(a)

This ordinance shall be known and may be cited and referred to as the "Zoning Ordinance of the City of Mount Pleasant, Iowa," and shall be referred to herein as "this ordinance."

(a)

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements. Where this ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this ordinance shall control. If any other statute, ordinance or regulation imposes higher standards than are required by this ordinance, such statute, ordinance or regulation shall control. Any regulation, adopted under the authority of this ordinance, which relates to a structure, building, dam, obstruction, deposit or excavation in or on the floodplains of a river or stream shall require prior approval of the Iowa Department of Natural Resources to establish, amend, supplement, change or modify such regulation or to grant a variation or exception from it.

(a)

For the purposes of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural, and the plural number includes the singular; the word "shall" is mandatory, and the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; the words "used" or "occupied" include the words intended, designed or arranged to be used or occupied.

(1)

Accessory use or structure. A use or structure subordinate to the principal use of a building on the lot with and serving a purpose customarily incidental to the use of the principal building.

(2)

Adult business. See Chapter 19.38.

(3)

Agriculture. The use of land for purposes of growing the usual farm products, including vegetables, fruit, trees and grains; pasturage; dairying; animal and poultry husbandry; and the necessary accessory uses for treating or storing the produce; provided that the operation of such accessory uses shall be secondary to that of the regular agricultural activities.

(4)

Airport (landing strip or heliport). An area of land which is used, or intended for use, for the landing and take-off of aircraft; and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

(5)

Alley. A public way, other than a street, twenty (20) feet or less in width affording a secondary means of access to abutting property.

(6)

Animal hospital. The keeping of all types of animals for treatment and/or boarding purposes, provided that any exercising runway shall be at least two hundred (200) feet from any "R" district boundary; and provided that the exercise area is screened from view with a buffer complying with Section 19.12.090(b). See also definitions of Veterinary Clinics and Kennels.

(7)

Assisted living residential facility. A building which provides housing with services which may include, but are not limited to, health-related care, personal care, and assistance with instrumental activities of daily living to six (6) or more tenants in a physical structure which provides a home-like environment, and which is either certified or voluntarily accredited through the Department of Elder Affairs as provided in Chapter 231C, Code of Iowa.

(8)

Automobile service station (gas station). See Service Station.

(9)

Automobile wrecking. The dismantling or wrecking of motor vehicles or trailers or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot, parcel or tract of land of two (2) or more vehicles which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been removed or are to be removed for reuse, salvage or sale shall constitute prima facie evidence of an automobile wrecking yard.

(10)

Basement. A story having part but not more than one-half (½) of its height below grade. A basement is counted as a story for the purpose of height regulation. (See Attachment G for illustration of basement.)

(11)

Bed and breakfast home. A private residence which provides lodging and meals for guests, in which the host or hostess resides and in which no more than four (4) guest families are lodged at the same time and which, while it may advertise and accept reservations, does not hold itself out to the public to be a restaurant, hotel or motel, does not require reservations and serves food only to overnight guests.

(12)

Bed and breakfast inn. A building having nine (9) or fewer guest rooms, equipped, used, advertised, or presented to the public as an inn, hotel, motel, motor inn, or place where sleeping accommodations are furnished and food service for the general public is allowed.

(13)

Billboard. As used in this ordinance, shall include all structures, regardless of the materials used in the construction of the same, that are erected, maintained or used for the public display of posters, painted signs, wall signs (whether the structure is placed on the wall or painted on the wall itself), pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located.

(14)

Boardinghouse. A building, other than a hotel or motel, where, for compensation, meals or lodging and meals are provided for four (4) or more persons.

(15)

Building. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property; but not including signs or billboards.

(16)

Building codes. Those applicable codes enforced by the building and zoning administrator and designated in chapter 6 of the city Code of Mount Pleasant.

(17)

Building, height of. The vertical distance from the average finished grade at the building line to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof (See Attachment A for illustrations).

(18)

Building, principal. A non-accessory building in which is conducted the principal use of the lot on which it is located.

(19)

Business incubator space. The use of an office, or physical space, by persons who are self-employed or working for different employers, i.e. "Entrepreneurial Companies" seeking to start up, expand or grow a business, where support services are offered in a collaborative working environment to promote and accelerate the growth and success of the company, where persons or companies share space to allow for cost savings and convenience through use of common infrastructure and the sharing of equipment, ideas and knowledge.

(20)

Campground, commercial and recreational vehicle park. Any premises where two (2) or more camping units are parked/placed for camping purposes, or any premises used or set apart for supplying to the public, camping space for two (2) or more camping units for camping purposes, which include any buildings, structures, vehicles, or enclosures used or intended wholly or in part for the accommodation of transient campers.

(21)

Camping unit. Any recreational vehicle or other vehicle, tent, or other movable shelter used for camping purposes.

(22)

Carport. A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides. For the purposes of this ordinance, a carport attached to a principal building shall be considered as part of the principal building and subject to all yard requirements herein.

(23)

Car wash. A building or portion thereof where automobiles are washed; using a conveyor, blower, steam-cleaning equipment, or other mechanical device of production-line nature.

(24)

Cellar. That portion of a building having more than one-half (½) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

(25)

Child care. The care, supervision, and guidance of a child by a person other than the child's parent, guardian, or custodian for periods of less than twenty-four (24) hours per day per child on a regular basis, but does not include care, supervision and guidance of a child by any of the programs described in Code of Iowa, § 237A.3(a)-(l).

(26)

Child care center. A facility providing child day care or preschool services for seven (7) or more children, except when the facility is registered as a child care home.

(27)

Child care facility. A child care center, preschool, or a registered child care home.

(28)

Child care home. A person or program providing child care as a family child care home or a group child care home as authorized by Code of Iowa, § 237A.3.

(29)

Church or place of religious worship. An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

(30)

Certificate of occupancy. An official certificate issued by the Building Official or his/her designee prior to occupancy of a completed building or structure, upon finding of conformance with the applicable building code and this Zoning Ordinance.

(31)

Clinic, medical or dental. A building or buildings in which physicians, dentists, or physicians and dentists, and allied professional assistants are associated for the purpose of carrying on their profession.

(32)

Cocktail lounge. Any place of business, other than a "night club", located in and accessory to a hotel, motel, or restaurant, where liquor, beer or wine is sold for consumption on the premises, where music or other entertainment is limited to a piano bar or other one (1) person performance.

(33)

Commercial feedlot. Feeding, raising or breeding of livestock, poultry or other animals in confined feedlots, dry lots, pens, cages, ponds, or buildings when not in conjunction with a farming operation.

(34)

Condominium. An estate in real property as regulated by Chapter 499B of the Code of Iowa; consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

(35)

Convenience store. Any retail establishment offering for sale food products, household items and other goods commonly found in grocery stores, as well as retail gas sales, and having a gross floor area of more than one thousand two hundred (1,200) square feet but less than five thousand (5,000) square feet.

(36)

Co-working space. The use of an office, or physical space by persons who are self-employed or working for different employers in a collaborative working environment which is more flexible than a traditional office where several workers individually or from different companies share space to allow for cost savings and convenience through use of common infrastructure and the sharing of equipment, ideas and knowledge. Often referred to as shared or collaborative space.

(37)

Dormitory. A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.

(38)

Drive-in facility. An establishment that, by design of physical facilities or by service or packaging procedures, permits customers to receive a service or obtain a product while remaining in a motor vehicle or to be entertained while remaining in a motor vehicle.

(39)

Dwelling. Any stationary, permanent building or portion thereof which is designated or used exclusively for residential purposes, but not including a garage, tent, cabin, mobile home, trailer, or travel trailer, motor home or bus, and containing bathroom and/or kitchen facilities, and if occupied by means of rent or lease, not containing more than five (5) sleeping rooms, as defined in the building code.

(40)

Dwelling, condominium. A multiple dwelling 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 ownership solely by the owners of the units with each owner having an undivided interest in the common real estate.

(41)

Dwelling, multiple. A residence designed for or occupied by three (3) or more families, with separate housekeeping and cooking facilities for each.

(42)

Dwelling, row. Three (3) or more attached dwellings in a continuous row, each such dwelling designed and erected as a unit on a separate lot and separated from one another by an approved wall or walls. Also referred to as a townhouse.

(43)

Dwelling, townhouse. A dwelling unit which is attached horizontally, and not vertically to one (1) or more other dwelling units, wherein the land or lot beneath each dwelling is individually owned by the owner of the dwelling. A townhouse subdivision shall have common elements which are specified in or determined under the rules and regulations set forth by recorded covenants. Covenants for a townhouse subdivision shall establish the guidelines for maintenance of common elements and permit free movement through common areas by members of the homeowners association (council of co-owners) to assure access to the structural exterior of each townhouse unit by the individual unit owner.

(44)

Dwelling, two-family duplex. A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each.

(45)

Dwelling unit. A room or group of rooms which are arranged, designed or used as living quarters for the occupancy of one (1) family and containing bathroom and/or kitchen facilities.

(46)

Elder family home. A residential facility for at least two (2) but no more than five (5) persons, the majority of whom are sixty (60) years of age or older, which is registered as an elder family care home with the Iowa Department of Elder Affairs in accordance with Iowa Code 231A.2.

(47)

Elder group home. A single-family residence that is a residence of a person who is providing room, board and personal care to three (3) through five (5) persons sixty (60) years of age or older who are not related to the person providing the service within the third degree of consanguity or affinity and which is certified by the Iowa Department of Elder Affairs as an elder group home in accordance with Iowa Code 231B.2.

(48)

Electrical vehicle charging station. A public or private parking space which is on a lot and which is served by equipment which transfers electric energy to a battery or other energy storage device in an electric vehicle.

(49)

Family. One (1) or more persons occupying a single-dwelling unit;, provided that, unless all members are related by blood, marriage or adoption, no such family shall contain over four (4) persons; or any number of persons occupying a single-dwelling unit by means of rent or lease, provided that sleeping rooms in compliance with the building code exist which provide seventy (70) square feet for the first occupant of a single sleeping room and fifty (50) square feet for each additional occupant of a single sleeping room, and provided that a living room exists which is at least one hundred twenty (120) square feet in size.

(50)

Family child care home. A person or program which provides child care to less than seven (7) children at any one (1) time or to less than twelve (12) children at any one (1) time, as authorized by Code of Iowa, § 237A.3.

(51)

Family home. A home for the physically disabled which is intended to serve two (2) to five (5) residents who are members of a nonprofit corporation formed in accordance with Iowa Code 504C.1; or, a community-based residential home which is licensed as a residential care facility under Chapter 135C, Code of Iowa, or as a foster care facility under Chapter 237, Code of Iowa, to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight (8) developmentally disabled persons and any necessary support personnel; provided that family home does not mean an individual foster care family home licensed under Chapter 237, Code of Iowa.

(52)

Farm. A tract of land which is used for the growing of vegetables, fruits, and grains, or for the raising of domestic poultry and animals. The term "farming" includes the operating of such area for one (1) or more of the above uses and for such necessary accessory uses as treating or storing the produce, provided, however, that any such accessory uses shall be secondary to the normal farming activities and that such accessory uses do not include the commercial feeding of animals or poultry in confined lots or buildings.

(53)

Farm dwelling. A dwelling located on a farm and occupied by the owner or operator of the farm on which it is located.

(54)

Feedlot. Any parcel of land or premises on which the principal use is the concentrated feeding within a confined area of cattle, hogs or sheep. The term does not include areas which are used for the raising of crops or other vegetation and upon which livestock are allowed to graze or feed.

(55)

Fence, solid. A fence, including solid entrance and exit gates, which effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

(56)

Floodplain. Those areas contiguous to a river, stream or other drainage course which have been inundated by floodwaters or where inundation by floodwaters can be expected to occur at a frequency of at least once in one hundred (100) years.

(57)

Floodway. The channel of a river, stream, or watercourse and those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the floodwater.

(58)

Floodway fringe. Those portions of the floodplain, other than the floodway, which can be filled, levee, or otherwise obstructed without causing substantially higher flood levels or flood velocities within the floodway.

(59)

Floor area (building). For the purpose of determining the floor area ratio, conversion of existing buildings, and maximum size of business establishments: The sum of the gross horizontal areas of the several floors, including the basement floor but not including the cellar floor, of the building; measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings.

The floor area of a building shall also include elevator shafts and stair wells on each floor; floor space used for mechanical equipment, except equipment, open or enclosed, located on the roof; penthouses; attic space having head-room of seven (7) feet ten (10) inches or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses provided that any space devoted to off-street parking or loading shall not be included in floor area.

(60)

Foster child care. Care and education of not more than five (5) children unrelated to the residents by blood or adoption.

(61)

Foundations. The minimum requirements for the foundation of a manufactured home, placed outside of an approved mobile home park, shall be a perimeter trench footing that is no smaller than the width and length of the proposed home. The minimum trench footing width shall be four (4) inches but in no event less than the width of the foundation wall. The trench footing depth shall be forty-two (42) to forty-eight (48) inches. No reinforcement is required. The foundation wall shall be four (4), six (6), or eight (8) inch block, brick or stud wall, with siding to match the home. An access door to the underfloor space shall be provided. All other state support and tie-down requirements shall be met.

The foundation of a manufactured home may also be constructed of such alternate building systems that have been reviewed and approved by the Building Administrator.

It is the intent herein to provide a foundation which is compatible with the structural design of a manufactured home, and ensures visual compatibility with surrounding site-built residential structures.

(62)

Garage, private. An accessory building or an accessory portion of the main building designated and/or used for the shelter or storage of vehicles owned or operated by the occupants of the principal building. A private garage of less than a three-car capacity may be rented for the private vehicles of persons not resident on the premises.

(63)

Garage, public. A structure, other than a private garage, used for the shelter and storage of motor-powered vehicles and in which the care, minor servicing and washing are accessory to the principal use.

(64)

Gas station. A structure designed or used for the retail sale or supply of energy, fuels, lubricants, air, water, washing and polishing services and other operating commodities or accessories on or in such vehicles, and including the customary space and facilities for the installation of such commodities or accessories on or in such vehicles; but not including space or facilities for the storage, painting, major repair, refinishing, body work or other major servicing of motor vehicles.

(65)

Grade. The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, alley or other public way, the above ground level shall be measured at the elevation of the sidewalk, alley or public way.

(66)

Grain elevator. A structure or group of structures whose purpose is limited to the receiving, processing, storage, drying and transporting of bulk grain.

(67)

Greenhouse. A building or accessory structure constructed chiefly of glass or other translucent material, which is devoted to the protection or cultivation of flowers or other tender plants.

(68)

Group child care home. A facility providing child care for more than six (6) but less than twelve (12) children as authorized in accordance with Section 237A.3, subsection 2, or for less than sixteen (16) children at any one (1) time as authorized in accordance with Section 237A.3, subsection 3.

(69)

Health club. An establishment providing physical fitness facilities and services to the public for a fee, including but not limited to: game courts, exercise equipment, exercise areas, running tracks, swimming pools, physical fitness maintenance and weight control services and instructors, locker rooms, saunas and associated retail shop intended for members of club only.

(70)

Height, average roof. The average of the lowest (eave) roof height and the highest point on the roof surface, all measured from the finished grade.

(71)

Home occupation. A business, profession, occupation or trade conducted for gain or support as an accessory use entirely within a dwelling, or a structure, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.

(72)

Homeowners or property owners association. A formally constituted non-profit association or corporation made up of the property owners and/or residents of a definitive area; who collectively may take permanent responsibility for costs and upkeep of commonly owned or designated community property.

(73)

Hospital. An institution licensed by state law providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.

(74)

Hotel/motel. A building or buildings in which lodging is provided and offered to the public for compensation, and which is open to transient guests in contradistinction to a boardinghouse or roominghouse.

(75)

Junk. Old and dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof, wagons and other kinds of vehicles and parts thereof, scrap, used building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material which is stored, kept, handled or displayed for barter, resale, reuse, salvage, stripping or trade.

(76)

Junkyard. Any area where junk is bought, sold, exchanged, baled or packed, disassembled or handled, including housewrecking yards, used lumberyards and places or yards for storage of salvaged housewrecking of structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building; and not including the processing of used, discarded or salvaged materials necessary as a part of manufacturing operations.

(77)

Kennel. The keeping of any dogs, cats, or other household pets of mammal group regardless of number, for sale, breeding, boarding or treatment purposes, except in an animal hospital, veterinary clinic, or pet shop, as may be permitted by law, or the keeping of more than two (2) dogs or cats on vacant property or on property used for business or commercial purposes, shall constitute a kennel. Any exercising runway shall be at least two hundred (200) feet from any "R" district boundary; and provided that the exercise area is screened from view with a buffer complying with Section 19.12.090(b). The keeping of not more than three (3) dogs and three (3) cats in a residential district shall not be deemed to be a kennel, unless kept for sale, breeding, boarding or treatment purposes. Any person keeping more than three (3) dogs and three (3) cats in a residential district on the effective date of this ordinance, registered as required by ordinance, may continue to keep such dogs or cats during the pet's lifetime. See also definitions of Veterinary Clinics and Animal Hospitals.

(78)

Laundromat, self-service. A business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises.

(79)

Lodging or rooming house. A residential building or portion thereof containing room for accommodating, for compensation, persons who occupy the building by means of rent or lease and who are not transients; and containing more than five (5) sleeping rooms, as defined in the building code. Residential buildings which are occupied by means of rent or lease and which contain five (5) or less sleeping rooms shall be considered single-family dwellings. Lodging may or may not include the serving of meals to the lodgers. Facilities for lodgers shall not include individual cooking facilities, but may include sleeping or living quarters or rooms with or without individual bathrooms.

(80)

Lot. For the purposes of this ordinance, a lot is a parcel of land of at least a sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an approved private street and may consist of:

a.

A single lot of record;

b.

A portion of a lot of record;

c.

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; or

d.

A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance.

(81)

Lot, corner. A lot abutting upon two (2) or more streets at their intersection.

(82)

Lot, depth. The mean horizontal distance between the front and rear lot lines.

(83)

Lot, double frontage. A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

(84)

Lot, interior. A lot other than a corner lot.

(85)

Lot, reversed frontage. A corner lot, the side street line of which is substantially a continuation of the front lot line of the first platted lot to its rear.

a.

(See Attachment D for illustrations of lot types.)

(86)

Lot lines. The lines bounding a lot, including the right-of-way line of any public road or highway acquired by easement.

(87)

Lot of record. A lot which is part of a subdivision or official plat recorded in the office of the county recorder of Henry County or a lot or parcel described by metes and bounds, the description of which has been so recorded.

(88)

Lot width. The width of a lot measured at the building line and at right angles to its depth.

(89)

Manufactured home. A factory-built, single-family structure which is manufactured or constructed under the authority of 42 USC Section 5403, Federal Manufactured Home Construction and Safety Standards; and displays a seal from the United States Department of Housing and Urban Development; and was constructed on or after June 15, 1976; and is to be used as a place for human habitation; and is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site; and which does not have permanently attached to its body or frame any wheels or axles.

a.

For the purpose of these regulations, a manufactured home shall be considered the same as any site-built, single-family detached dwelling. It shall be located in accordance with the setback, lot size, minimum square footage and hook-up requirements for a site-built, single-family detached dwelling on the same lot. It shall be installed with a permanent foundation system for a manufactured home as described in this section under "Foundations".

(90)

Marina. A facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure water craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests.

(91)

Member. Any person or entity utilizing Co-Working or Business Incubator Space in addition to or in conjunction with the owner or tenant through a membership or otherwise.

(92)

Mini-warehouse. A building or group of buildings not more than one (1) story or twenty (20) feet in height and not having any dimension greater than one hundred fifty (150) feet per building, containing varying sizes of individualized, compartmentalized, and controlled access stalls or lockers for the dead storage of customer's goods or wares, excluding junk, explosive, or flammable materials, and other noxious or dangerous materials, including, if any, caretaker or supervisors' quarters as an accessory use. No business activities other than rental of storage units shall be conducted on the premises.

(93)

Mobile home. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public street or highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one (1) or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home is not built to mandatory building code, contains no state or federal seals, and was built before June 15, 1976. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home is only permitted in an approved mobile home park.

(94)

Modular home. Factory-built structure built on a permanent chassis which is manufactured to be used as a place of human habitation; is constructed to comply with Iowa State Building Code for Modular Factory-Built Structures; and displays the seal issued by the state building code commissioner. Once certified by the state, a modular home shall be subject to the same standards as a site-built home. It shall be located in accordance with the setback, lot size, minimum square footage and hook-up requirements for a site-built, single-family dwelling or multi-family dwelling on the same lot, whichever is applicable. It shall be installed with a permanent foundation system as required by codes for a site-built, single-family or multi-family detached dwelling, whichever is applicable.

(95)

Modular/manufactured/mobile home community. Any lot or portion of a lot upon which two (2) or more manufactured and/or modular homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation, or any lot or portion of a lot upon which one (1) or more trailers or mobile homes, occupied for dwelling or sleeping purposes, are located. Additionally, the term "Modular/manufactured/mobile home community" shall mean the same as a "land-leased community" in Iowa Code 414.28A, except in cases where portions of this definition are more restrictive. In such cases, the more restrictive elements of this definition shall apply.

a.

Exception: Modular and/or manufactured homes in a condominium arrangement, as permitted by the zoning ordinance on a site plan approved by the city council or manufactured/modular homes in an R-5 planned unit development district as permitted by the zoning ordinance on a site plan approved by the city council shall not be considered manufactured/modular home communities.

(96)

Motor freight terminal. A building in which freight by motor truck is assembled and sorted for routing in intrastate or interstate shipment.

(97)

Nonconforming structure. Any structure or building lawfully constructed prior to the effective date of this ordinance (or amendment thereto) which does not conform with the bulk regulations of the district in which it is located.

(98)

Nonconforming use. The use of any structure or land that was established prior to the effective date of this ordinance (or amendment thereto) which does not conform with the regulations of the district in which it is located.

(99)

Nonprofit institution. A nonprofit establishment maintained and operated by a society, corporation, individual, foundation, or public agency for the purpose of providing charitable, social, educational or similar services to the public, groups or individuals. Cooperative nonprofit associations performing a service normally associated with retail sales or trade, such as cooperative groceries, granaries, equipment sales, etc., shall not be considered a nonprofit institution under this ordinance.

(100)

Nursing or convalescent home. A building or structure having accommodations and where care is provided for invalid, infirmed, aged, convalescent or physically disabled or injured persons.

(101)

Parking space. A permanently surfaced area of not less than one hundred eighty (180) square feet, measuring not less than nine (9) feet by twenty (20) feet, plus necessary maneuvering space, for the parking of a motor vehicle. Space for maneuvering, incidental to parking or unparking, shall not encroach upon any public right-of-way, except as may be provided by city ordinance.

(102)

Planned unit development. A development of land which is under unified control and is planned and developed as a single development or programmed in a series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces and other site features and improvements. A Planned Unit Development also includes a development agreement between the City and a developer and is subject to a rezoning process pursuant to this ordinance.

(103)

Plat. A map, plan, or chart of a city, town, section, or subdivision, indicating the location and boundaries or individual properties.

(104)

Porch, unenclosed. A roofed projection which has no more than fifty (50) percent of each outside wall area enclosed by a building or siding material other than meshed screens.

(105)

Preschool. A child day care facility which provides to children ages three (3) through five (5), for periods of time not exceeding three (3) hours per day, programs designed to help the children to develop intellectual skills, social skills and motor skills, and to extend their interest and understanding of the world about them.

(106)

Principal use. The main use of land or structures as distinguished from an accessory use.

(107)

Recreational vehicle (RV) park. Any parcel of land upon which two (2) or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

(108)

Rent or lease. For the purpose of dwellings, a civil agreement which permits a dwelling to be occupied by persons which are not the owner or the owner's family.

(109)

Residential care facility. Any institution, place, building or agency providing for a period exceeding twenty-four (24) consecutive hours accommodation, board, personal assistance and other essential daily living activities to three (3) or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves but who do not require the services of a registered or licensed practical nurse except on an emergency basis.

(110)

Restaurant. An establishment that prepares and serves food and beverages to persons for immediate consumption.

a.

Dine-in. A restaurant where the patron consumes foods and beverages while seated at tables or counters located on the premises.

b.

Drive-in. A restaurant that delivers prepared food and/or beverages to patrons in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption on or off the premises.

c.

Carry-out. A restaurant which prepares food and/or beverages which are packaged and delivered to the patrons or are picked up at the establishment by the customer, there is no consumption of food or beverages on the premises by patrons.

(111)

Roominghouse. See lodging or roominghouse.

(112)

Satellite antenna - satellite dish. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter relay located in planetary orbit.

(113)

Salvage dealer. Any person who buys, sells, transfers, delivers, or stores junk, including all persons who carry on such business at a shop, a salvage yard or as a peddler, and any person who by advertisement, sign or otherwise holds himself or herself out as a salvage dealer, or dealer in old or discarded metals, machinery, rags, paper stock, and the like.

(114)

Salvage yard. Any place not fully enclosed within a building where a salvage dealer, in connection with the salvage dealer business, stores or deposits junk encompassing either (a) an area of two hundred (200) square feet or more, or (b) two (2) or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of two (2) or more motor vehicles.

(115)

Service station. Any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles, and including such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicle accessories and other items customarily associated with the sale of such products; for the rendering of service and making of adjustments and replacements to motor vehicles, and the washing, waxing, and polishing of motor vehicles, as incidental to other services rendered; and the making of repairs to motor vehicles except of a major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring, and frame repairs, major overhauling of engines requiring the removal of engine cylinder head or crankcase pan; repairs to radiators requiring the removal thereof; or complete recapping or retreading of tires. A service station is not a commercial garage nor a body or fender shop.

(116)

Shipping container. A unit not constructed in compliance with the city or state building code and a unit used, formerly used, intended or manufactured to be used, or appearing to be capable of being used for the shipping of goods.

(117)

Shopping center. A grouping of retail businesses and service uses within a single master planned complex of one (1) or more buildings with common parking facilities, access and open space.

(118)

Signs. See Chapter 19.09 for definitions.

(119)

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, if there is no floor above it, then the space between such floor and the ceiling or roof next above it shall be considered a story. A basement is counted as a story for the purpose of height regulation. (See Attachment G for illustration of story.)

(120)

Story, half. A space under a sloping roof which has the line of intersection of roof decking and exterior wall face not more than four (4) feet above the top floor level.

(121)

Street line. The right-of-way line of a street or road.

(122)

Street or road, public. Any thoroughfare or public way more than twenty (20) feet in width which has been dedicated to the public or deeded to or acquired by the city or county for street purposes; and also any such public way as may be created after the enactment of this ordinance, provided it is sixty (60) feet or more in width.

(123)

Structural alterations. Any replacement or change in the type of construction or in shape or size of a building or of the supporting members of a building or structure, such as bearing walls, columns, beams, arches, girders, floor joist or roof trusses, beyond ordinary repairs and maintenance.

(124)

Structure. Anything constructed or erected with a rigid or fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences (more than six (6) feet in height), billboards, solar collectors and dish antennae.

(125)

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

(126)

Substantial improvement. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions.

(127)

Swimming pool. Any structure, whether site-built or manufactured, intended to be used for swimming or recreational bathing, and that has the capacity to contain water more than twenty-four (24) inches deep.

(128)

Tattoo parlor. Any business required to be licensed through the State of Iowa pursuant to I.C.A., ch. 135.37 which as a primary business or a part or in the process of delivering other goods and services includes the service of permanent design of the skin by puncturing the skin and inserting indelible colors; also known as a derma-graphic art studio.

(129)

Telecommunications antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure.

(130)

Telecommunications tower. A tower, pole, or similar structure that supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building or other structure.

(131)

Telecommunications satellite dish antenna. Any antenna in the shape of a shallow dish, and the appurtenant equipment, used for the reception of communications (television or otherwise) from orbiting satellites or ground transmitters. This definition includes those satellite dishes less than three (3) feet in diameter.

(132)

Trailer park. See Mobile home park.

(133)

Travel trailer. A recreational vehicle, with or without motive power, designed as a temporary dwelling, exclusive of a separate towing unit. The term travel trailer shall include a pickup coach, motor home, camp trailer or other similar mobile and temporary dwellings commonly used for travel, recreation, or vacation quarters.

(134)

Travel trailer park. A parcel of land upon which two (2) or more spaces are provided, occupied or intended for occupancy by travel trailers for transient purposes.

(135)

TV antenna - radio antenna. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals.

(136)

Use. The purpose of activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.

(137)

Use, accessory. A subordinate use or structure, such as a private garage, which is clearly and customarily incidental to the principal use of a building or premises; and which is located on the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere.

(138)

Use, non-conforming. Any use of a building or premises which on the effective date of this ordinance does not, even though lawfully established, comply with all of the applicable use regulations of the zoning district in which such building or premises shall be located.

(139)

Use, principal. The main use of land or building as distinguished from a subordinate or accessory use.

(140)

Veterinary clinic. The keeping primarily for treatment purposes of animals such as dogs, cats, or other common household pets allowed by city ordinances to be kept as household pets; provided that animals kept and treated are not livestock, poultry, horses, or other large animals or agricultural animals; provided that each animal in any outside exercise areas is physically leashed to a handler; provided that the boarding of animals is an accessory use to the treatment of animals; provided that animals are primarily kept inside completely enclosed buildings insulated to prevent the transmission of interior sound; and provided that each animal in any outside exercise area is physically leashed to a human handler. See also definitions of Animal Hospitals and Kennels.

(141)

Warehouse. A building used primarily for the storage of goods and materials.

(142)

Wind generators. A structure used primarily to harness wind energy including such devices as wind generators, windmills, wind turbines and similar devices.

(143)

Yard. An open space on the same lot with a building or structure unoccupied and unobstructed by any portion of a structure from twenty-four (24) inches above the general ground level of the graded lot upward, except as may be provided by other sections of this ordinance. In measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, the least distance between the lot line and the main building shall be used. In measuring a yard for the purpose of determining the width of a side yard, the least distance between the lot line and the nearest permitted building shall be used.

(144)

Yard, front. A yard extending across the full width of the lot and measured between the front line and the building or any projection thereof, other than the projection of the usual steps. On corner lots, the front yard shall be considered as the yard adjacent to the street upon which the lot has its least dimension.

(145)

Yard, rear. A yard extending across the full width of the lot and measured between the rear lot line and the building or any projections other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots, the opposite end of the lot from the front yard.

(146)

Yard, side. A yard extending from the front yard to the rear yard and measured between the side lot lines and the nearest building.

(147)

(See Attachment D for yard illustrations).

(148)

Zero lot line. The location of a building on a lot in such a manner that one (1) or more of the building's sides rests directly on a lot line.

(149)

Zoning certificate. A written statement issued by the Zoning Administrator authorizing buildings, structures or uses consistent with the terms of the Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.

(Ord. No. 1300, § 1(2), 4-22-2015; Ord. No. 1343, § 1(Amds. 1, 2), 3-7-2018; Ord. No. 1346, § 1(Amds. 1—3), 3-14-2018; Ord. No. 1362, § 1, 7-10-2019; Ord. No. 1363, § 1, 7-10-2019; Ord. No. 1371, § 1, 4-8-2020; Ord. No. 1378, § 1(3), 9-9-2020; Ord. No. 1412, § 1, 11-8-2023; Ord. No. 1418, § 2, 6-12-2024)

(a)

There is hereby created the position of zoning administrator who shall be appointed by the city council. The zoning administrator shall administer and enforce the provisions of this ordinance and shall have the following powers and duties in connection therewith:

(1)

The zoning administrator shall issue all permits and certificates required by this ordinance.

(2)

If the zoning administrator shall find that any of the provisions of this ordinance are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The zoning administrator shall order the discontinuance of the illegal use of land, buildings or structures; the removal of illegal buildings or structures or of additions, alterations or structural changes thereto; the discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

(b)

The city council may delegate the powers and duties of the office of zoning administrator to any employee of the city or may combine the powers and duties of this office with any other position.

(a)

Conformance required. Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all of the district regulations established by this ordinance for the district in which the building is located.

(b)

Street frontage required. Except as permitted in section 19.02.100 of this ordinance, no lot shall contain any building used in whole or in part for residence purposes, unless such lot abuts for at least twenty (20) feet on at least one (1) public street, or unless it has an exclusive unobstructed private easement of access or right-of-way of at least twenty (20) feet wide to a street; and there shall be not more than one (1) single-family dwelling for such frontage or easement, except that a common easement of access at least fifty (50) feet wide may be provided for two (2) or more such single-family dwellings or for one (1) or more two-family or multiple dwellings.

(c)

Accessory buildings. In addition to the use limitations applicable to the district in which it is located, no accessory building shall be permitted unless it complies with the following restrictions:

(1)

No accessory building shall be constructed upon a lot until the construction of the principle building has been commenced, and no accessory building shall be used unless the principle building on the lot is also being used.

(2)

Unless permitted elsewhere in the zoning ordinance, accessory buildings shall not contain any sleeping rooms and shall contain no more than one living facility such as a bathroom or kitchen facilities.

(3)

Accessory buildings may be erected as a part of the principal building or may be connected thereto by a breezeway or similar structure; provided that all yard requirements for a principal building are complied with.

(4)

Accessory buildings shall not be erected in any required yard other than a rear yard. Exceptions: (1) Accessory buildings shall be permitted to be erected in a required side yard of a lot if the lot is greater than one (1) acre and if the principal building is set back from the front property line more than one hundred (100) feet. (2) Accessory buildings shall be permitted in a side or front yard in "B" districts and "M" districts provided that the accessory buildings are approved on the site plan, provided that the accessory building is subordinate in appearance to the main building, provided that the accessory building is associated with a non-residential use, provided that all yard requirements for a principal building are complied with, and provide that the accessory building has similar siding materials and color schemes to that of the principal building.

(5)

Accessory buildings which are not a part of the principle building shall not occupy more than thirty (30) percent of the rear yard. Exception: this regulation shall not be interpreted to prohibit the construction of a five hundred fifty (550) square-foot garage not exceeding twelve (12) feet in average roof height on a minimum rear yard.

(6)

Accessory buildings in rear yards not exceeding twelve (12) feet in average roof height shall be at least five (5) feet from alley lines and at least four (4) feet from lot lines of adjoining lots which are in any "R" District; and, on a comer lot, they shall conform to the setback regulations on the side street.

(7)

Accessory buildings shall not exceed twelve (12) feet in average roof height, except as provided otherwise in this section.

(8)

Accessory buildings shall not exceed two (2) stories above grade plane.

(9)

The average roof height of accessory buildings shall not exceed the average roof height of the principal building. The average roof height of accessory buildings shall not exceed the average of the average roof height of the tallest and shortest principal buildings of adjoining lots, except when the accessory building is two hundred (200) feet from lot lines.

(10)

The required yard setbacks for rear yard accessory buildings permitted to exceed twelve (12) feet in average roof height shall be increased one (1) foot for every foot the accessory building exceeds twelve (12) feet in average roof height.

(11)

Shipping containers shall not be permitted to be placed or used as accessory buildings on lots on which residential dwellings are the principal use.

(d)

Corner lots. For corner lots, platted or of record after the effective date of this ordinance, the front yard regulation shall apply to each street side of the corner lot.

(1)

On corner lots platted or of record prior to March 15, 1989, the side yard regulation shall be a minimum of fifteen (15) feet and shall apply to the longer street side of the lot except in the case of reverse frontage where the corner lot faces an intersecting street. In this case, there shall be a side yard on the longer street side of the corner lot of not less than seventy-five (75) percent of the front yard required on the lots to the rear of such corner lot; and no accessory building on said corner lot shall project beyond the setback line of the lots in the rear; provided, further, that this regulation shall not require a side yard greater than twenty-five (25) feet. (See Attachment A for illustrations).

(e)

Front yard. In all residential districts, there shall be a minimum front yard required as stated in the bulk regulations for that particular district; provided, however, that where lots comprising thirty (30) percent or more of the frontage within two hundred (200) feet of either side lot line are developed with buildings at a greater or lesser setback, the front yard requirement shall be the average of these building setbacks and the minimum front yard required for the undeveloped lots. In computing the average setback, buildings located on reverse corner lots or entirely on the rear half of lots shall not be counted. The required front yard as computed herein need not exceed fifty (50) feet in any case. (See Attachment A for illustrations).

(f)

Required yard cannot be reduced. No yard or lot existing at the time of the passage of this ordinance shall be reduced in dimension or area below the minimum required by this ordinance. No part of a yard or other open space, or off-street parking or loading space provided about any, building, structure or use for the purpose of complying with the provisions of this ordinance shall be included as part of a yard, open space or off-street parking or loading space required under this ordinance for another building, structure or use.

(g)

Permits previously issued. Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any building or part thereof for which approvals and required permits have been granted before the enactment of this ordinance; the construction of which in conformance with such plans shall have been started prior to the effective date of this ordinance and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control.

(h)

Zoning districts dividing property. Where one (1) parcel of property is divided into two (2) or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the other in its respective zoning classification; and for the purpose of applying the regulations of this ordinance, each portion shall be considered as if in a separate and different ownership.

(i)

Home occupations. Subject to the limitations of this section, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit subject to the issuance of a home occupation permit by the zoning administrator. Any question of whether a particular use is permitted as a home occupation as provided herein shall be determined by the zoning administrator pursuant to the provisions of this ordinance. The regulations of this section are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.

(1)

Use limitations. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:

a.

Not more than one (1) person who is not a resident on the premises shall be employed.

b.

No more than twenty-five (25) percent or four hundred (400) square feet of the floor area of the dwelling unit, whichever is less, shall be devoted to the home occupation.

c.

No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling.

d.

No stock of goods shall be displayed or sold on the premises in excess of thirty (30) cubic feet in volume.

e.

The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted building accessory thereto; and, in no event, shall such use be apparent from any public way.

f.

There shall be no outdoor storage of equipment or materials used in the home occupation.

g.

Not more than one (1) commercial vehicle used in connection with any home occupation shall be parked on the property.

h.

No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.

i.

No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.

j.

No sign, other than one (1) unlighted sign not over two (2) square feet in area, attached flat against the dwelling and displaying only the occupant's name and occupation, shall advertise the presence or conduct of the home occupation.

k.

There shall be no off-premise signs, radio, television, newspaper, handbill or similar types of advertising linking the premises with the home occupation.

(2)

Home occupations permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each such home occupation shall be subject to the use limitations set out in Section 19.02.050(i)(1) above:

a.

Providing instruction to not more than four (4) students at a time.

b.

Office facilities for accountants, architects, brokers, doctors, dentists, engineers, lawyers, insurance agents, contractors and real estate agents.

c.

Office facilities for ministers, priests and rabbis.

d.

Office facilities for salesmen, sales representatives and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises.

e.

Studio of an artist, photographer, craftsman, writer or composer.

f.

Homebound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of his or her disability.

g.

Shop of a beautician, barber, hair stylist, dressmaker or tailor.

h.

Bed-and-breakfast limited to not more than two (2) guest rooms.

i.

Child care home limited to not more than six (6) children.

j.

Prohibited storage of motor vehicles. Outdoor storage of motor vehicles not currently licensed shall be prohibited in all zoning districts, except motor vehicles held for sale by a licensed motor vehicle dealer at his place of business in a zoning district where motor vehicle sales are permitted.

(j)

[Swimming pools.] Swimming pools that are an accessory use to single family or two family dwelling units shall be located in any required yard other than a front yard, provided they comply with all applicable requirements of the building code adopted by the city, and provided they are located ten (10) feet or more from adjoining property lines, or, if they are placed in a side yard or rear yard that adjoins a public street or road, they are set back from property lines in accordance with the setback requirements for the principal structure.

Swimming pools that are principle structures or accessory structures to multiple family dwelling properties and commercial properties shall comply with chapter 19.12, site plans, as applicable, and shall and comply with all applicable requirements of the building code adopted by the city.

(Ord. No. 1300, § 1(1), 4-22-2015; Ord. No. 1362, § 1, 7-10-2019; Ord. No. 1412, §§ 2, 3, 11-8-2023)

(a)

All territory which may hereafter be annexed to the city shall be considered as lying in the AR Agricultural-Residential Reserve District until such classification shall have been changed by amendment in accordance with the provisions of this ordinance.

(a)

No land shall be occupied or used, and no building hereafter erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate is issued by the zoning administrator stating that the building and use comply with the provisions of this ordinance.

(b)

No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, without a permit being issued therefor by the zoning administrator. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this ordinance.

(c)

Nothing in this part shall prevent the continuance of a nonconforming use as hereinafter authorized, unless a discontinuance is necessary for the safety of life or property.

(d)

Applications for certificates of zoning compliance shall be applied for coincidentally with the application for a zoning/building permit and shall be issued within ten (10) days after the lawful erection or alteration of the building is completed. A record of all certificates shall be kept on file in the office of the zoning administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

(e)

No permit for excavation for or the erection or alteration of any building shall be issued before the application has been made for a certificate of zoning compliance, and no building or premises shall be occupied until that certificate is issued. A temporary certificate of zoning compliance may be issued by the zoning administrator for a period not exceeding six (6) months during alterations for partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

(f)

A certificate of zoning compliance shall be required of all nonconforming uses. The application for a certificate for nonconforming uses shall be filed with the zoning administrator within twelve (12) months from the effective date of this ordinance, accompanied by affidavits of proof that such nonconforming use was legally established prior to the adoption of this ordinance.

(a)

Each application for a certificate of zoning compliance shall be accompanied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape andlocation of the building to be erected and such other information as may be necessary to provide for the enforcement of this ordinance. A record of applications and plats shall be kept in the office of the zoning administrator.

(a)

Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of the zoning ordinance of Mount Pleasant, Iowa, upon conviction shall be fined not more than one hundred dollars ($100.00) for each offense, unless provided otherwise in zoning ordinance of Mount Pleasant, Iowa. Each day that a violation is permitted to exist constitutes a separate offense.

(b)

If a building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or a building, structure or land is used in violation of this ordinance, the city council, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate the violation, to prevent the occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises.

(c)

All departments, officials and employees of the city who are vested with the duty or authority to issue permits or licenses shall issue no such permit or license for any use, structure or purpose if the same would not conform to the provisions of this ordinance.

(Ord. No. 1398, § 1(3), 8-18-2022)

(a)

The regulations specified in this ordinance shall be subject to the following exceptions, modifications and interpretations:

(1)

Use of existing lots of record. In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official record as of the effective date of this ordinance irrespective of its area or width; provided, however:

a.

The sum of the side yard widths of any such lot or plot shall not be less than thirty (30) percent of the width of the lot but in no case less than ten (10) percent of the width of the lot for any one (1) side yard.

b.

The depth of the rear yard of any such lot need not exceed twenty (20) percent of the depth of the lot but in no case less than twenty (20) feet.

(2)

Structures permitted above the height limit. The building height limitations of this ordinance shall be modified as follows: Chimneys, cooling towers, utility poles, elevator bulkheads, fire towers, monuments, stage towers or scenery lofts, water tanks, churches, ornamental towers and spires, radio or television towers or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances of the city.

(3)

Water and sewerage requirements. In any district in which residences are permitted, except the AR District, and where neither public water supply nor public sanitary sewer is available, the minimum lot area and frontage requirements shall be as follows:

a.

Lot area: Twenty thousand (20,000) square feet; lot width at building line: One hundred (100) feet; provided, however, that, where a public water supply system is available, these requirements shall be fifteen thousand (15,000) square feet and one hundred (100) feet, respectively.

b.

The above requirements shall not apply in subdivision developments providing private water supply and sewage collection and disposal systems which have been approved by the Iowa Department of Natural Resources.

c.

In all districts where a proposed building, structure or use will involve the use of sewage facilities, and public sewer and/or water is not available, the sewage disposal system and domestic water supply shall comply with all of the requirements and standards of the Henry County Board of Health.

(4)

Double frontage lots. Buildings on through lots extending through from street to street shall provide the required front yard on both streets.

(5)

Other exceptions to yard requirements. Every part of a required yard shall be open to the sky, unobstructed with any building or structure, except for a permitted accessory building in a rear yard; and for the ordinary projections of sills, belt courses, cornices, ornamental features and roof overhang projecting not to exceed twenty-four (24) inches; and except for yard recreational and laundry-drying equipment, arbors and trellises, flagpoles, yard lights and similar decorative items.

(6)

Mixed-use yard requirements. In instances where buildings are erected containing two (2) or more uses housed vertically, the required side yards for the first floor use shall control.

(7)

Visibility at intersections in residential districts. On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2½) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points on said right-of-way lines forty (40) feet from their point of intersection.

(a)

The city council may, from time to time on its own action or on petition, after public notice and hearings as provided by law and after report by the zoning commission, amend, supplement or change the boundaries or regulations herein or subsequently established; and such amendment shall not become effective except by the favorable vote of a majority of all the members of the city council.

(1)

Procedures. Whenever any person, firm or corporation desires that any amendment or change be made in this zoning ordinance, including the text and/or map, as to any property covered by this ordinance, such party shall file an application for zoning amendment or change with the Building and Zoning Administrator. The Building and Zoning Administrator shall review the application requesting such amendment or change, and determine if the application dearly describes the property, and the boundaries to which the amendment or change is desired. The Building and Zoning Administrator shall notify by certified mail, return receipt request, the owners of the area of all real estate included within the boundaries of the tract described in the application, the owners of all real estate adjoining the tract described in the application, and the owners of all real estate which are separated only by rights-of-way from the tract described in the application. In addition, the Building and Zoning Administrator shall notify by regular mail the owners of all real estate lying outside of the tract, but within two hundred fifty (250) feet of the boundaries thereof. Said notice shall be mailed to the address shown for the owners of the real estate in the Office of the Henry County Assessor. Notification letters shall contain basic information pertinent to the zone change, including planned dates and times of all planning and zoning commission and city council meetings, the planned date and time of the informal meeting as required by subparagraph a. of this section, the provision to file a written protest as allowed by subparagraph c. of this section, the purpose of the zone change, and the proposed use of if the zone change is successful. Intervening streets and alleys shall not be included in computing such two hundred fifty (250) feet.

a.

Upon a determination by the zoning administrator that the application satisfactorily complies with the statutory requirements, the zoning administrator shall conduct an informal meeting with both the party seeking the zoning amendment or change and the landowners within the affected tract or the landowners within two hundred fifty (250) feet of the affected property. The purpose of such meeting shall be informational in nature. The party requesting the zoning amendment or changes shall present the detailed plans of the project which have prompted such application. The interested parties in attendance may make inquiry or express any concerns as to the same. It shall be the responsibility of the zoning administrator to report the contents of this meeting to the planning and zoning commission.

b.

After formal submittal to the city council, the planning and zoning commission shall review the application and the report from the zoning administrator. After public hearing, the commission shall advise the city council in writing of its recommendations and the vote thereon. Additionally, a representative of the commission shall attend at least one (1) city council meeting and outline in detail the basis of the commission's decision to either recommend or not recommend the applicable zoning amendment or change.

c.

In case the proposed amendment, supplement or change is disapproved by the zoning commission or a written protest is filed with the city clerk against the change, duly signed by the owners of twenty (20) percent or more of the area of the lots included in the proposed change or by the owners of twenty (20) percent or more of the property which is located within two hundred (200) feet of the exterior boundaries of the property for which the change is proposed, the change shall not become effective except by the favorable vote of at least three-fourths (¾) of all members of the council. Whenever any petition for amendment, supplement or change of the zoning districts or regulations herein contained or subsequently established shall have been denied by the city council, then no new petition covering the same property or the same property and additional property shall be filed with or considered by the city council until one (1) year shall have elapsed from the date of filing of the first petition. The above shall not prohibit the filing of a new petition for the same and/or additional property that requests a change to a more restrictive zoning classification than the one previously denied by the city council.

(2)

Filing fees. Before any action shall be taken as provided in this section, the Applicant shall pay to the City Clerk the sum of two hundred dollars ($200.00) to cover the costs of the procedure. Under no conditions shall said sums or any part thereof be refunded for failure of said amendment to be enacted into law. The City Council shall take no action on the application until the required fee is paid to the City Clerk.

(Ord. No. 1355, § 1, 9-12-2018)