1.   The following standards and criteria shall apply to home occupations.

   A.   The home occupation shall be clearly incidental and secondary to the residential occupancy of a dwelling unit located upon the property.

   B.   The home occupation shall be conducted entirely within an existing dwelling unit, or, conducted entirely and confined within accessory detached buildings located upon the property.

   C.   The home occupation shall be conducted by members of the family residing within the dwelling unit located on the property and no more than one non-resident employee.

   D.   There shall be no evidence of such occupation being conducted within the dwelling unit or accessory buildings, which is perceivable at or beyond the lot lines, by virtue of: outside storage, displays, noise, odors, smoke, vibration, heat, dust, electrical disturbances, or excessive traffic generation.

   E.   Water, sewer, and waste disposal systems shall be subject to approval of the City Council.

   F.   Customer parking shall be provided and be as inconspicuous as possible on the premises.

   G.   The home occupation shall occupy less than 50 percent of the floor area of the dwelling unit in which it is located.

   H.   Accessory buildings being used for home occupations shall meet the accessory building requirements outlined in Section 165A.13.

2.   Sign Regulations. Only one identification sign may be displayed upon the lot, subject to the following requirements.

   A.   Contains only the name of the occupant and the nature of the occupation.

   B.   Shall not contain more than four square feet and shall be attached to the principal building.

   C.   Shall not be illuminated.

   D.   If located along a State or federal highway, an Iowa Department of Transportation permit must be obtained.

3.   Permit Process. An initial application for a home occupation or home industry permit shall be completed by the property owner and presented to the City staff for review and consideration. The staff shall also charge an initial non-refundable fee, per Section 165B.15 of the Zoning Code, that is to be collected with the completed application. When reviewing the application, the City staff shall consider the provisions of the Zoning Code as well as the effect of the proposed home occupation or home industry upon the character of the neighborhood, traffic conditions, public utility infrastructure, and other matters pertaining to the general welfare of the City.

   A.   If approved or issued by the City staff, a home occupation or home industry permit will be valid until the home occupation or home industry ceases, or the property changes ownership. Because operating a home occupation or home industry is a privilege, a previously approved application may be revoked by the City Council upon substantiated complaint of the surrounding neighborhood, or upon violation of this Code of Ordinances.

   B.   If denied by the City staff or revoked by the City Council, a property owner must wait for a period of one year before reapplying for a home occupation or home industry permit.

1.   Off-Street Loading Spaces. In all districts in connection with every building or part thereof hereafter erected which is to be occupied by uses requiring receipt or distribution by vehicles of materials or merchandise there shall be provided and maintained on the same premises with such building the following off-street loading spaces:

 

 

2.   Provisions of Off-Street Parking. In all districts, off-street accessory parking areas in the open, or in a garage, shall be provided in connection with the uses set forth hereinafter, and to the extent indicated therewith, in addition to the above required loading and unloading spaces. With the exception of the C-1 District, parking areas in commercial and manufacturing districts shall be on the premises intended to be served, as per Table 2 on the following page.

3.   Number of Parking Spaces Required. Table 2 indicates the required number of spaces by use. With the exception of the C-1 District, employee parking in commercial and manufacturing districts shall be provided at the rate of one space per employee plus the customer spaces, as listed in Table 2 below.

 

4.   Definition and Interpretation.

   A.   Parking Space. Each parking space rectangular in shape shall be not less than nine feet wide and 20 feet long or not less than 180 square feet in area exclusive of access drives or aisles.

   B.   Loading Space. Each loading space shall not be less than 10 feet wide, 65 feet in length and 14 feet in height, exclusive of access and turning areas.

   C.   Floor Area. In the case of merchandising or service types of uses, floor area shall mean 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 rooms, utilities, or dressing rooms.

5.   Development Standards. Off-street accessory parking areas shall be of usable shape, and shall be improved with a durable and dustless surface and so graded and drained as to dispose of all surface water accumulation within the area.

   A.   Where a parking lot does not abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight feet in width in the case of a one- or two-family dwelling. The drive shall not be less than 16 feet in width, at the widest point, in all other cases leading to the loading or unloading spaces and parking or storage areas required herein.

   B.   No part of any parking space shall be closer than five feet to any established street right-of-way or alley line. In case the parking lot adjoins a residential district, it shall be set back at least five feet from the residential district boundary and shall be effectively screened.

   C.   Any off-street parking or drive area, including any commercial parking lot, for more than five vehicles shall be surfaced with an asphaltic or Portland cement concrete pavement or such other surfaces so as to provide a durable and dustless surface. The parking area shall be so graded and drained to dispose of surface water accumulation within the area, and shall be so arranged and marked as to provide for orderly and safe loading, unloading, parking, and storage of self-propelled vehicles.

   D.   Any lighting used to illuminate such parking areas shall be arranged as to reflect light away from adjoining premises in any residential district.

6.   Exceptions. The Board of Adjustment may authorize on appeal a modification, reduction, or waiver of the foregoing parking requirements, if it should find that in the particular case the peculiar nature of the use, or other exceptional situation or condition would justify such modification, reduction, time extension, or waiver.

Mobile homes shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district except in accordance with the following provisions:

1.   Mobile Home. A mobile home shall be parked or stored only in a mobile home park or mobile home sales area. A mobile home shall not be occupied, whether temporarily or permanently, unless it is parked or stored in a mobile home park, as authorized under this Code of Ordinances.

2.   Recreational Vehicle. A recreational vehicle shall only be used as living quarters for a maximum of two weeks. Using a recreational vehicle for living quarters beyond two weeks shall require Planning and Zoning Commission and City Council approval.

1.   A lawful or authorized nonconforming building or structure existing at the time of adoption of the Zoning Code may be continued, maintained, and repaired, except as otherwise provided in this section even though said building or structure may not conform with the regulations of the Zoning Code for the district in which it is located.

2.   A nonconforming building or structure in existence at the adoption hereof that was not a lawful or authorized building or structure under previous zoning ordinances shall not be authorized to continue as a nonconforming building or structure pursuant to the Zoning Code or amendments thereto.

3.   Nothing in the Zoning Code shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe.

4.   Alteration or Enlargement of Building and Structures. A nonconforming building or structure may be extended vertically and/or horizontally by adding to the existing building, subject to the following:

   A.   Any building extension shall not further reduce any non conforming set back requirements.

   B.   Any building extension may be consistent with any non conforming set back line.

   C.   Any building extension shall not create any additional nonconformities on the site.

   D.   The maximum building height shall not be exceeded for any applicable zoning district.

   E.   The property shall conform with all off street parking and loading space regulations specified in this Zoning Code for the zoning district in which the building or structure is located.

5.   Building Vacancy. A building or structure, or portion thereof, that is nonconforming which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

6.   Destruction of Nonconforming Residential Building or Structure. If any nonconforming residential building or structure, accessory or principal, in any zoning district, is destroyed by any means including an Act of God, it shall be allowed to be reconstructed to the size, dimension, and on the location it was prior to said destruction.

7.   Destruction of Non-Residential Nonconforming Buildings or Structures, If any nonconforming building or structure used for business, commercial, or manufacturing uses, in any zoning district, is destroyed by an Act of God, it shall be allowed to be reconstructed to the size, dimension, and on the location it was prior to said destruction. Destruction of a nonconforming building or structure caused by a means other than an Act of God, that exceeds 50 percent of the market value prior to destruction, shall not be allowed to be reconstructed in a nonconforming manner and shall comply with the Zoning Code.

1.   A lawful or authorized nonconforming land use existing at the time of adoption of the Zoning Code may be continued, maintained, and repaired, except as otherwise provided in this section.

2.   Any nonconforming land use in existence at the adoption hereof that was not a lawful or authorized use under previous zoning ordinances shall not be authorized to continue as a nonconforming use pursuant to the Zoning Code or amendments thereto.

3.   Extension or Expansion of Use. A nonconforming land use may not be extended or expanded, nor shall it occupy more lot area or be considered a more intense use than was in existence on the effective date of the Zoning Code.

4.   Discontinuance of Use. If said nonconforming use or any portion thereof is discontinued for a period of one year, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which it is located.

5.   Change of Uses. A nonconforming use of a conforming building or structure may be expanded or extended into any other portion of the structure provided the structure was manifestly arranged or designed for such use at the time of adoption or amendment of the Zoning Code, but no such use shall be extended to occupy any land outside such building. If the nonconforming use, or a portion thereof, is changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located. A vacant or partially vacant conforming building or structure may be occupied by a nonconforming use for which the building or structure was designed or intended if occupied within a period of one year after the effective date of the Zoning Code, but otherwise it shall be used in conformity with the regulations of the district in which it is located.

6.   The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification. However, where the use of nonconforming building or structure is changed to a use of a more restricted district classification, it shall not be changed thereafter to a use of a less restricted district classification unless appropriately rezoned. This is provided that the building or structure that is nonconforming at the time of adoption of the Zoning Code is not in violation. For the purpose of this subsection only, the R-l District shall be considered the most restrictive district and the M-2 District the least restrictive district.

The requirements and regulations specified elsewhere in the Zoning Code shall be subject to additional requirements, exceptions, modifications, and interpretations contained in this section.

1.   Use of Existing Lots of Record. In any district where dwellings are permitted, a single-family dwelling may be located on any lot official record as of the effective date of the Zoning Code, irrespective of its area or width; and in addition, any two-family dwelling may be located on any lot or plot in any R-2 or R-3 District that has a lot width of not less than 60 feet and is of official record as of the effective date of the Zoning Code; provided however:

   A.   The sum of the side yard widths of any such lot or plot shall not be less than 10 feet, but in no case less than five feet, for any one side yard.

   B.   The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case less than 10 feet.

   C.   In the case of a lot of record where the above requirements are greater than those of the district in which it is located, the lesser requirement shall apply.

   D.   In the case of building setback lines established on lots of record, as of the effective date of the Zoning Code, such setback lines may apply in lieu of those required by the Zoning Code unless existing adjacent building setbacks are greater than specified on the plat of record, in which case the provisions of Sections 165A.12 through 165A.29 of the Zoning Code shall apply.

2.   Height and Size Limits. Height limitations stipulated elsewhere in the Zoning Code shall not apply in the following situations:

   A.   Barns, silos, or other farm buildings or structures on farms provided these are not less than 50 feet from every lot line;

   B.   Church spires or steeples, belfries, cupolas and domes, monuments, water towers, fire and hose towers, masts and aerials;

   C.   Parapet walls extending not more than four feet above the limiting height of the building. However, if in the opinion of the Zoning Administrator, such structure would adversely affect adjoining or adjacent properties, such greater height shall not be authorized unless it is approved by the Board of Adjustment.

   D.   Bulkheads, conveyors, derricks, elevator penthouses, water towers or tanks, monitors and scenery lofts to monuments, grain elevators, gas holders or other structures. Where the manufacturing process requires a greater height than specified, such may be authorized by the Board of Adjustment.

   E.   Telecommunication towers, the base of which shall be at least the height of the tower from all adjoining property lines, including public right-of-way. Amateur radio towers are exempt from the provisions contained herein.

3.   Front Yard Exceptions and Modifications.

   A.   Front yard requirements do not apply to bay windows or balconies that do not project more than three feet into the front yard.

   B.   With the exception of the A-1 District and the M-1 and M-2 Districts, averaging front yard setbacks is allowed. Where the average depth of two or more existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed, front yards may be varied. The depth of the front yard on such lot shall not be less than the average depth of said existing front yards or the average depth of the two lots immediately adjoining or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of the front yard on a lot in any residential district shall be at least 10 feet and need not exceed 60 feet.

   C.   For the purpose of determining lot width or front yard requirements, that portion of a flag lot used for ingress and egress shall not be included as a part of the required front yard.

   D.   An existing open porch may be remodeled or rebuilt to an enclosed non-habitable vestibule entrance-way (which may include closet space) when projecting not more than one-fourth the distance of the front yard setback and extending in width not more than one-fourth of the width of the residence.

4.   Side Yard Exceptions and Modifications.

   A.   Along any district boundary line, any abutting side yard on a lot in the less restricted district shall have a least width equal to that required in the more restricted district.

   B.   Where a lot in a manufacturing district abuts a lot in a residential district, the side yard shall be increased by three feet for each foot that the building proposed on such lot exceeds the height limit of the said residential district.

   C.   On a corner lot the least width of a side yard along the side street lot line shall be equal to the required front yard along the side street. No part of any accessory building shall be nearer a side street lot line than the least depth on any front yard required along such side street.

   D.   The following projections or structures may be permitted in side yards:

      (1)   Accessory buildings or structures subject to the provisions contained elsewhere in the Zoning Code.

      (2)   Fences or walls not over eight feet above the average natural grade except as noted in Section 165A.23.

      (3)   Fire escapes, three feet from side lot line. Bays and balconies not more than three feet from the building, provided these projections are entirely within planes drawn from either main corner of the side wall.

      (4)   Chimneys, flues, sills, overhangs, pilasters and lintels, ornamental features, cornices, gutters and the like into or over a required side yard not more than two feet.

      (5)   Terraces, steps, uncovered porches, patios (not including decks), stoops, or similar features, not higher than the elevation of the ground story of the building and distant three feet from the side lot line.

5.   Rear Yard Exceptions and Modifications. The following projections or structures may be permitted in rear yards:

   A.   In any commercial or residential district, a building which is non-conforming as to rear yard setbacks may be expanded or enlarged, provided the enlargement or expansion does not encroach closer to the rear property line than the already existing building, All other bulk requirements stated in the Zoning Code must be met.

   B.   Accessory buildings or structures subject to the provisions contained elsewhere in the Zoning Code.

   C.   Fences or walls, not over eight feet in height.

   D.   Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, and the like, into or over a required rear yard not more than two feet.

   E.   Terraces, steps, decks, uncovered porches, or similar features not more than 10 feet into a required rear yard, nor closer than four feet of an alley or within 10 feet of a rear lot line.

   F.   Swimming pools.