A.   All buildings shall be placed on a lot so they will not obstruct future streets that may be constructed by the City in conformity with existing streets and according to the Comprehensive Plan and to the system and standards employed by the City. Furthermore, all buildings shall be placed on a lot so they will not obstruct future utility routes or the potential resubdivision of the property.

   B.   When a development is proposed that is to be located on two (2) or more contiguous lots that are required to meet the minimum district area and frontage requirement and/or are required to accommodate the use, the lots shall be combined in accordance with the City's subdivision ordinance, prior to the issuing of a building permit.

   C.   When two (2) or more contiguous lots are located in the same residential district, one (1) or more of which lacks adequate area or dimensions to qualify for residential use under the current requirements of this title and are held in one (1) ownership, they shall be combined in accordance with the City's subdivision ordinance, prior to the issuing of a building permit. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. Ord. 12-07, 9-4-2012; 2017 Code; Ord. 20-10, 11-3-2020; Ord. 22-3, 3-1-2022)

Outdoor swimming pools shall be prohibited in the Z5 and Z6 Districts. All swimming pools shall be located in the rear yard and subject to title 10 of this Code. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

Fences shall be permitted in all yards subject to the following:

   A.   Location: All fences shall be located entirely within the private property of the person, firm or corporation constructing or causing the construction of the fence.

   B.   Construction And Maintenance:

      1.   Every fence shall be constructed in a professional and substantial manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence is located and shall not cause blight or a negative impact.

      2.   The materials and design shall also be compatible with other structures in the area in which the fence is located and shall not cause blight or a negative impact. Recycled or construction materials, such as pallets, doors, windows, corrugated metal or other metal typically used for walls or roofs, or other materials not specifically designed for fencing are not permitted. Use of fabric, plastic or other non-rigid material as fencing or attached to fences is not permitted, except in conjunction with a construction project as a temporary measure to prevent erosion.

      3.   All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced.

      4.   The decorative side of any fence shall be faced outward from the property being fenced.

   C.   Access: All fences shall be provided with a gate which affords reasonable and convenient access for public safety.

   D.   Barbed Wire And Electric Fences: Except as specified in this section, barbed wire fences and electric fences shall only be allowed when related to farming activities located within the Z1 District.

   E.   Drainage: Fences shall not obstruct natural drainage.

   F.   Grade Modifications: Any modifications to the grade or drainage of a property in conjunction with the construction of a fence shall be subject to section 12-16-7 of this chapter.

   G.   Z2, Z3, Z7-5 and Z7-6 District Fence Standards: All residential district fences shall be placed within the property being fenced.

      1.   Except in the case of a secondary front yard on a corner lot that abuts a street, fences along side property lines shall not be more than six feet (6') in height for the distance commencing from a point on the side property line located along the rear lot line and proceeding along the side property line to a point that would be intersected by the front wall line of the existing principal structure on the lot.

      2.   Fences along or paralleling any rear property line shall not exceed six feet (6') in height.

      3.   The required screening provisions for residential districts shall supersede, where applicable, the provisions of this section.

      4.   Fences extending across required principal or secondary front yards shall be no greater than four feet (4') in height.

      5.   In the Z7-6 Golf Course Development District, the above requirements shall apply to fences serving residential forms and functions.

   H.   Z4, Z6, and Z7-6 Fence Standards: All commercial and industrial fences shall be placed within the property being fenced.

      1.   Business and industrial fences may be erected up to eight feet (8') in height. Fences in excess of eight feet (8') shall require a variance.

      2.   Fences within the Z6 District that are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet (7') above the ground.

      3.   Fences or walls that enclose self-storage or outdoor storage areas shall meet the fencing and screening requirements of subsection 12-16-5K of this chapter.

      4.   In the Z7-6 Golf Course Development District, the above requirements shall apply to fences serving mixed-use and non-residential forms and functions.

   I.   Z5 Fence Standards: Fences within the Z5 District shall generally be prohibited; however, fences required for security measures or special purposes, or to meet landscaping and screening requirements, may be allowed subject to Development Review Committee site plan compliance review considering purpose, context, location, materials and overall relationship to surrounding properties. Approved fences shall not exceed six feet (6') in height. (Ord. 11-4, 2-15-2011; amd. 2017 Code)

   J.   Z7 Fence Standards: Except for the Z7-5 and Z7-6 districts as outlined above, fence standards for the Z7 District shall be established at the time of site plan compliance review. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code; Ord. 24-6, 4-2-2024)

   A.   Fencing And Screening: Any property containing a non-residential form or function, except agriculture and farming, that abuts property zoned Z2, Z3, Z7-5, or residential forms and functions in the Z7-6 District shall provide screening along that boundary. Screening shall also be provided where a non-residential form or function is across the street from a Z2, Z3, or Z7-5 District. All fencing and screening specifically required by this title shall consist of either a fence or a green belt planting strip as provided for below:

      1.   A greenbelt planting strip shall consist of coniferous trees and/or deciduous trees and plants and shall be of sufficient width and density to

   provide an effective visual screen. This planting strip shall be designed to provide visual screening to a minimum height of six feet (6'). Earth mounding or berms may be used to achieve up to three feet (3') of the required screen.

      2.   A required screening fence shall be constructed of masonry, brick, wood, metal or rigid polymer such as vinyl. The fence shall provide a solid screening effect at least six feet (6') in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the Administrative Officer.

      3.   Self-storage and outdoor storage areas in the Z4, Z6, and Z7 Districts shall meet the fencing and screening requirements of subsection 12-16-5K of this chapter. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code; Ord. 24-6, 4-2-2024)

Landscaping and screening shall be located in accordance with the following rules:

   A.   Landscaping Required:

      1.   The front, side and rear yards of each site not utilized for parking (where permitted) shall be landscaped utilizing an effective combination of trees, grass, ground cover and shrubbery. Undeveloped areas in the interior of the site shall be seeded with appropriate grasses or other suitable ground cover and maintained neat and orderly. All tree trimmings, stumps, and construction debris shall be promptly removed and not be accumulated or stored on site.

      2.   Landscaping near street, alley and driveway intersections shall conform to the traffic visibility requirements of section 12-16-6 of this chapter.

   B.   Site Restoration And Planting: All site areas including public rights-of-way and private lots shall be finish graded to control the quantity and quality of stormwater runoff and be restored with appropriate ground cover, herbaceous and woody vegetation as specified in subsection N, table 1 of this section.

   C.   Planting Plan: The planting plan shall be prepared by a landscaping professional, as follows:

      1.   For all developments other than one- or two-family residential, with an aggregate development site area of two (2) acres or more, or any such development where the aggregate gross floor area of the principal buildings exceed seven thousand (7,000) square feet, the planting plan shall be completed by a landscape architect licensed in the State of Iowa.

      2.   For all other developments other than one- and two-family residential, the planting plan shall be completed by an experienced and qualified landscape professional.

   D.   Tree Preservation Plan: With respect to existing trees in new developments, all trees on the site are to be saved unless they must be removed for street, buildings, utilities, drainage or public recreational purposes.

      1.   Existing trees and landscaping may be used to meet the requirements of this section.

      2.   Trees over six inches (6") in diameter that are to remain shall be marked with a red band and be protected with snow fences or other suitable enclosure prior to excavation. The planting plan and grading plan shall include a detail and instructions for preservation of the existing trees. The City may further require that the property owner and/or developer retain a professional forester to prepare a Forest Inventory and Management Plan for the development in order to control and abate any existing or potential shade tree disease and to save trees from construction loss.

      3.   Any tree over twelve inches (12") in diameter shown to be preserved that is damaged or destroyed during or as a result of construction shall be mitigated by new trees, of a similar or better species, with an aggregate diameter of at least forty percent (40%) of the diameter of the destroyed or damaged tree, subject to the following:

         a.   No new tree required for mitigation need exceed two and one-half inches (2.5") in diameter.

         b.   No more than three (3) new trees per destroyed/damaged tree shall be required, regardless of the size of the damaged or destroyed tree. The Administrative Officer or the Development Review Committee may allow substitution of plants other than trees for one (1) or more of the trees required for mitigation, where it can be shown that the landscape cannot accommodate the required trees due to the density of the landscaping, soil conditions or other condition that would make long term survival of new trees unlikely.

   E.   Performance Guarantee Required: No building permit except for one- and two-unit residential buildings shall be issued until the applicant for the building permit shall file with the City a performance bond, with a corporation approved by the City as surety thereon, or other guarantee acceptable by the City, in an amount approved by the City, but for no less than one and one-half (1.5) times the cost of completing the planting plan. The applicant shall provide an estimate for the cost of completing the plan from a landscape architect or other qualified landscape professional, qualified nursery, greenhouse or other landscape provider/installer. The performance bond must cover two (2) complete growing seasons subsequent to the completion, and release of the bond must be conditioned upon complete and satisfactory implementation of the approved planting plan. Should the applicant fail to fully comply with the approved landscape plan during the period the performance guarantee is active, the City may opt to install the landscaping and draw upon the performance guarantee for the cost thereof.

   F.   Types And Species Of Trees: All plant species shall be noninvasive, indigenous and/or native to the appropriate USDA hardiness zone and physical characteristics for Northern Iowa. Prohibited species include:

      1.   Prohibited in all parts of the City:

         a.   Ornamental (Callery) pear (Pyrus species and cultivars: Bradford, Cleveland select, redspire, capital, etc.), except those varieties proven to be fire blight resistant.

         b.   Ash (all species and cultivars).

         c.   Poplar (Populus species).

         d.   Ginkgo (female only).

         e.   Chinese elm and Siberian elm (Ulmus pumila). Elm species that are certified to be disease resistant may be planted.

         f.   Tree of heaven (Ailanthus altissima).

         g.   Austree (Salix alba x matsudana).

         h.   Box elder (Acer negundo).

         i.   Mulberry (Morus species).

      2.   Prohibited in right-of-way only:

         a.   Catalpa (Catalpa speciosa).

         b.   Common fruit and large nut bearing trees (walnut, hickory, butternut, etc.).

         c.   Birch species (river birch, white or paper birch, etc.).

         d.   American elm. Elm species that are certified to be disease resistant may be planted.

         e.   Black locust.

         f.   Soft or silver maple.

         g.   Cottonwood.

         h.   Willow (Salix species).

         i.   Russian olive.

         j.   Sumac.

         k.   Hawthorn.

         l.   Conifers (evergreens).

   G.   Minimum Planting Sizes And Equivalents: Plants required in subsection M, table 1 of this section shall meet the following minimum requirements:

      1.   Deciduous shade trees: Two inches (2.0") to two and one-half inches (2.5") in diameter measured six inches (6") above the ground.

      2.   Deciduous ornamental trees: One inch (1") to one and one-half inches (1.5") in diameter measured six inches (6") above the ground.

      3.   Evergreen trees: Six feet (6') in height.

      4.   Evergreen shrubs used for screening purposes, including those used in conjunction with berming, shall have a minimum spread at planting of thirty inches (30") to thirty six inches (36") and reach a minimum mature height of three feet (3').

      5.   The shade tree requirements specified in subsection N, table 1 of this section shall be met with long-lived deciduous shade trees; however, up to thirty percent (30%) of the shade tree requirements may be satisfied using ornamental trees and/or evergreen trees.

H   .   Slopes And Berms: Final slope grades steeper than the ratio of three to one (3:1) shall not be permitted without special approval of adequate slope stabilization measures such as ground cover plantings and retaining walls.

   I.   Landscape And Screening Of Off Street Parking And Loading Facilities:

      1.   Off street parking facilities containing five (5) or more spaces and all loading facilities shall be screened as follows:

         a.   Parking facilities shall be screened from abutting sidewalks and streets. Loading facilities shall be screened if abutting or visible from sidewalks and streets.

         b.   Parking and loading facilities shall be screened from any lot used for any residential purpose sharing a common property line; however, this shall not apply to parking or loading facilities located at least eighty feet (80') from the common property line of any single-family residential use and at least fifty feet (50') from the common property line of any other residential or mixed residential use. Notwithstanding the above, a parking facility serving a mixed use shall not be required to be screened from an adjacent lot containing a mixed use.

      2.   All screening shall be arranged to be a minimum eighty percent (80%) opaque throughout the year.

      3.   The complement of woody shrubs and trees fulfilling requirements for the screening of off street parking and loading described in this title shall incorporate evergreen trees and shrubs in sufficient quantities to provide year round color and shade, in locations that meet environmental conditions.

      4.   Screening adjacent to public sidewalks and streets shall include at least two (2) of the following:

         a.   A landscape screening strip at least five feet (5') wide, measured perpendicularly to the lot line abutting the street or sidewalk, containing a mix of shrubs and ornamental trees, in sufficient quantities and arranged to provide an adequate screen;

         b.   One (1) deciduous shade tree per every forty (40) linear feet of the lot line abutting the street or sidewalk;

         c.   A continuous shrub border or hedge no less than three feet (3') and no more than four feet (4') in height comprised of deciduous and/or evergreen shrubs;

         d.   Earth berm (if space permits); or

         e.   A decorative barrier consisting of a metal railing system with masonry columns or a solid masonry wall no taller than four feet (4') in height.

      5.   Screening to buffer single-family residential dwellings within eighty feet (80') of off street parking and loading facilities and to buffer all other residential and residential mixed use properties within fifty feet (50') of off street parking and loading facilities shall include a combination of at least three (3) of the following:

         a.   A landscape screening strip at least ten feet (10') wide, measured perpendicularly to the common lot line, containing a mix of shrubs and ornamental trees in sufficient quantities and arranged to provide an adequate screen;

         b.   One (1) tree per every thirty (30) linear feet of lot line contiguous to the residential property with at least forty percent (40%) of trees being evergreen varieties;

         c.   A continuous shrub border or hedge no less than five feet (5') and no more than eight feet (8') in height comprised of deciduous and/or evergreen shrubs;

         d.   Earth berm (if space permits);

         e.   Solid, board fence or masonry wall meeting the requirements of section 12-16-3 of this chapter.

   J.   Internal Parking Lot Landscaping:

      1.   Parking bays of twelve (12) spaces or more in length shall be subdivided by intermediate landscape islands or peninsulas. Landscape islands/peninsulas shall provide at least one (1) parking space width of landscape area (10 feet wide by 18 feet long island or peninsula for a single bay or 10 feet wide by 36 feet long island for a double bay). The Administrative Officer may permit peninsulas or islands of lesser length to allow for safe turning radii within parking lot aisles and drives.

      2.   Double parking bays with a length of six (6) or more double parking spaces shall terminate at each end with a planting area of a minimum of a double parking space of landscape area.

      3.   Parking bays greater than seven (7) spaces in length shall have one (1) landscaped island or peninsula placed at both ends.

      4.   Parking Lot Islands And Peninsulas: Where possible, planting islands should be depressed and surrounded by flat, ribbon curbs to facilitate stormwater filtering. Each landscaped island or peninsula shall be landscaped with perennial grasses or flowers, and at least one (1) of the following:

         a.   One (1) deciduous shade tree;

         b.   One (1) ornamental tree;

         c.   Two (2) salt tolerant low shrubs.

   K.   Landscaping Requirements For Outdoor Storage And Mini-Warehouse Self- Storage:

      1.   In addition to the fence requirements of sections 12-16-3 and 12-16-4 of this chapter, outdoor storage areas and mini-warehouse self-storage facilities shall be effectively screened and meet the applicable standards in this chapter, as follows:

         a.   A building wall may be used as a screen and may be counted towards meeting the screening requirements.

         b.   Z4 and Z7 Districts: Outdoor storage areas and mini-warehouse self- storage in the Z4 Multi-Use District and the Z7 Specific Use District shall be screened from view of any adjacent public street or sidewalk, and from any adjacent property in the Z2 Sub-Urban, Z3 General Urban, or Z7-5 Conservation Subdivision Zone Districts, and from any property containing a permitted residential use in the Z7-6 Golf Course Development, with one (1) or more of the following:

            (1)   A fence that is at least six feet (6') in height and at least eighty percent (80%) opaque, comprised of weatherproof or treated wood or rigid vinyl or similar rigid polymer material.

            (2)   A freestanding masonry wall that is at least six feet (6') in height and at least eighty percent (80%) opaque, comprised of structural foundations, clad in brick or decorative masonry units, pilasters and/or columns and protective capping. All masonry shall be either integrally colored or painted in subdued, earth tone colors.

         c.   Z6 District: Outdoor storage areas and mini-warehouse self-storage in the Z6 Industrial District shall be screened from view of any adjacent public street or sidewalk and from any adjacent property zoned Z2 Sub- Urban or Z3 General Urban, with one (1) or more of the following:

            (1)   A fence that is at least six feet (6') in height and at least forty percent (40%) opaque, comprised of weatherproof or treated wood or rigid vinyl or similar rigid polymer material.

            (2)   Galvanized metal mesh (chain-link) with openings no greater than five-eighths of one inch (5/8"). A galvanized metal mesh fence with openings of up to two inches (2") may be used if slats are integrated into the mesh, the forty percent (40%) opacity requirement can be met, and the slats are maintained in good condition.

            (3)   A freestanding masonry wall that is at least six feet (6') in height and at least fifty percent (50%) opaque, comprised of structural foundations, clad in brick or decorative masonry units, pilasters and/or columns and protective capping. All masonry shall be either integrally colored or painted in subdued, earth tone colors.

      2.   Additional landscaping screening requirements beyond those required in subsection N, table 1 of this section are as follows:

         a.   One (1) additional evergreen tree reaching a height of at least twenty feet (20') at maturity shall be planted for every fifty (50) linear feet of fencing facing adjacent public rights- of-way, within the yards adjacent to the rights-of-way.

         b.   Two (2) additional shrubs shall be required per forty (40) linear feet of right-of-way. The shrubs shall be planted along the outside of the fence within the yards adjacent to the right- of-way, no closer than three feet (3') from the fence or any impervious surfaces and shall meet the applicable landscaping requirements found in this chapter.

         c.   For outdoor storage areas within fifty feet (50') of a common property line with any property used for a residential purpose, a landscaped buffer shall be provided along the entire length of the property line, at least fifteen feet (15') in width, measured perpendicular to the property line. No structure or parking area, including the required fence or wall, may be located within this buffer area. The buffer area shall contain at least one (1) deciduous shade tree for each forty feet (40') of length of the buffer, one (1) evergreen tree for each twenty five feet (25') of length of the buffer, and either one (1) ornamental tree or three (3) shrubs for each forty feet (40') of the length of the buffer.

   L.   Installation: Landscaping as shown on the approved site development plan shall be installed prior to issuance of a final certificate of occupancy by the Chief Building Official. A temporary certificate of occupancy may be issued pending delays in landscaping installation due to seasonal change or other unavoidable delay; however, all landscaping must be completed before June 30 of the next growing season. The City may opt to utilize the performance guarantee required under subsection E of this section to purchase and install the required landscaping if the owner fails to do so by the above deadline.

   M.   Landscape Maintenance: Landscaping, including plantings required by this chapter and subsection N, table 1 of this section such as lawns, groundcovers, trees, shrubs and herbaceous perennial and annual gardens, shall be kept in healthy condition, free of invasive plants and weeds, in perpetuity.

   N.   Site Restoration And Planting:

   TABLE 1

   SITE RESTORATION AND PLANTING

Minimum landscape standards in this table are prescribed on a per lot basis. Up to thirty percent (30%) of the shade tree requirements may be met with deciduous ornamental or evergreen trees; see subsection G5 of this section.

 

(Ord. 13-14, 4-2-2013; amd. Ord. 15-10, 9-15-2015; 2017 Code; Ord. 20-10, 11-3-2020; Ord. 21-5, 6-1-2021; Ord. 24-6, 4-2-2024)

   A.   Corner Lots: On corner lots in all zoning districts, except for buildings in the Z5 District, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of three feet (3') and ten feet (10') within twenty feet (20') from the intersecting property lines. Any such obstruction shall not be wider than two feet (2').

   B.   Alleys And Driveways: Except for buildings in the Z5 District, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet (2') and eight feet (8') where it will interfere with traffic or pedestrian visibility from a driveway or alley to a public way. These regulations shall apply unless it can be demonstrated to the Administrative Officer that the planting, structure, or other obstruction provides an unobstructed view so as not to create a safety hazard. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code; Ord. 22-3, 3-1-2022; Ord. 24-6, 4-2-2024)

   A.   No land shall be developed and no form and function shall be permitted that results in water runoff causing flooding, erosion, or deposit of minerals on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other public facilities subject to the review and approval of the City Engineer and in accordance with storm drainage plans as may be established by the City.

   B.   In the case of all residential subdivisions of three (3) or more lots, business and industrial developments, the drainage plans with appropriate spot site elevations shall be submitted to the City Engineer for review and the final drainage plan shall be subject to written approval. In the case of such uses, no modifications in grade and drainage flow through fill, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the City Engineer.

   C.   The following standards shall apply to all development and activity that necessitates the grading, stripping, cutting, filling, or exposure of soils.

      1.   General Standards:

         a.   The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion.

         b.   Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development when necessary to control erosion.

         c.   Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time.

         d.   The drainage system shall be constructed and operational as quickly as possible during construction.

         e.   Whenever possible, natural vegetation shall be retained and protected.

         f.   Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a depth of four inches (4") and shall be of a quality at least equal to the soil quality prior to development.

         g.   When soil is exposed, the exposure shall be for the shortest feasible period of time. No exposure shall be planned to exceed sixty (60) days. Said time period shall be extended only if the City Engineer is satisfied that adequate measures have been established and will remain in place.

         h.   The natural drainage system shall be used as far as is feasible for the storage and flow of runoff. Stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout developed areas shall be encouraged to reduce peak flows, erosion damage, and construction costs.

      2.   Exposed Slopes: The following control measures shall be taken to control erosion during any activity where soils are exposed:

         a.   No slope should be steeper in grade than four feet (4') horizontal to one foot (1') vertical (4:1).

         b.   Exposed slopes steeper in grade than ten feet (10') horizontal to one foot (1') vertical (10:1) should be contour plowed to minimize direct runoff of water.

         c.   At the foot of each exposed slope, a channel and berm should be constructed to control runoff. The channelized water should be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter the natural drainage system.

         d.   Along the top of each exposed slope, a berm should be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures should consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flow apron, a gravel energy dissipator should be installed to prevent erosion at the discharge end.

         e.   Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soil material, and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jute netting, sod blankets, fast growing grasses or temporary seedings of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch should be anchored to slopes with liquid asphalt, stakes, and netting, or should be worked into the soil to provide additional slope stability.

         f.   Control measures, other than those specifically stated above, may be used in place of the above measures if it can be demonstrated that they will as effectively protect exposed slopes. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

      3.   Design Standards:

         a.   Manmade Waterways:

            (1)   The natural aboveground drainage system shall be utilized to the extent possible to dispose of runoff. Storm sewers are only to be used where it can be demonstrated that the use of the aboveground natural drainage system will not adequately dispose of runoff. Aboveground runoff disposal waterways may be constructed to augment the natural drainage system. To the extent possible, the natural and constructed waterways shall be coordinated with an open space trail system. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

            (2)   The widths of a constructed waterway shall be sufficiently large to adequately channel runoff from a ten inch (10") storm. Adequacy shall be determined by the expected runoff when full development of the drainage area is reached.

            (3)   No fences or structures shall be constructed across the waterway that will reduce or restrict the flow of water.

            (4)   The banks of the waterway shall be protected with a permanent turf vegetation.

            (5)   The banks of the waterway shall not exceed five feet (5') horizontal to one foot (1') vertical (5:1) in gradient.

            (6)   The gradient of the waterway bed shall not exceed a grade that will result in a velocity that will cause erosion of the banks of the waterway.

            (7)   The bed of the waterway shall be protected with turf, sod, or concrete. If turf or sod will not function properly, riprap may be used. Riprap shall consist of quarried limestone, fieldstone (if random riprap is used) or construction materials, provided said construction materials are limited to asphalt cement and concrete. The riprap shall be no smaller than two inches (2") square nor larger than two feet (2') square. Construction materials shall be used only in those areas where the waterway is not used as part of a recreation trail system.

            (8)   If the flow velocity in the waterway is such that erosion of the turf sidewall will occur and said velocity cannot be decreased via velocity control structures, then other materials may replace turf on the sidewalls. Either gravel or riprap may be allowed to prevent erosion at these points.

         b.   Water Velocity:

            (1)   The flow velocity of runoff in waterways shall be controlled to a velocity that will minimize erosion of the waterway.

            (2)   Flow velocity shall be controlled through the installation of diversions, berms, slope drains, and other similarly effective velocity control structures.

         c.   Sediment Control:

            (1)   To prevent sedimentation of waterways, pervious and impervious sediment traps and other sediment control structures shall be incorporated throughout the contributing watershed.

            (2)   Temporary pervious sediment traps could consist of a construction of bales of hay with a low spillway embankment section of sand and gravel that permits a slow movement of water while filtering sediment. Such structures may serve as temporary sediment control features during the construction stage of a development.

            (3)   Permanent impervious sediment control structures consist of sediment basins (debris basins, silt basins, or silt traps) and shall be utilized to remove sediment from runoff prior to its disposal in any permanent body of water.

         d.   Maintenance Of Erosion Control System:

            (1)   The erosion and velocity control structures shall be maintained in a condition that will ensure continuous functioning according to the provisions of this title.

            (2)   Sediment basins shall be maintained as the need occurs to ensure continuous desilting action.

            (3)   The areas utilized for runoff waterways and sediment basins shall not be allowed to exist in an unsightly condition. The banks of the sediment basins and waterways shall be landscaped.

            (4)   Prior to the approval of any development, the developer shall make provision for continued maintenance of the erosion and sediment control system.

   D.   The top of any exterior foundation shall extend above the elevation of the street, gutter or inlet of an approved drainage device a minimum of twelve inches (12") plus two percent (2%). Exceptions to this standard may be approved by the City Engineer when it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

Lighting used to illuminate an off street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining property and from public rights-of-way. Direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property or the public right-of-way. Bare luminaries (light bulbs) shall not be permitted in view of adjacent property or public right-of-way.

Lighting standards for Zoning Districts Z1 through Z6 as well as the Z7 Specific Use Districts are described below. For Zoning Districts Z1, Z2, Z3 and Specific Use District Z7-3, the following standards (table 2 of this section) shall be considered dark sky guidelines. These suggested guidelines will serve as a connection between general planning practices and zoning regulations. For Zoning Districts Z4, Z5, Z6 and Specific Use Districts Z7-1, Z7-2 and Z7-4, the following standards shall be required as a part of development standards.

   TABLE 2

   PUBLIC DARKNESS

This table outlines standards for preserving public darkness.

 

Notes:

   1.    A lumen is equal to 1 foot-candle falling on 1 square foot of surface area and 1 foot-candle is equal to 1 lumen per square foot.

   2.    The Administrative Officer or the Development Review Committee may permit a luminaire that is partially shielded if it can be shown that a partially shielded luminaire is necessary to provide adequate light for the conditions specific to its location and that adjoining properties are not negatively affected.

(Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

The emission of smoke by any use shall be in compliance with and regulated by the State of Iowa Pollution Control Standards, as amended. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Iowa Pollution Control Standards, as amended. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by Iowa Statutes, as amended. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

   A.   Location And Screening:

      1.   New Development:

         a.   All refuse and refuse handling containers, including, but not limited to, garbage cans, carts and dumpsters, shall be stored within the principal structure, within an accessory building, or screened from eye level view from any public right-of-way, except alleys. Exceptions shall be made for garbage cans and carts provided for public and/or customer use and convenience.

         b.   Screening shall be of sufficient height to conceal the container and provide a minimum opaqueness of eighty percent (80%). Screening may be partially accomplished with landscape materials if deemed of sufficient height and opaqueness year round.

         c.   Screened containers shall generally be located in the third tier of a property, being that area measured from a point twenty feet (20') back from the principal structure's front facade and extending to the rear lot line.

         d.   Screened containers shall generally comply with minimum setback requirements for accessory buildings. (Ord. 11-08, 8-16-2011)

         e.   The design, construction and location of all required screening shall be subject to Development Review Committee (DRC) compliance review. New one- and two-family residential functions shall be subject to the standards of this subsection; however, DRC review and approval is not required.

      2.   Existing Development:

         a.   While not required, screening of existing refuse handling containers from eye level view from any public right-of-way, except alleys, is highly recommended. Every effort shall be made to locate existing containers where they will have the least visual impact while maintaining adequate vehicular circulation and parking on the premises.

         b.   The placement of refuse handling containers on premises where no refuse containers were previously located shall be required to meet the requirements for new development above.

      3.   Development, General Requirements:

         a.   All refuse handling containers and screening shall be kept in a state of good repair and appearance at all times.

         b.   In outside locations, all refuse shall be placed inside the container or within the screened area, not outside or alongside the container or screened area. Refuse handling container capacity shall be "right sized" to handle the typical waste stream resulting from uses operating on the premises.

         c.   All refuse handling containers located outside of a building shall have tightfitting lids to prevent spilling and spreading of debris. Exceptions will be made if open, no lid containers are necessary for construction debris or for similar purposes where spreading of debris is not likely or if the use is for a temporary period of time.

         d.   If being used temporarily for construction, moving or similar limited purposes occurring on the premises, refuse handling containers do not have to meet the screening or location requirements. However, in no case shall a container remain on a premises for these purposes longer than three (3) months within any twelve (12) month period if located in a Z2 or Z3 Zoning District or six (6) months within any twelve (12) month period if located in any other zoning district, unless a limited extension is approved for good cause by the Administrative Officer. If the container is being used for a construction purpose, a valid building permit must be issued for an active construction project on the premises. (Ord. 11-08, 8-16-2011; amd. 2017 Code)

   B.   Dumping And Disposal:

      1.   Except if associated with a permitted use, the use of land within the City for dumping and disposal of sewage, rubbish, scrap iron, junk, garbage, ashes, slag industrial waste byproducts, and petroleum contaminated soil is not permitted in any zoning district of the City. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

   A.   General Standards:

      1.   The Administrative Officer may order the owner of the property to cease or modify open storage uses including existing uses, provided it is found that such use constitutes a threat to the public health, safety, or general welfare.

      2.   Parking and storage of vehicles on private lots, including recreational and commercial vehicles, shall be subject to the requirements of sections 12-8-5 and 12-8-6 of this title.

   B.   Residential Uses:

      1.   Exceptions: The storage of materials and equipment for residential uses (excluding farms) shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following:

         a.   Clotheslines, pole and wire.

         b.   Patio equipment, including chairs, tables and grills.

         c.   Play and recreational equipment.

         d.   Off-street parking of currently registered and operable passenger vehicles and trucks owned for personal, non-commercial purposes, not to exceed a gross vehicle weight of fourteen thousand (14,000) pounds.

         e.   Off-street parking of recreational vehicles and commercial vehicles in accordance with section 12-8-6C and D.

         f.   Rear or side yard exterior storage of firewood for the purpose of consumption only by the person or persons on whose property it is stored.

   C.   Nonresidential Uses:

      1.   Exterior Storage/Display: Outside storage shall be governed by the respective zoning district in which the use is located.

      2.   Additional Standards: All outside storage shall be screened so as not to be visible from adjoining properties and public streets, in accordance with subsection 12-16-5K of this chapter, except for the following:

         a.   Merchandise being displayed for sale in accordance with zoning district requirements.

         b.   Materials and equipment currently being used for construction on the premises. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code; Ord. 20-10, 11-3-2020)

Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system, the sanitary sewer system or any public water body, but shall be disposed of in a manner approved by the Iowa State Fire Marshal, appropriate State or Federal agencies and the Administrative Officer. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of the Iowa State Fire Marshal, the Iowa Department of Agriculture and other agencies with jurisdiction, and shall have documents from those offices stating the use is in compliance. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

All activities that emit radioactivity shall comply with the minimum requirements of the Iowa Department of Natural Resources, as amended. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

All activities that create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission, as amended. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

   A.   The temporary storage of fill from building excavations or construction projects shall be allowed in all zoning districts subject to the following conditions:

      1.   Storage shall not exceed the term of the building permit.

      2.   The storage shall be in compliance with requirements and approved by the City building official and the City Engineer.

      3.   Provisions as approved by the City building official and the City Engineer shall be made for erosion control.

   B.   The storage of fill beyond that allowed in subsection A of this section shall be in compliance with the provisions of this chapter as may be applicable and allowed but only within those zoning districts of the City where outside storage is allowed. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

   A.   Contiguous To Principal Building: The outdoor customer dining area must be contiguous to the building housing the principal restaurant use; however, the area may be separated from the building by a pedestrian walkway, with a width meeting the requirements of this section and applicable regulations. The outdoor customer dining area may be located on an adjoining property so long as the contiguity is maintained.

   B.   Encroachment Into Setbacks: The outdoor customer dining area may encroach into the required setbacks of the principal building.

   C.   Encroachment Into Public Right-Of-Way And Public Property: An outdoor customer dining area that is located partially or completely upon public right-of-way or other public property shall be subject to the requirements of title 5, articles C and F of this code.

   D.   Off Street Parking: The outdoor customer dining area cannot displace required off street parking.

   E.   Roof Cover:

      1.   If the customer dining area is enclosed on three (3) sides by the same or an adjacent principal building, it cannot have a solid roof cover.

      2.   If the outdoor customer dining area is enclosed by one (1) or two (2) sides of the building, the area may be roofed by a solid roof cover; however such a cover is not required.

   F.   Areas Serving Alcohol: If alcohol is being served, the outdoor customer dining area must be delineated by a short fence, rope or chain barrier to comply with applicable alcoholic beverage regulations.

   G.   Food Preparation: Food preparation is prohibited in the outdoor customer dining area.

   H.   Takeout Or Self-Service Food Sales: An outdoor customer dining area that is associated with a restaurant offering "takeout" or "self-service" food sales must provide and maintain a trash container with a self-closing lid.

   I.   Capacity: The capacity of the outdoor customer dining area shall not be considered as part of the occupant load used to calculate the minimum or maximum number of parking stalls required for the principal restaurant function. (Ord. 14-1, 1-7-2014; amd. 2017 Code; Ord. 20-10, 11-3-2020)

In addition to encroachments into setbacks stated in this title for specific zoning districts, the following shall be permitted in any zoning district:

   A.   An access ramp meeting accessibility requirements and serving a residential function may encroach into any required setback. A ramp serving any other function may encroach into a required side or rear setback, but not into a principal front or secondary front setback.

   B.   A roof overhang or eave may extend up to twenty four inches (24") into any required setback.

   C.   A stoop, with an area no greater than thirty-two (32) square feet, may encroach up to six feet (6') into any required setback. (2017 Code; amd. Ord. 20-10, 11-3-2020)

The following may exceed the maximum height for structures as required in each zoning district:

   A.   Ornamental elements, such as church spires, belfries, cupolas, domes, ornamental towers, flag poles and monuments.

   B.   Necessary appurtenances, such as: chimneys and smokestacks, water tanks, elevator and stairwell penthouses, ventilators, and similar structures; provided, that any such structures that exceed height limitations be limited to the minimum necessary height to meet the operational needs of the building.

   C.   Structural extensions appropriate to the building design, such as cornices and parapets.

   D.   Structures serving public utilities.

   E.   Wind energy conversion systems, subject to the requirements of chapter 17 of this title.

   F.   Communication towers, subject to the requirements of chapter 19 of this title.

   G.   Buildings (including accessory buildings) in the Z6 District may exceed height limitations if reviewed and approved as P1 by the Planning and Zoning Commission. (2017 Code)

A home occupation is a permitted accessory use to any residential function, subject to the following requirements:

   A.   A home occupation shall be clearly accessory and incidental to the principal residential function.

   B.   Only those members of the family residing within the dwelling may be employed in the home occupation.

   C.   A home occupation shall not have a sign, other than a nameplate not more than two (2) square feet in area, nor any display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling.

   D.   There shall be no stock in trade nor commodity sold upon the premises.

   E.   No mechanical equipment shall be used except equipment common to domestic or household purposes.

   F.   The home occupation shall occupy no more than twenty five percent (25%) of the gross floor area of the residence. (2017 Code)

In the Z1, Z2, Z3, Z7-5 and Z7-6 districts, on lots where a residential dwelling is the principal function, an accessory building may only be located on a lot that also contains a principal building. In addition, the following requirements shall apply:

   A.   An accessory building may not be erected unless a principal building is being or has been constructed upon the same lot.

   B.   An existing accessory building may remain on a lot where the principal building is proposed to be or has been demolished only if the owner has entered into an agreement with the City that:

      1.   Requires construction of a new principal building to begin no later than six (6) months after the previous principal building was demolished; and

      2.   Requires that, if construction of the new principal building does not commence no later than six (6) months as required above, the City may enter the property and demolish the existing accessory building, with all costs assessed to the property owner. (Ord. 22-3, 3-1-2022; amd. Ord. 24-6, 4-2-2024)