shall follow the provisions outlined in this chapter.

   F.   “City Engineer: means the professional engineer registered in the State of Iowa designated as City Engineer by the City Council or other hiring authority.

   G.   “Clinic” means a building or buildings used by physicians, dentists, osteopaths, chiropractors, and allied professions for outpatient care of persons requiring such professional service.

   H.   “Commercial sales, electronic” means sales of merchandise by means of telephone, fax, or internet. No outside storage is allowed under this particular use. Not limited to materials, components, parts, storage containers, machinery, or other equipment.

   I.   “Common sewer system” means a central sewer collecting system, if available, to each platted lot and discharging into a treatment plant, the construction and location of which is approved by the City along with the County or State Board of Health.

   J.   “Common water system” means a central water supply system, if available, to each platted lot from one single source, approved by the City along with the County or State Board of Health.

   K.   “Comprehensive Plan” means the general plan outlining the development of the community, which may also be titled or referred to as the Master Plan, Comprehensive Land Use Plan, or some other title, which has been adopted by the City Council. Said Comprehensive Plan shall include any part of such plan separately adopted and any amendment to such plan or parts thereof.

   L.   “Consignment and auction sales operations” means a business which, as a primary use, stores and sells personal property of others to the public either indoors or outdoors.

   M.   “Contiguous” means adjoining or lying next to.

   N.   “Convenience store” means a retail store that is designed and stocked to sell primarily food, beverages, fuel, and other household supplies to customers who purchase only a relatively few items. It is designed to attract (and depends upon) a large volume of stop-and-go traffic.

   O.   “Court” means an open, unobstructed, and unoccupied space other than a yard which is bounded on two or more sides by a building on the same lot.

   P.   “Cul-de-sac” means a street, which is not longer than 500 feet in length, having one end connecting to another street that is terminated by a vehicular turn around. A cul-de-sac shall have an outside paved roadway diameter of at least 90 feet and a street property line diameter of at least 110 feet.

   Q.   “Curb line” means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be determined by the City Engineer.

4.   Definitions For Terms Beginning With “D.”

   A.   “Deck” means an outdoor structure that is attached or unattached to a house or accessory building which is generally constructed of wood or structurally approved materials and used for recreational or relaxation purposes. A deck is not an accessory building unless it is a minimum of six feet away from other buildings or structures. An attached deck shall be considered part of the principal building for setback measurement purposes.

   B.   “Developer” means the legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.

   C.   “Development” means any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

   D.   “Developmentally disabled” means, for the purpose of the family home provisions of this chapter, a disability of a person which has continued or can be expected to continue indefinitely and which is one of the following:

      (1)   Attributable to mental retardation, cerebral palsy, epilepsy, or autism.

      (2)   Attributable to any other condition found to be closely related to mental retardation.

      (3)   Attributable to dyslexia resulting from a disability.

      (4)   Attributable to a mental or nervous disorder.

   E.   “District” means a section or sections of the City within which certain uniform regulations and requirements governing the use of buildings and premises or the height and areas of buildings and premises are enforced.

   F.   “Drive-in restaurant or refreshment stand” means any place or premises principally used for the sale, dispensing, or serving of food, refreshment, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on or off the premises.

   G.   “Driveway” means a private roadway, providing access for vehicles to a parking space, garage, dwelling, or other structure.

   H.   “Dump” or ”landfill” means a premises used for the disposal of clean type of fill material or refuse, such as dirt, rocks, bricks, concrete, rubble, tree branches, and similar materials, but not including organic matter of any type, such as garbage or dead animals or portions thereof.

   I.   “Dwelling” means any building or portion thereof which is designed for or used exclusively for residential purposes but not including a tent, cabin, trailer, or mobile home.

   J.   “Dwelling, attached” means a dwelling that is physically-attached by a common roof, wall, or floor to another dwelling or accessory building.

   K.   “Dwelling, condominium” means a multiple-family dwelling with common approved walls, as defined herein, whereby the title to each dwelling unit is held in separate ownership, and the real estate on which the units are located is held in common or association ownership solely by the owners of the units with each owner having an undivided interest in the common real estate.

   L.   “Dwelling, detached” means a dwelling which is not attached to any other dwelling or accessory building by any means. The detached dwelling does not have any roof, wall, or floor in common with any other dwelling unit or accessory building and is a minimum of five feet away from other buildings or structures.

   M.   “Dwelling, duplex (two-family)” means a detached residential building containing two dwelling units, designed for occupancy by not more than two families, with separate housekeeping and cooking facilities for each dwelling unit.

   N.   “Dwelling, multiple-family” means a residential building designed for occupancy by three or more families, with separate housekeeping and cooking facilities for each dwelling unit.

   O.   “Dwelling, row house or townhouse” means a series of three or more individual dwellings in a continuous row that are on individual lots and constructed with common approved walls.

   P.   “Dwelling, single-family” means a detached residential dwelling unit, other than a mobile home, designed for occupancy by one family only. Single-family dwelling shall include a “manufactured home”, as herein defined.

   Q.   “Dwelling Two-Family-Duplex” means a detached residential building containing two dwelling units, designed for occupancy by not more than two families with separate housekeeping and cooking facilities for each dwelling unit.

   R.   “Dwelling unit” means a room or group of rooms which are arranged, designed, or used as living quarters for the occupancy of one family containing bathroom or kitchen facilities or both.

5.   Definitions For Terms Beginning With “E.”

   A.   “Earth home” means a structure that is built for habitation below the finished or natural grade on two or more sides and may be constructed with passive solar energy generation in mind.  An earth home is to be considered a single-family dwelling for the purposes of this chapter. This definition is not to be confused with the definition of a basement or cellar.

   B.   “Easement” means a grant of one or more of the property rights by the property owner to or for the use by the public, a corporation, or another person or entity.

   C.   “Economic base” means the production, distribution, and consumption of goods and services within a planning area.

   D.   “Egress” means an exit.

   E.   “Elder home” means a home for elderly residents that conforms to the definition of family home in this chapter.

   F.   “Eminent domain” means the authority of a government to take, or to authorize the taking of, private property for public use for just compensation.

   G.   “Environmental impact statement (EIS)” means a statement on the effect of development proposals and other major activities that significantly affect the environment.

   H.   “Essential services” means the erection, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of: (i) underground or overhead gas, electrical, steam, or water distribution systems; or (ii) collection, cable television, supply, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, streets, bridges, rights-of-way, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the adequate service by such public utilities or municipal or other governmental agencies for the public health, safety, or general welfare of the City. All buildings or telecommunication towers associated with essential services also shall abide by the Zoning Code. (See Section 165A.19)

   I.   “Exotic animals” means domesticated animals kept for commercial or personal purposes that are not common domesticated animals including, but not limited to: emus, ostriches, llamas, monkeys, snakes, spiders, chinchillas, and mink.

6.   Definitions For Terms Beginning With “F.”

   A.   “Family” means one or more persons occupying a single dwelling unit, provided that all members are related by blood, marriage, or adoption.

   B.   “Family home” means a community-based residential home which is licensed as a residential care facility licensed under Chapter 135C of the Code of Iowa or as a child foster care facility under Chapter 237 of the Code of Iowa to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel. A family home does not mean an individual foster care family as licensed under Chapter 237 of the Code of Iowa.

   C.   “Farm animals” means animals useful to humans, including but not limited to: dairy animals, poultry, livestock (including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals), bees, fish, and fur animals, but not including rabbits kept as pets.

   D.   “Feasibility study” means an analysis of a specific project or program to determine if it can be successfully carried out.

   E.   “Fence, residential” means a barrier or structure erected in a Residential District intended to provide security, mark a boundary, or as a means of landscaping. Such fence shall be constructed of materials commonly used for landscape fencing such as masonry block, lumber, or chain link, but shall not include corrugated sheet metal, barbed wire, or salvage material.

   F.   “Fence, non-residential” means a barrier or structure erected in a district other than a Residential District intended to provide security, mark a boundary, or a means of landscaping. No such fence shall be constructed of salvaged material or barbed wire.

   G.   “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from: (i) the overflow of inland or tidal waters; or (ii) the unusual and rapid accumulation or runoff of surface waters from any source.

   H.   “Floodplain” means any land area susceptible to being inundated by water from any source, as may be identified by the Federal Emergency Management Agency (FEMA). (See Figure 1)

   I.   “Floor area” means, in the case of merchandising or service types of uses, the gross floor area used or intended to be used by tenants, or for service to public or customers, patrons, or clients, but shall not include areas used principally for non-public purposes, such as toilet or rest room, utilities, or dressing rooms.

   J.   “Floor area ratio” means the gross floor area of all buildings on a lot, divided by the lot area on which the building or buildings are located.

   K.   “Front” means, when referring to a building, that portion of the building fronting on the street from which the building's address is derived.

   L.   “Frontage” means that side of a lot abutting a street; the front lot line.

7.   Definitions For Terms Beginning With “G.”

   A.   “Garage, attached” means an attached structure designed or used for the storage of motor-driven vehicles owned and used by the occupants of the primary building.

   B.   “Garage, detached” means a detached accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the primary building. (See Section 165A.13)

   C.   “Garage, public” means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles. (See Section 165A.13)

   D.   “Garage, storage” or “mini-storage” means a building or portion thereof designed or used exclusively for term storage (by pre-arrangement) of motor-driven vehicles or other private items or materials, as distinguished from daily storage furnished transients, and at which motor fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired, or sold. (See Section 165A.13)

   E.   “Gas station” means any building, structure, or land used for the dispensing, sale, or offering for sale at retail, of any vehicular fuels, oils, or accessories and in connection with which is performed general vehicular servicing as distinguished from automotive repairs.

   F.   “Governing body” means the City Council. 0

   G.   “Grade” means the degree of rise or descent of a sloping surface. (See Figure 2)

   H.   “Grade, finished” means the final elevation of the ground surface after development. (See Figure 3)

   I.   “Grade, natural” means the elevation of the ground surface in its natural state before human-made alterations. (See Figure 3)

   J.   “Grain elevator” means a structure or group of related structures whose purpose is limited to the receiving, storing, drying, and transporting of bulk grain.

   K.   “Group care facility” means a facility that provides resident services to nine or more individuals, or an unlicensed (under Chapters 135C or 237 of the Code of Iowa) facility regardless of the number of individuals served. These individuals are aged, disabled, or are undergoing rehabilitation, and are provided services to meet their needs. This definition includes any licensed or supervised federal, State or County health or welfare agencies, such as group homes, halfway houses, resident schools, resident facilities, and foster or boarding homes.

8.   Definitions For Terms Beginning With “H.”

   A.   “Historic preservation” means the protection, rehabilitation, and restorations of districts, sites, buildings, structures, and artifacts significant in American history, architecture, archaeology, or culture.

   B.   “Historic structure” means any structure that is: (i) listed individually in the National Register of Historic Places, a listing maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (ii) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (iii) individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (iv) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

   C.   “Home industry” means an occupation or profession conducted entirely within an enclosed accessory building or dwelling unit which is clearly incidental and secondary to the residential occupancy and does not change the character thereof.

   D.   “Home occupation” means an occupation or profession conducted entirely within an enclosed dwelling unit which is clearly incidental and secondary to residential occupancy and does not change the character thereof.

   E.   “Hotel” means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or rooming house.

   F.   “Household” means a group of persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

9.   Definitions For Terms Beginning With “I.”

   A.   “Improvements” means changes to land necessary to prepare it for building sites including but not limited to grading, filling, street paving, curb paving, sidewalks, walk ways, water mains, sewers, storm sewers, sanitary sewers, drainage ways, and other public works and appurtenances.

   B.   “Ingress” means access or entry.

   C.   “Institution” means a nonprofit or quasi-public use or institution such as church, library, public or private school, hospital, or municipally owned or operated building, structure, or land used for public purposes.

10.   Definitions For Terms Beginning With “J.”

   A.   “Junk” or “salvage” means scrap copper, brass, rope, rags, batteries, paper trash, tires and rubber debris, waste, appliances, furniture, equipment, building demolition materials, structural steel materials, or similar materials. This definition shall also include junked, dismantled, or wrecked motor vehicles, or parts of motor vehicles, and iron, steel, or other scrap ferrous or nonferrous material.

   B.   “Junk yard” or “salvage yard” means any area where junk or salvage is bought, sold, exchanged, baled or packed, disassembled, kept, stored, or handled. This definition shall also include contractors’ storage yards, auto or other vehicle or machinery wrecking, or the processing of used, discarded, or salvaged materials as part of a manufacturing operation located on the same property. The presence on any lot, parcel, or tract of land of two or more unlicensed, wrecked, scrapped, ruined, dismantled, or inoperative vehicles, including implements of husbandry, shall constitute prima facie evidence of a junk or salvage yard. This shall not include motor vehicles licensed for the current year as provided by law, or motor vehicles legally placed in storage, if kept completely enclosed within a building.

   C.   “Junk vehicle” means an inoperable or unlicensed vehicle.

11.   Definitions For Terms Beginning With “K.”

   A.   “Kennel, dog (commercial)” means any parcel of land on which three or more dogs, six months old or older, are kept for the purposes of breeding, grooming, boarding or other activities associated with the care of dogs for commercial purposes.

12.   Definitions For Terms Beginning With “L.”

   A.   “Laundromat” means an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes.

   B.   “Loading space” means an off-street space or berth used for the loading or unloading of vehicles.

   C.   “Lot” means a plot or parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards and other open space as are herein required. Such lot shall have frontage on a public street or private street and may consist of: (i) a single lot of record; (ii) a portion of a lot of record; (iii) a combination of complete lots of record; of complete lots of record and portions of lots of record; or of portions of lots of record; and (iv) a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot, plot, or parcel be created which does not meet the requirements of this chapter.

   D.   “Lot area” means the total area within the lot lines of a lot, excluding any street rights-of-way.

   E.   “Lot, corner” means a lot abutting upon two or more streets at their intersections. (See Figure 4)

   F.   “Lot depth” means the mean horizontal distance between the front and rear lot lines.

   G.   “Lot, double frontage” means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot. (See Figure 4)

   H.   “Lot, flag” means a lot not fronting on or abutting a public road and where access to the public road is by a narrow private or public right-of-way.

   I.   “Lot frontage” means the length of the front line measured at the street right-of-way line.

   J.   “Lot, interior” means a lot other than a corner lot. (See Figure 4)

   K.   “Lot line” means a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

   L.   “Lot line, rear” means the lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

   M.   “Lot line, side” means any lot line other than a front or rear lot line.

   N.   “Lot, minimum area of’ means the smallest lot area established by the Zoning Ordinance on which a use or structure may be located in a particular district.

   O.   “Lot of record” means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder of the County in which it is located, or a lot, plot, or parcel described by metes and bounds, the description of which has been so previously recorded.

   P.   “Lot width” means a measurement of a lot at the building line at right angles to its depth or side lot lines.

   Q.   “Lumber yard” means a premises on which primarily new lumber and related building materials are sold.

13.   Definitions For Terms Beginning With “M.”

   A.   “Massage establishment” means any place of business wherein massage (as the practice of a profession, scientifically applied to the patient by massage therapist's hands) is administered or used.

   B.   “Manufactured home” or “modular home” means a single-family structure which is manufactured or constructed under the authority of 42 U.S.C. Section 5403 and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving it to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. For the purpose of these regulations, a manufactured home shall be subject to the same standards as a site-built dwelling, and if located outside of a factory built home park, shall be constructed with a permanent foundation system that is visually compatible with surrounding residential structures. The home shall also be converted to real estate and taxed as such, as required by Chapter 435 of the Code of Iowa.

   C.   “Manufacturing or industrial use” means establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or liquors.

   D.   “Mobile home” means a structure, transportable in one or more sections, which is at least eight feet in width and 32 feet in length, built on a permanent chassis and which is designed to be used as a dwelling unit. A mobile home may be used with or without a permanent foundation when connected to utilities and shall only be located in a mobile home park. The term mobile home does not include recreational vehicles.

   E.   “Mobile home park” or “land lease community” means a parcel of land, not less than five acres in area, divided into two or more mobile home lots for rent or sale.

   F.   “Motel” means a building or groups of buildings used primarily for the temporary residence of motorists or travelers with parking facilities conveniently located to each unit, and may include a swimming pool, restaurant, meeting rooms, and other related accessory facilities.

14.   Definitions For Terms Beginning With “N.”

   A.   “Nonconforming building” means a building which was lawful prior to the adoption, revision, or amendment of the Zoning Ordinance, but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district in which it is situated.

   B.   “Nonconforming use” means a use or activity which was lawful prior to the adoption, revision, or amendment of the Zoning Ordinance, but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district in which it is situated.

   C.   “Nursing home,” “rest home,” or “convalescent home” means a home for the aged, chronically ill, or incurable persons in which three or more persons not of the immediate family are received, kept, or provided with food, shelter, and care, for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment, or care of the sick or injured.

15.   Definitions For Terms Beginning With “O.”

   A.   “Overhang” means the part of a roof or wall which extends beyond the facade of a lower wall.

   B.   “Overlay district” means a district in which additional requirements act in conjunction with the underlying zoning districts. The original zoning district designation does not change.

   C.   “Owner” means the legal entity holding title to the property being subdivided, or such representative or agent as is fully empowered to act on his behalf.

16.   Definitions For Terms Beginning With “P.”

   A.   “Parcel” means a part of a tract of land.

   B.   “Parking lot” means a parcel of land devoted to unenclosed parking spaces.

   C.   “Parking space” means a surfaced area, enclosed in the principal building, an accessory building, or an unenclosed area of not less than 180 square feet (exclusive of driveways), permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

   D.   “Planning and Zoning Commission” means the Planning and Zoning Commission of the City. (See also Chapter 22 of this Code of Ordinances)

   E.   “Porch, unenclosed” means a roofed projection which has no more than 50 percent of each outside wall area enclosed by a building or siding material other than meshed screens.

   F.   “Principal building” or “principal use” means the primary use of land or structures as distinguished from an accessory use.

17.   Definitions For Terms Beginning With “Q.”

18.   Definitions For Terms Beginning With “R.”

   A.   “Recreational vehicle” means a vehicle which is: (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projection; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, and travel use and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.

   B.   “Residential use” means uses that are primarily adapted or constructed for human habitation as dwellings.

   C.   “Restaurant” means an establishment that prepares and retails food for consumption on the premises or for carry-out.

   D.   “Rights-of-way” means the land areas, which are secured or reserved by the contracting authority, that are to be used for road, rail, or other transportation purposes.

19.   Definitions For Terms Beginning With “S.”

   A.   “Screening” means either: (i) a strip of land at least 10 feet wide, densely planted with, or having equivalent natural growth of, shrubs or trees at least four feet high at the time of planting of a type that will form a year-round dense screen at least six feet high; or (ii) an opaque wall or barrier or uniformly painted fence at least six feet high. Either type of screening shall be maintained in good condition at all times and may have no signs affixed to or hung in relation, unless in accordance with this Code of Ordinances.

   B.   “Sidewalk” means a paved or surfaced area paralleling, and usually separated from, the street, used as a pedestrian walkway.

   C.   “Sign” means an identification, description, illustration, or device that is affixed to, or represented on, a building, structure, or parcel of land and that directs attention to a product, place, activity, person, profession, service, institution, or business.

   D.   “Site plan” means a plan (drawn to scale) showing uses and structures proposed for a parcel of land as required by the regulations involved.

   E.   “Special exception” means a listed use that may not be in exact compatibility with other principal permitted uses of a zoning district, but which may be allowed according to the provisions and requirements of this Code of Ordinances by the Board of Adjustment.

   F.   “Stable, private” means a building, incidental to an existing residential, principal use that shelters equine for the exclusive use of the occupants of the premises.

   G.   “Stable, public” means an accessory building in which equine are kept for commercial use including boarding, hire, and sale.

   H.   “Story” means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

   I.   “Story, first” means the lowest story in a building, excluding the basement, which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade for more than 50 percent of the total perimeter, or not more than eight feet below grade at any point.

   J.   “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and exterior wall face not more than four feet above the top floor level.

   K.   “Street” or “road” means any throughway having a public right-of-way which is designed to channel or circulate vehicular and pedestrian traffic. The term street may refer to any right-of-way bounded by adjacent property lines or to the paving installed within such right-of-way.

   L.   “Street, arterial” means a major street in the City's street system that serves as an avenue for the circulation of traffic into, out of, or around the City and carries high volumes of traffic.

   M.   “Street, collector” means a street whose principal function is to carry traffic between minor, local, and sub-collector streets and arterial streets but that may also provide direct access to abutting properties. It serves, or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.

   N.   “Street, county” means any road or street owned, operated, and maintained by Black Hawk County or Buchanan County.

   O.   “Street, local” means a street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least 10 but not more than 25 dwelling units and is expected to or does handle between 75 and 200 trips per day.

   P.   “Street, private” means any privately-owned road, street, or driveway.

   Q.   “Street width” means the horizontal distance, paved or unpaved, that is located within rights-of-way.

   R.   “Structure” means anything constructed or built with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings (principal and accessory) and signs.

   S.   “Structural alteration” means any change in the supporting members of a building such as bearing walls, columns, beams, or girders.

   T.   “Structural member” means a component part of a structural system required to carry the primary supportive stresses of the building to the ground, as opposed to members carrying little or no supportive stress other than their own weight and functioning as an in-fill or nonstructural enclosure.

   U.   “Subdivision” means any land, vacant or improved, which is divided or proposed to be divided into three or more lots, parcels, sites, units, plots, or interests for the purpose of sale, including a sale on contract or the making of a gift, or lease, or development, including resubdivision. Subdivision includes the division or development of residential or non-residential zoned land, whether by deed, sale on contract, devise, intestate succession, lease, map, plat, or other recorded instrument. The subdivision process is governed by a separate ordinance, codified in Chapter 170 of this Code of Ordinances.

   V.   “Surveyor” means a licensed land surveyor who engages in the practice of land surveying pursuant to the Code of Iowa.

   W.   “Swimming pool” means a tank of water either above or below grade level that is designed and constructed for human occupancy.

20.   Definitions For Terms Beginning With “T.”

   A.   “Towers” means any radio, television, telephone, short-wave, cellular telephone, or microwave antenna or tower. Amateur radio towers are exempt from the provisions contained herein.

   B.   “Trailer camp” or “tourist camp” means an area providing spaces for two or more recreational vehicles, or tent sites for temporary occupancy, with necessary incidental services, sanitation, and recreation facilities to serve the traveling public.

21.   Definitions For Terms Beginning With “U.”

   A.   “Utilities” means systems for the distribution or collection of water, gas, electricity, wastewater, stormwater, telephone, and cable television. See the definition of “essential services.”

22.   Definitions For Terms Beginning With “V.”

   A.   “Variance” means a grant of relief considered by the Board of Adjustment to an applicant from the terms of this Code of Ordinances which permits construction in a manner otherwise prohibited by this Code of Ordinances where specific enforcement would result in unnecessary hardship.

   B.   “Violation” means an intentional or deliberate failure of a structure or other development to be fully compliant with the provisions of this Code of Ordinances.

23.   Definitions For Terms Beginning With “W.”

   A.   “Wetlands” means that classification of land subject to protection measures as indicated by the U.S. Army Corps of Engineers or the Iowa Department of Natural Resources.

24.   Definitions For Terms Beginning With “X.”

25.   Definitions For Terms Beginning With “Y.”

   A.   “Yard” means an open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from 30 inches above the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of the rear yard, the minimum horizontal distance between the lot lines and the main building shall be used. (See Figure 5)

   B.   “Yard, front” means a yard extending across the full width of the lot and measured between the front lot line and the building. This area is to be considered clear area and is not to be used for storage or obstruction. A front yard shall be measured from the wall of the structure. (See Figure 5)  

   C.   “Yard, rear” means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. On all lots the rear yard shall be in the rear of the front yard. A rear yard shall be measured from the wall of the structure. (See Figure 5)

   D.   “Yard, side” means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereto. A side yard shall be measured from the wall of the structure. (See Figure 5)

26.   Definitions For Terms Beginning With “Z.”

   A.   “Zoning Administrator” means the administrative officer designated or appointed by the City Council to administer and enforce the regulations contained in the Zoning Code.

For the purposes of this Code of Ordinances, the City is hereby organized into the following zoning districts:

1.   Agricultural District.

   A.   A-1 (Suburban Agricultural District)

2.   Residential Districts.

   A.   R-1 (Single Family Residential District)

   B.   R-2 (Low Density Residential District)

   C.   R-3 (Moderate to High Density Residential District)

   D.   R-MH (Planned Mobile Home District)

3.   Commercial Districts.

   A.   C-l (Commercial District)

   B.   C-2 (Commercial District)

4.   Manufacturing Districts

   A.   M-l (Light Industrial or Manufacturing District)

   B.   M-2 (Heavy Industrial or Manufacturing District)

The location and boundaries of the zoning districts established by the Zoning Code are set forth on the map entitled “Official Zoning Map,” which is located in City Hall and hereby made a part of this Code of Ordinances. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this Code of Ordinances as though fully set forth and described herein.

Where uncertainty exists with respect to the precise location of any of the aforesaid districts shown on the Official Zoning Map, the following rules shall apply:

1.   Boundaries shown as following or approximately following streets, highways, or alleys shall be construed to follow the centerlines of such streets, highways, or alleys;

2.   Boundaries shown as following or approximately following platted lot lines or other property lines shall be construed to follow said boundary lines;

3.   Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines;

4.   Boundaries shown as following or approximately following the courses of streams, rivers, or other continuously flowing waters shall be construed as following either the channel centerline, or the mean high water mark, of such water courses;

5.   Boundaries shown as following or closely following the City limits shall be construed as following such City limit lines;

6.   Boundaries indicated as parallel to, or extensions of, features indicated in Subsections 1 through 6 of this section shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;

7.   Where existing physical or cultural features conflict with those shown on the Official Zoning Map, the Board of Adjustment shall interpret the district boundaries;

8.   Whenever any street, alley, or other public easement is vacated, the district classification of the property to which the vacated portions of land accrue shall become the classifications of the vacated land.

All territory that may hereafter be annexed to the City shall be classified as designated on the Application for Annexation form or if unclassified shall be automatically classified as being in an R-1 District until such classification shall be changed by amendment of the Code of Ordinances as provided hereafter.

Except as hereinafter provided, no building, structure, or land shall be erected, constructed, reconstructed, occupied, moved, altered, or repaired, except in conformity with the regulations specified herein for the class of district in which it is located.

1.   Minimum Street Frontage. No lot shall be created after the adoption of the ordinance codified in this Zoning Code unless it abuts at least 30 feet on a public street right-of-way, or is accessible to a public street by an easement.

2.   Lot of Record. In any Residential District on a lot of record at the time of enactment of the ordinance codified in the Zoning Code, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this Code of Ordinances are met. (See Chapter 165D) Further, where two or more contiguous recorded lots are held in common ownership, they may be combined into zoning lots and shall thereafter be maintained in common ownership by deed restriction and shall be so joined and developed for implementing this section. The razing of a building on a substandard lot shall constitute the formation of a vacant lot.

3.   Lots Unserved By Sewer and Water. In any Residential District where neither public water supply nor public sanitary sewer are reasonably available, one single-family dwelling may be constructed on a lot provided the otherwise specified lot area and width requirements are met. In no case, shall the lot area be less than three county acres.

1.   Residential and Commercial Districts.

   A.   General Provisions. No accessory building or structure shall be erected in any front yard. Accessory buildings or structures shall be no closer than five feet from any principal buildings. The maximum per lot area of all detached garages, carports, and accessory buildings shall be a maximum of 1,296 square feet. Nothing in this section shall preclude a garage of 440 square feet from being constructed on a lot of record, as herein defined.

   B.   Time of Construction. No garage, accessory building, or structure shall be constructed on any lot prior to the completion of the foundation of the principal building to which it is accessory. In situations where an accessory building is to be built on a vacant lot that is contiguous to the lot of the principal building, and where both lots are held in common ownership, a deed restriction on both lots may be used to satisfy this requirement.

   C.   Percentage of Rear Yard Occupied Within a Residential District. No combination of detached accessory buildings shall occupy more than 30 percent of the area of a rear yard.

   D.   Height of Accessory Buildings Within an Residential District. No detached accessory building or structure shall exceed 24 feet in height (measured from the door sill to its highest point), and the side walls shall not exceed 12 feet in height.

2.   Agricultural Districts.

   A.   General Provisions. No accessory building or structure shall be erected in any front yard. Accessory buildings or structures shall be no closer than five feet from any principal buildings. The maximum area of any detached garage, carport, or accessory building shall be a maximum of 2,000 square feet. Accessory buildings or structures greater than 1,296 square feet shall be no closer than 20 feet from any residential district.

   B.   Percentage of Rear Yard Occupied Within an Agricultural District. No combination of detached accessory buildings shall occupy more than 10 percent of the area of the rear and side yards, excluding any land used for agricultural purposes including cultivated fields, pastures, and unimproved land.

In any district, only one principal structure (except in the case of condominiums), housing a principal permitted use, may be erected on a single lot provided the area, yard, and other requirements are met.

No lot, yard, court, parking area, or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by the Zoning Code, and if already less than the minimum required it shall not be further reduced. No required open space provided around any building or structure shall be included as part of any open space required for another building or structure.

The conversion of any principal building or structure into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under the Zoning Code, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion also shall be subject to such further requirements as may be specified hereinafter within the chapter and sections applying to such district.

No part of any yard, other open space, off-street parking, or loading space required by this Zoning Code shall be included as part of yard, open space, off-street parking, or loading space similarly required for any other building.

On any corner lot in a residential or agricultural district, no fence, wall, hedge, or other planting shall be allowed to obstruct vision between a height of two and one-half feet and 10 feet above the centerline grades of the intersecting streets. Nor shall the above be erected, placed, or maintained within the triangular area formed by the right-of-way lines at such corner and a straight line joining the right-of-way lines at points which are 25 feet distant from the intersection of the right-of-way lines, and measured along the right-of-way line.

Essential services shall be permitted as authorized and regulated by law and other ordinances of the community. With the exception of buildings and telecommunication towers, it is the intent to exempt such essential services from the application of the Zoning Code. Associated buildings and telecommunication towers must be located in the appropriate zoning district, and must abide by the corresponding requirements thereof. (See Section 165A.27)

Nothing contained herein shall require any change in the overall layout, plans, construction, size, or designated uses of any development, structure, or part thereof, for which the official approvals and required permits have been granted prior to enactment of the ordinances codified in the Zoning Code. The construction of which, conforming with such plans, shall have been started prior to the effective date of the ordinances codified in the Zoning Code, and the completion thereof carried on in a normal manner within the subsequent one-year period, and not discontinued until completion, except for reasons beyond the property owner’s or builder's control.

The height limitations contained in Sections 165C.01 through 165C.04 of the Zoning Code do not apply to spires, steeples, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housing, or other structures placed above roof level that are specifically not intended for human occupancy. Section 165D.06 shall govern the height restrictions for these structures.

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

1.   Fences in a Residential District. Residential fences or landscape features such as sculpture or walls may be erected or constructed. No portion of the fence shall extend onto adjacent property or right-of-way, however it may be built on a property line provided the location of which is known. No such fence in any front, side, or rear yard having street frontage shall exceed four feet in height and eight feet in height in the case of side and rear yards not having street frontage. Fences in any front or side yard of a corner lot shall not exceed four feet in height.

2.   Fences in Other Districts. Nonresidential fences located in a district other than a residential district shall not be less than four feet nor exceed eight feet in height. No portion of the fence shall extend onto adjacent property or right-of-way, however it may be built on a property line provided the location of which is known. Fences in any front or side yard of a corner lot shall not exceed four feet in height. For commercial and manufacturing districts, fences shall be opaque and shall not include barbed or razor wire, unless in the case of a security fence (then the top portion of the fence may be barbed wire).

Any proposed use not covered in this Code of Ordinances as a principal permitted use or special exception shall be referred to the Planning and Zoning Commission for a recommendation as to the proper district in which said use should be permitted. The Zoning Code shall be amended as provided in Section 165B.10, before a request is made or permit is issued for the proposed use.

Every building hereinafter erected or structurally altered shall be accessible from a public right-of-way.

The regulations within each district of this Code of Ordinances shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

For the purposes of the distribution of essential services, these uses are permitted in all zoning districts. However, the design and placement of essential services equipment and devices may be reviewed by the Planning and Zoning Commission at the request of the City Council and then approved by the Council. All other uses are permitted only as listed under each specific zoning district.

In determining whether a Temporary Use Permit shall be granted for any zoning district, the City Council shall give consideration to: the health, safety, morals, and comfort of area residents; any adverse impact on land uses; possibility of traffic congestion; harm to public roads; erosion of adjacent property; and threat to any source of water supply. Conditions and restrictions as determined necessary to protect the public health, safety, morals, and comfort may be attached to the permit. The following uses may be permitted by a Temporary Use Permit, valid for 10 days or less, after review and approval of a completed application by the City Council.

1.   Carnival

2.   Circus

3.   Festival

All buildings constructed after enactment of the ordinances codified in the Zoning Code shall conform to the building regulations established herein for the district in which each building shall be located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or to further conflict with the bulk regulations for the district in which such buildings shall be located, unless allowed to do so under Sections 165B.06, 165B.07, 165D.04, 165D.05, 165D.06 of the Zoning Code. Bulk requirements are listed in Table 1 on the following page.